, 1880-07-12
race. and vented hi. eternal abhorrence

that profound peace was not existing in
that kingdom; or that government had
any authority to question the absolute
right Of the opposition to express their
objections to the prepriety of the kings
measures in any words, or to any extent
they pleased? 1t would be difficult to
show that the opponents of the Govern.
ment in the days of the elder Adams, or
Jefferson. or Jackson, exhibited for it
either affection" or respect" You are
conversant with the history of our past
parties and political struggles touching
legislation on alienagc, seditlon, the em>
barge, national banks, our wars with Ems
gland and Mexico, and cannot he igno-
rant of the fact. that Tor one party to as-
sert that a law or system OF legislation is
unconstitutional, oppressive, and usurpa-
tive, is not a new thing in the United
States. That the people of Texas cousid-
er acts of Congress unconstitutional OPP
pressive, or insulting to them, is of no
consequence to the matter in hand. The
President Of the United States has an>
nounced his opinion that these acts are
unconstitutional. The Supreme Court,
as you are aware, not long ago decided
unanimously that a certain military com
mission was unconstitutional. Our peS
pie everywhere, in every State, with
out reference to the side they took dur
ing the rebelllsn. differ as to the consti-
tutionality of these acts of Congress-
How the matter really is, neither you nor
l may dogmaticalIy affirm.
i
and beneficial to the country, you not
only have the right to publish your opin.
ions, bnt it may be your bounden duty
as a citizen to do so. Not less is it the
privilege and duty of any and every citi>
zen, wherever residing, to publish his
opinion, freely and fearlessly on this and
every question which he thinks concerns
his interest. This is merely in Accord
ance with the principles of our free gov
ernment; and neither you nor l would
wish to live under any other. 1t is time
now. at the end of almost three years
from the close of the war, we should be>
gin to recOilect what manner of people
we are; to tolerate again free, popular
discussion, and extend some forbearance
and consideration to opposing views
The maxlms that in all intellectual con-
tests truth is'mighty and must prevail,
and that error Is harmless when reason
is left free to combat it, are not only
sound, but salutary. 1t is poor com
pliment to the merits of such cause,
that iIs advocates would silence opposi-
ton by torce; and generally those only
who are i'll the wrong will resort to this
ungenerOus means. | am confident yOn
will rot commit your serious judgment
to the proposition that any amount of
discussion. or any sort of opinions, hsw>
ever unwise in your Judgment; or any
assertion or feeling, however resen:ful or
bitter, not resulting in beach of law,
can furnish justification for your denial
that profound peace exists in Texas
You might as well deny that profound
peace exists in New York, Pennsylvania,
Maryland, California, Ohio and Kentucky,
where majority of the people differ
with minority on these questions: or
that prefonnd peace exists in the House
of Representatives. OF Senate, at WASH
ington, or in the Supreme Court, where
all of these questions have been repeat
edly discussed, and parties respectfully
and patiently beard. You next complain
that in parts of the State (Texas) it is
difficult ts enforce the criminal laws; that
Sheritfs fail to arrest; that grand juries
will not always indict; that in some cases
the military acting in aid of the civil au
thorlties have not been able to execute
the process of the courts; that petit Jurors
have acquitted persons adiudged guilty
by you; and that other persons charged
with otfenses have broke Jail and fled
frem prosecution. I knew not how these
things are; but admitting your repre-
sentati0ps literally true, if tor such rea-
sons SHOULD set aside the local civil tri>
bunals and order military commission,
there is no place in the United States
where it might not be done with equal
propriety. There is not State in the
Union-North or South-whcre the like
facts are not continually happening
Perfection is not to be preaicted of man
or his werks. No one can reasonably
expect certain and absolute justice IN hu>
man transactions; and if military power
is to be set in melton, on the principles
ipi WHICH you Woulu seem I'D contend, L
fear that civil government. regulated
by laws, could have no abiding place be-
meath the circuit OF the sun. 1t is rather
more than limited in your letter. that
there is no local Government in Tex
as, and no local laws outside the acts of
Congress, which l ought to respect; and
that should undertake to protect the
rights of person and property IN my oacn
aray and in an arbitrary manner. If such
your meaning, am compelled to diff
fer with you. Alter the abolition of
slavery, Gan event which hope no one
now regrets,) the laws of Louisiana and
Texas existing prior to the rebellion, and
not in conflict with the acts OF Congress,
vast system OF Jurisprudence,
both civil and criminal Ii rcnu1red not