Year: 1868

And YOU tell me that in this perplexing
condition am to furnish by dint of my own
hasty and crude judgement, the legislation
demanded by the vast and manifold interests
of the people 1 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 bysme, out
side the acts of Congress. say unhesitating-
ly. if it were possible that Congress should
pass an act abolishing the local codes for
Louisiana and Texas-which do not believe
and it should fall to my,,lot to supply their
places with something of my own, do not
see how I could do better than follow the laws
in force here prior 70 the rebellion, excepting
whatever therein shall relate to slavery
Power may destroy the forms, but not the
principles of justice; these will live in spite
even of the sword. History tells us that the
Roman pandects were lost for a long period
among the rubbish that war and revolution
had heaped upon them, but at length were
dug out of the ruins-agaln to be regarded
as a priceless treasure.


Youare pleased to state that "since the pub
licaton of (my) General Orders No. 40, there
has been perceptible increase of crime, and
manifestation of hostile feeling towards the
Government and its supporters" and add
that it is Gan unpleasant duty to give such
recital of the condition of the country"
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 Orders
No. 40 was issued at New Orleans November
29th, 1867, and your letter was dated-January
II, 1868 Allowing time for Order No. 40
to reach Texas and become generally known.
some additional time must have elapsed be-
fore its effect would be manifested, and yet
further time must transpre 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 ascertain If Order
No. 40, or something else, was the cause
The time, therefore, remaining to enable you,
before the 18th of January, 1868, to reach a
satisfactory conclusion on so delicate and nice
question, must have been very short How
you Observation-Disclosures you investigated
yourself or through third persons, and, if so,
who they were, what their competency and
fairness, on what evidence you rested your
cuEclusion-or whether you ascertained any
facts at all, are points upon which your letter
so discreetly omits all mention that may
we'll be excused for not relying implicitly
upon 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
a very large portion of the people have had
noaffection for the Government, but bitterness
of feeling only. Had the duty of publishing
and circulating through tie country, long be-
fore it reached me, your statement that the
action of the district commander was increas-
ing crime and hostile feeling against the Gov
ernmeut been less painful to your sensibilities,
it might possibly have occurred to you to
furnish something on the subject in addition
to your bare assertion.


But what was Order No. 40, and how could
it havet he effect you attribute to it? 1t sets
forth that "the great principles of American
liberty are still the inheritance of the people,
and ever should be-" ''That the right of
of the press, the freedom of speech, and the
natural rights of person and property must
be preserved" Will you question the truth
of these declaration? Which one of these
great principles of liberty are you ready to
deny and repudiate? Whoever does so avows
himself the enemy of human liberty and the
advocate of despotism. Was there any inti-
nation in General Orders no 40 that any
crimes or breaches of law would be counte>
nanced? You know that there not.
On the contrary, you know perfectly well
that while "the consideration of crime and
offences committed in the Fifth Military Dis
trict was referred to the judgment of the
regular civil tribunals" a pledge was given
in Order No. 40, which all understood, that
tribunals would be supported in their lawful
jurisdiction, ard that ''forcibe resistance TO
law would be instantly suppressed by arms"
You will not affirm that this pledge has ever
been forfeited. There has not been a mo-
ment since I have been in command of the
Fifth District when the whole military force
in my hands has not been ready to support
the civil authorities of Texas in the execu-
ton of the laws. And l am unwilling to be-


ieve 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 be-
fore indulging in wholesale censures against
the civil authorities of Texas. Youare your
self the chief of those authorities; not cleo
ted by the people, but created by the militia
ry. Not long after you had thus come into
office, all the judges of the Supreme Court
of Texas-fve in number-were removed
from Office, and new appo intment's made;
twelve of the seventeen district judges were
removed, and others appointed. County Off
GERS, more or less, in seventy~five out Of one
hundred and twenty-eight counties, were re-
moved, and others appointed in their places
1t is fair to conclude, that the executive and
judicial civil tunctionaries in Texas are the
persons whom you desired to fill the offices.
It 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 during your administration. Now,
it is against this local government, created
by military power prior to my coming here,
and so composed of your personal and politi-
cal friends, that you have preferred the most
grievous complaints. 1t is of them that you
have asserted they will not do their duty;
they will not maintain justice; will not arrest
offenders; will not. punish crimes; and that
out of one hundred homicides committed in
the last twelve months, not over ten arrests