Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1880-07-15

been less painful to your sensi-
bilities, it. might possibly have
occurred to you TO furnish some
thing on the subject in addition
to your bare assertion. 49,, ss.,,
But what was order, No. 40,
and how could it have the effect
you attribute to its It sets
forth that '.the great principles
of American liberty are tillthe
Inheritance of this, people and
ever should be, that the right
of trial by jury, the hg9eqs cor
pes, the liberty of the, press, the
Freedom Of speech, and the nat
ural rights of persons and prop
erty must be preserved" Will
you question the truth of these
declarations? Which one Of
these great principles of liberty
are you reday to deny and repu-
diate? Whoever does SO ayows
himselfthe enemy ofhumanli Ill err
ty and the advocate Of despotism.
Was there an intimation in gen
cral orders No. 40 that any
crimes, or breaches Of law would
be countenanced? You know
that there was not. On the
contrary, you know perfect
ly. well that while "the con
sidcration of crime and offences
committed in the Fifth Military
District was, referred to, the
Judgment of The regular civil
tribunals" o pledge was given
in order No. 40, which ali un-
derAtood, that tribunals would
be supported in their lawful, ju-
risdiction, and thrt fforciblc re-
'sistance to law would be Instant
lly suppressed by arms" ag You
Will not affirm that this pledge
has ever been forfeited, There
has not been moment since /
have been in command Of the
Fifth District, when the whole
military force in my hands has
not been ready to support the
civil authorizes of Texas in the
execution of the laws And !
am unwilling to believe they
would refuse to call for aid if
they needed it, !. ~ .,-..'..."....,'.'., ..'
There are some considerations
which, it seems to me-, should
cause you to hesitate before in
dulging in wholesale scensures
against the civil authorities, not
elected By the people, but crea-
ted by the. military. Not long
after you had thus come into
Office, all the judges of the Su-
preme Court of Texas-tiye in
number-wcre removed from Of
fee, and new appointments
made; twelve Of the seventeen
district judges were removed,
and others appointed. County
officers, more or less, in seventy
five out of one hundred and
twenty-cigAb counties, were re-
moved, and others appointed in
their places. 1t is fair to con-
clude that the, executive and
judicial civil -functiqnaries in
Texas are the persons whom
you desired TO, fill the Offices.
1t is proper to .menti9n. also,
that none bptregistered citizens,
and only. those who could take
the test oath, have, been allowed
to serve as jurors during your
administration. Now it is a.
gainst this local government,
created by military power prior
to my coming here, and SO COM
posed of your personal and po-
litical friends, that you have
preferred the most gricvous
complaints. 1t is of them that
you have asserted they will not
do their duty; they will not
maintain justice; will not arrest
offenders; ;willnot punish crimes;
and out of, one hundred homi-
cides committed in the last
twelve months, not over ten ar
rests have been made; and by
means Of such gross disregard
Of duty, you declare that neither
property nor lite is safe in Texas.
Certainly you could have said
nothing more 10 the discredit Of
the officials who arc now in Office.
If the facts be as you allege, u
mystery is presented for which
/ can imagine no explanation.
Why is it that your political
friends, backed up and sustain
ed by the whole military power
of the United States in this dis
tl1ct, should be willing to
enforce the laws against that
part OF the population lately in
rebellion, and whom you repre-
sent as the offenders? In oil
the history of these troubles,
| have never seen or hoard be-
fore Of such q fact. / repeat,
if the fact be SO, it is a profound
mystery, utterly surpassing my
comprehension. ] am constr aim
rcd to declare that I believe you
are in very great error as to
facts. On careful examination
at the proper source, | find that
~ tho date Of VOur letter fOur