Year: 1868

the United States. That the people of
Texas consider acts of Congress uncon-
stitutional, oppressive or insulting to
them is of no consequence to the matter
in hand. The President of the United
States has announced his opinion that
these acts of Congress are unconstitu-
tional. The Supreme Court, as you are
aware, not long ago decided unanimously
that certain military commission was
unconstitutional /; our people every
where, in every State, without reference
TO the side they took during the rebel
lion, differ as 10 the constitutionality of
these acts of Congress. How the mat
ter really is neither you nor l may dog
matically affirm.


If you deem them constitutional laws
and beneficial to the country, you not only
have the right to publish your opinions,
but it might be your bounden duty as a
citizen to do so. Not less is it the priv
ilege and duty of any and every citizen,
wherever residing, to publish his opinion
freely and fearlessly on this and every
question which he thinks concerns his
interest. This is merely in accordance
with the principles of our free govern
ment, and neither you nor l would wish
to live under any other. 1t is time now,
at the end of almost two years from the
close of the war, we should begin to rec
ollect what manner of people we are;
to tolerate again free, popular discussion,
and extend some forbearance and con-
sideration to opposing views. The max
inns that in all intellectual contests truth
is mighty and must prevail, and that er
ror is harmless when reason is left free to
combat it, are not only sound, but salu-
tary.- 1t is poor compliment to the
merits of such cause that its advocates
would silence opposition by force, and
generally those only who are in the
wrong will resort to this ungenerous
means. am confident you will not
commit your serious Judgment to the
proposition that any amount OF dis
cussion or any sort of opinions, how
ever unwise in your Judgment, or
any assertion OF feeling, however resent
full or bitter, not resulting in the breach
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 profound peace
exists in the House of Representatives
or the Senate, at Washington, or in the
Supreme Court, where all these ques-
tions have been repeatedly discussed and
parties respectfully and patiently heard
You next complain that in parts of the
State (Texas) it is difficult to enforce the
criminal laws; that sheriffs fail to ar
rest; that grand jurors will not always
indict; that in some cases the military
acting in aid of the civil authorities
have not been able to execute the pro
cess of the courts; that petit jurors have
acquitted persons adjudged guilty by
you; and that other persons charged
with offenses have broke Jail aud fec
from prosecution. I know not how these
things are; but, admitting your represen
tations literally true, if for such reasons
should set aside the local civil tribunals
and order military commission there is
no place in the United States where il
might not be done with equal propriety
There is not Staten the Union, Nortl
or South, where the like facts are moi
continually happening. Perfection is
not to be predicated of man or his works
No one can reasonably expect certain
and absolute justice in human transac'
tions; and if military power is to be SCI
in motion, and on the principles fol
which you would seem to contend, L feal
that a 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 tina
there is no local State government il
Texas and no local laws outside of tn,
acts of Congress which l ought to re
spect; and that I should undertake t.
protect the rights of persons and prop
erty in my own way, and in an arbitrary
manner. If such be your meaning,
am compelled to differ with you. Afte


the abolition of slavery Gan event whicl
I hope no one now regrets) the laws o
Louisiana and Texas existing prior t.


the rebellion, and not in conflict with tn


acts of Congress, comprised a vast sys


tenn of Jurisprudence, both civil ant


criminal. 1t required not volumes only


but libraries to contain them. The,
laid down principles and precedents fo


ascertaining the rights and adjusting tn


controversies of men in every conceiv


able case. They were the creation


of great and good and learne


men, who had labored in thei


duty for their kind and gone dow


to the grave long before our recent trout


les, leaving their works an inestimabl


legacy to the human race. These laws


as am informed, connected the civilizs


tions of the past and present ages, an


testified of the justice, wisdom, human


ity, and patriotism of more than on


nation, through whose records they d.


scended to the present people of thes


States. I am satisfied, from represent;


tion of persons competent to judge, the


are as perfect system of laws as ma


be found elsewhere, and better suite


than any other to the condition of tn


people, for by them they have long bee
governed. Why should it be suppose
Congress has abolished these laws


Why should any one wish to abolis
them? They have committed no tire
son nor are hostile to the United State
nor countenance crimes nor favor inju
tice. On them, as on foundation
rock. reposes almost the entire supe
structure of social order in these tv
! States. Annul this code of local law
and there would be no longer any righ
) either of persons or property her
Abolish the local civil tribunals MAJ
to excuse them, and you would virtual
annul the laws, except in reference
the very few cases cognizable in Il