Year: 1868

foundation Of rock, reposes almost the entire
States. Annul this code Of local laws and there
would be no longer any rights either of persons oil
property here. Abolish the local civil tribunals
made TO execute them and you would virtually an
nul the laws, except In reference TO the very few
cases cognizable in the federal courts. Let for
moment suppose the whole local cyil code annued,
and that am LEFT, commander Of the Fifth Mill
tary District, the sole fountain OF law and justice.
This Is the position in which you would place me.


l am now to protect all rights and redress all
wrongs. How Is II possible for me to do itf In
Vulnerable questions arise OF which am not only
court is entirely united. One would establish
VIII; another q deed; or the question Is one Of
succession or partnership, or descent or trust; q
cation may relate to robbery, theft arson, or MUIR
der. How am to take the first step in any such
nothing on the subject. dare not open the authors
on the local code for 1t has ceased to exist.


And you tel! me that in this perplexing condition
am TO furnish, by dint Of my own hasty and crude
Judgment, the legislation demanded by the vast and
manifold interests OF the people l repeat SIR
that you, and not Congress-, are responsible
no local laws or institutions here to be re-
spected by me, outside the acts OF Congress- say
unhesitatingy, II It were possible that Congress
should pass an act abOlishing the local codes for
Louisiana and Texas-whch do not believe-and 1t
Something Of my own M 40 Ira 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 bat not the
principles OF justice; these will live In spite even
OF the sword. History tells US that the Roman
pandects were lost for long period among the rub
bish that war and revolution had neaped upon them
but at length were dug out Of the ruins-again to be
regarded as priceless treasure.


You are pleased to state that ssince the publica-
tion OF my) General Orders No. 40, there has been
perceptibe increase or crime, and manifestation
supporters" and adds that il Is "an unpleasant
country"


You win permit me to say that deem 1t impossi-
BILE the first OF these statements be true and that


do very greatly doubt the correctness OF the second
November 30 1887 and your letter was dated January
IL 1858. Allowing time for Order No. 40 to reach
Texas and become generally known, some ad
effect would be manifested, and a yet further
time must transpre before you would be
condition OF the country and yet after all this you
would have TO make the necessary Investigations to
ascertain II Order No 40, or something else, the
you,. before the 18th of January, 1868, to
reach a satisfactory conclusion on SO deli
very very short. How you proceededwwhether You You
investigated yourself or through third persons, and
Il so, who they were, what their competency and
fairness, on what evidence you rested your cOncu-
siOn-or whether you ascertained any facts at all,
points upon which your letter discreety omits
ing implicitly upon it; nor IS my diniculty dimln-
ished by the fact that In another part OF your letter
you state that ever since the close OF the war
very large portion OF the people have had no
affection for the government but bitterness OF feel
ing only Had the duty OF publishing and circulating
through the country long before II reached me- your
statements that the action Of the District Commander
was increasing crime and hostile feeling against the
government been less painful your sensibities it
might possibly have occurred to you TO furnish
thing on the subject In addition TO your bare asser
tiOn


the effect you attribute To ts IL sets forth that the
great principles OF American liberty still the In
, q rhs x people @ ana ever should Ben no Ta
of the press, the freedom OF speech and the
natural rights of person and property must
truth Se 81 which Cns Of thess as
great principles OF liberty are you ready to deny
the enemy Of human liberty and the advocate Of des
potism Was there any intmation In General Orders
No. 40 that any crimes or breaches OF law would be
the contrary, you know perfectly well that while
"the consideration Of crime and offences commit
ted n ~. the Fifth N Military ,s Dct re-
pledge was given In Order No. 40, which
all understood, that tribunals would be supported In
their lawful jurisdiction, and that forcbe resistance
to law would be instantly suppressed by arms"
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 I'm my hands has not been ready
to support the civil authorities OF Texas in the exc
cution Of the laws And am unwilling to believe
they would refuse call for il they needed


There are some considerations which, 1t seems to
wholesale censures against the civil authorities OF
Texas You yourself the chief OF those authoYi-
military Not long after YOU had thus come into
ONCE all the judges OF the Supreme Court or
Texas-bve In nunber-were removed from office
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 twentycight
counties were removed and others appointed in
their places II Is fair to conclude that the executive
and judicial civil fnnctionaries In Texas are the
persons whom you desired to I'LL the offices. II Is
proper To mention, also, that none but registered
citizens, and only those who could take the test
oath, have been allowed to serve as jurors dur
ing your administration. Now it is against this
local government, created by military power prior
to my Coming here and SO composed OF your per-
sonai and political friends, that you have preferred
the most grievous complaints. 1t IL OF them that
You have asserted they will not do their duty; they
win not maintain justice; will not arrest Offenders;
will not pun crimes; and that out OF hundred
homIcides committed In the last twelve months not
over ten arrests have been made; and by means Of
such gross disregard OF duty you declare that
neither property nor life Is safe in Texas.


Certainly you could have said nothing more to the
discredlt Of the officials who are now In Office. II
the fact be as you aege mystery Is presented for
which can imagine no explanation. Why Is II that
your political friends, backed up and sustained BY
the whole military power Of the United States In
this district, should be unwilling to enforce
the laws against that part OF the popula-
tion lately in rebellion and wh2m you repre-
troubles have never seen or heard before OF such
fact repeat, IL the fact be so II Is profound mys
terry, utterly SURPRISING my comprehension. ! am
constrained to declare That believe you are In very
great error as to facts. On careful examination at
the proper source | find that at the date Of your
letter four cases only Of homicides had been re-
ported to these headquarters as having occurred
since November 20, 1867, the date OF order No
40, and these cases were ordered TO be tried or IN
vestigated as soon as the reports were received.
However, the fact Of the one hundred homicdes may
st be correct, as stated by you. The Freedmcn's
Bureau In Texas reported one hundred and sixty;
how many Of these were by Indians aud Mexicans
and how the remainder were CLASSIFIED is not known,
nor Is 1t known whether these data are accurate


The report Of the commanding officer OF the dis
trct of Texas shows that since assumed command
no applications have been made 10 him by you for the
arrest OF criminals In the State OF Texas.


To this date eighteen cases OF homicides have
been reported 10 me as having occurred snCe Novem-
ber 49, 1851, although special instructions had been
given to report such cases az they occur. or
these nve were committed by Indians, one by a
Mexican, one by an insane man, three by
colored men, two women by their husbands, and
OF ihe remainder some by parties unknown-all OF
which could be scarcely attributable 10 order No.
40. II the reports received since the issuing OF Order
No. 40 are cprrect, they exhibit no increase OF homi
cdes In my time, II you correct that one hundred
had occurred in the past twelve months.


haan norf MI mi nm nf