San Marcos free press. [volume] (San Marcos, Tex.) 1877-1892, 1880-10-30

or murder. HOW am 10 tako tn0
first step in any such matteri II ]
turn TO the acts Of congress I find
nothing ON the subject. I dare not
open the authors ON the local code,
for IL has ceased 10 exist.
And you tell me that in this per
picking condition I am TO furnish, by
dint OF my own hasty and crude judg-
ment, the legislation demanded by
the vast and manifold interests Of the
peoplel I repeat sir, that you and
not congress, are responsible for the
monstrous suggestion that there are
no local laws or institutions here to
be respected by me, outside the acts
of congress. I say unhesitatingly
that il it were possible that congress
should pass an act abolishing the To-
cal code Of Louisiana and Texas, which
I do not believe-and it should fall
to my lot to supply their places with
something Of my own, ] do not see
how / could do better than follow
the laws in force here prior to the
rebellion, excepting whatever therein
shall relate to slavery. Power may
destroy the forms but not the prin-
ciples Of justice; these will live in
spite even of the sword. History
tells us that the Roman pandects
were lost for long period among
rubbish that war and revolution had
heaped upon them, but atlength were
dug out out of the rllins-again to
be regarded as Q precious treasure.
You are pleased to state that "since
the publication Of (my) general or
der No. 40. there has been aperceptr
ible increase of crime and manifesto
ton of hostile feeling toward the
government and it's supporters" and
add that it is ian unpleasant duty TO
give such recital Of the condition Of
the country. "a4i il s9.aviaA g Z
You will permit me to say that !
deem it impossible the first Of these
statements can be true, and that !
do very greatly doubt the correctness
of the second. General order No.
40 was issued at New Orleans No
vember ~, 1857, and your letter was
dated January II, 1868. Allowing
time for order No. 40 to reach Texas
and become generally known, some
additional time mpst have elapsed
before it's effect would be manifested,
and o yet further time must, transpire
before you would be able to collect
the evidence Of what you term "the
condition Of the country" and yet
after all this, you would have to make
the necessary Investigations TO- as
certain if order No. Az or something
else was the cause. The time there
fore remaining to enable you, before
the 17th of January 1868, to reach q
satisfactory conclusion on 80 delicate
and nice a question must have been
very short. How you proceeded,
whether you investigated your
self or through third per-
sons, and if so, who they
were, what their competency and
fairness, on what evidence you rested
your conclusion, or whether you as-
certained any facts at all, are points
upon which your letter 30 discreetly
oinits all mention, that Imnywell be
excused for not relying implicitly up
on it; nor is my difficulty diminished
by the fact that in another part OF
your letter you state that ever, since
the close OF the war very large por-
ton Of the people have had no affec-
tion for the government, but bitter
ness Of feeling only. Had the duty
Of publishing and circulating through
the country, long before it reached
me, your statement that the action
of the district commander was in
creasing crime and hostile feeling
against the government, been less
painful to your sensbiities, it might
possibly have occurred TO you to fur
nish something on the subject in
addition to your bare assertion.
But what was order No. 40, and
how could it have the effect you at
tribute to itf It sets forth that
"the great principles Of American
liberty are still the Inheritance Of
this people and ever should be, that
the right Of trial by jury, the habeas
corpus, the liberty OF the presA the
freedom Of speech, and the natural
rights of person and property must
be preserved" Will you question
the truth of these declarations
Which one of these great principles
of liberty are you ready to deny and
repudiatef Whoever does SO avows
himself the enemy Of human liberty
and the advocate Of despotism. Was
there any intimation IN general or
der No. 40 that any crime or breach
es Of law would be countensnced :
You know that there was not Oni
the contrary. you know periect.y
well that whiie "the consideration
of crime and offences committed IN
the Fifth military district was refer
red to the Judgment OF the regular
civil Tribunals, a p.edge was gwen
in order No. 40, winch AL understood
that Tribunals would be supported in
ther lawful jurisdiction and tina.
..orcible resistance TO law would be
instantly suppressed by arms You
Will not affIm that tins pledge hss