Morning journal and courier., 1880-10-12
GOVERNOR PEAsE TO HANCOCK.

Those who think General Grant has mis-
 represented Hancoek's management of affairs
 in Texas and Louisiana, and who believe
 that Hancock saved the country by General
 Order No. 40,'' should pay some attention to
 letter written by Governor Pease, of Texas,
 to Hancock soon after the order was issued. Governor Pease was an old Texan, resident
 of the State before it's declaration of inde- pendence from Mexico, elected Governor in
 1853 and re-eleci ed in 1855 He knew what
 it had cost to be Union man in that sec ton, and few men were better qualified to speak as to the public sentiment of his State.
 It was because of these things that General Sheridan selected him provisional governor. His letter. written one week after the receipt of "Order No 40" began by saying: think it my duty to reply to some DOT tions of it, lest my silence be construed into an acquiescence in the opinions expressed therein in regard to the condition of affairs 1 in Texas and the authority of the civil pro- visional government now existing here I dts 1 sent entirely from the declaration that the State Government of Texas, organized in subordination to the authority of the United States is in the full exercise of all it's proper powers"
 He then reviews the various acts of Con gress concerning the government of the rebel States and says:
 The reasonable construction of these pro- visions of the acts of Congress referred to would seem to be that Texas is placed under military government, of which the chief 1 officer is the commander of the fifth military district, and that whatever civil government l there is in Texas is provisional only, subject to said military commander and the para I of ] by their sufferance as part of the machin- | cry through which the military authority of | the United States is exercised.
 l This construction is supported by the acts of the successive commanders of the fifth l military district and their correspondence 1 with this office from the time they first as
 stunned command, in March, 1867, until quite
 recently. They have exercised the right of removing and appointing at their pleasure l the officers of the civil provisional govern l ment (with the exception of tho few that are appointed by the governor), and of filling by appointment all vacancies in offices here tofore filled by an election by the people of l Texas. They have also, at pleasure, exer- | cised the right to abolish, modify, control l and supersede the laws heretofore enacted, as well the proceedings and judgments of the courts They have also, at their pleas ure made arrests for violations of the crimi- nal laws.
 1 It is true that they have permitted the of | ficers of the civil provisional government, except the legislature, to perform their du- ties as prescribed by the laws of Texas, but l in subordination to their orders and the laws of the United States.
 am at loss to understand how govern ment without any representation in Congress, and without any militia force, with such hm- tied powers and thus subject to be further limited and changed at pleasure by the mii- tary commander of the district, can with any propriety be called State government or ganized in subordination to the authority of the government of the United States, and in 1 full exercise of all it's powers.
 Governor Pease then dissents from the
 declaration of General Hancock that ''at this time the country is in a state of profound 1 peace" It is true, he says, that there is no longer any organized resistance to federal authority, but the feeling of bitter hostility still exists and an unwilling obedience is yielded simply because of the belief that re- sistance would bring a hopeless contest with | the United States military power. But the reconstruction acts are regarded with hatred 1 as unconstitutional and it is extremely diff cult to enforce the criminal laws. Murders 1 are common and unpunished and resistance | to the laws has been general. And then fol- | lows this notable statement:
 | The condition of affairs was much worse l before the establishment of the present mih- tary government than it has been since. The 1 fear of arrest by the military authorities and | trial by military commission has had I some effect in deterring lawless men from
 the commission of crime. But I am con- strained to say that, since the publication of General Orders No. 40, of 29th November,
 1867, from headquarters fifth military dis trict, taere has been 0 percepts6Ee increGse cf
 crime and naGaattestGtton of hostile tee1i1ag to- ! qeGrds the GO0eynment and its supporters.
 The letter concludes as follows:
 If all these matters had been known to the commanding general of the fifth military dis
 trict, his surprise might not have been excit- ed that civil magistrate of Texas who is de-
 sirous to preserve peace and good order and 1 to give security to person and life should have ] applied to him as the chief officer to whom I the government of Texas is entrusted by the
 laws of the United States, to do by military
 authority what experience has proved cannot be effectually done by the civil officers of