San Marcos free press. [volume] (San Marcos, Tex.) 1877-1892, 1880-07-17

1T you deem them constitutional IaWe
aud beneficial to the country. you
not only have the right to publiah
your opinions, but IL might be your
bounden duty a. q citizen to do %.
Not less iis il the privilege and duty
Of any and every citizen, wherever
residing, to publish his opinion freely
and fearlessly on this aud every ques.
fion which he thinks concerns his, In
terest. This is merely in accordance
with the principles Of our free govern
ment and neither you nor I would
wish to live under any other. Il 10
timc now, at the end Of almost two
years from the close Of the war, wo
should begin to recolleot what manner
of people wo are to tolerate again free
popular discussion, and extend some
forbearauce and consideration to op.
posing views. The maxims that in all
intellectual contests truth is mighty
and must prevail, and that error is.
harmless when reason ID left free to
combat it. arc not only sound but sal
utary. Itis poor compliment to the
merits ofsuch q cause that its advoca.
tes would silence opposition by force;
and generally those only who are in
the wrong will resort to this ungener.
Gus means. l am confident you will
not commit your serious Judgment 70
the proposition that any amount Of
dicussion, or any SORT of opinions, how.
ever uuwlse in your judgment, or any
assertion Of feeling, however resent
full or bitter not resulting in breach
of law, can furnish justification for
your denial that profound peace exists
in Texas. You might as we'll deny
that profound peace exists in Now
York, Pennsylvania, Maryland, Cali
fornia, Ohio. and Kentucky, where a
majority Of the people differ with q
minority on these questions ; or, that
profound peace exists in the House Of
Representatives or the Senate at Wash.
ington. or in the Supreme Court,
where all these questions have been re-.
peatedly discussed, and parties respect.
fully and patiently heard.
THE BABcocK coURT-GEN HANCOCK g
MOTION TERMINATING PROCEED
INGs. tsse .o,
Gen. w. s. Hancock arose in his
place, and. addressing the Court, said |:
Mr.. PRESIDENT: have motion
to make to the Court which will be
proper to be made before the Court is
sworn, if it be made at all. If the
Court are prepared to hear me, l will
proceed at once. ~
Lieut.. Gen. Sheridan-Prooee Gen
eral, the Court will hear you. 's =
Gen. Hancock then read the follow
ing motion: A sense Of duty to the
laws, to the military service, and to the
accused impels me to ask your concur !
renee 10 q postponement Of this inquiry
for the present. We are all bound to
believe in the entire innocence Of Gen.
Babcock. and this presumption cannot
be repelled without the evidence. 1t
is due to him to suppose that the
court of inquiry was asked 10 good
faith for the reasons given. What
we're these reasons? In the course OF
o legal trial in St. Louis. Col. Babcock
was alleged to be guilty Of high Grim.
iual offence. He asked for hearing
in the same court but was informed
that he could not have it, because,
the evidence was closed. These cir
cumstances had LED him to demand q
court of inquiry as the only means Of
yindication that was left. Since then
he has been formally indicted. and is
now certain of getting that full and
fair.trial before an impartial jury, which
the laws Of the country guarantees to
all its citizen, The supposed neces-
sity Of convening a military court for
the determination Of his guilt or inno-
cence no longer exists. 1t is not be.
lieved that our action as q military
tribunal can oust the Jurisdiction Of
the court in which the indictment is
pending The President has said,
through the Attorney General, that
such was not the intention. Then the
triIl at ~. Louis aud this inquiry
must 90 on at the same time, unless
we await the result Of the inquiry
there.
The difficulties are very formidable.
The accused must be present at the trial
Of the Indictment. Shall ue proceed
and hear the cause behind his back, or
shali we yex him with tue trials 81
once? The injustice Of this 10 nari-
fest.
I presume from the nature Of the