Year: 1868

commission requested, you have entirely
failed to show. The power to do thing
if shown, aud the proprieiy Of doing IL,
are often very different matters. You
observe you are at loss to understand
how government without representa-
ton in Congress, or militia force, and
subject to military power, can be said to
be in the full exercise Of all its proper
powers. You do not reflect that this
government, created or permitted by
Congress, has all the powers which the
act intends, and may fully exercise them
accordingly. II you think il ought to
have more powers, should be allowed to
send members to Congress, WELD a
militia force, and possess yet other
powers, your complaint is not to be pre-
ferred against me, but against Congress,
who made it what it is.


As respects the issue between us, any
question as to what Congress ought to
have done has no pertinence, You ad-
NIT the act OF Congress authorizes me to
try an offender by military commission,
or allow the local civil tribunals to try,
as / shall deem, best and you cannot
deny the act expressly recognizes such
local civil tribunals as legal authorities
for the purpose specified. When you
contend there are no legal local tribu-
nails for any purpose in Texas, you must
either deny the plain reading of the act
of Congress, or the power of Congress to
pass the act.


You next remark that you dissent
from my declaration, that the country
(Texas) is in state Of profound peace"
and proceed to state the grounds Of your
dissent. They appear to me little ex.
traordinary. | quote your words: 1t
is true there no longer exists here
(Texas) any organized resistance to the
authority Of the United States" "But a
large majority of the white population
who participated in the late rebellion are
embittered against the Government, and
yield to it an unwilling obedience. !"
Nevertheless, you concede they do yield
it obedience. You proceed None
of this class have any affection
for the Government, and very few any
respect for it. They regard the legisla-
ton of Congress on the subject of recon.
struction as unconstitutional and hostile
to their interests, and consider the Gov
ernment now existing here under author
ity of the United States as an usurpation
on their rights. They look on the
emancipation of their late slaves and
the disfranchisemen of portion Of
their own class as an act of insult and
oppression.


And this is all you have to present for
proof that war and not peace prevails in
Texas, and hence it becomes my duty
so you suppose--to set aside the local
cival tribunals, and enforce. the penal
code against citizens by means OF mill
tary commissions.


Ny dear sir am not lawyer, nor has
it been my business, as it may have been
yours, to study the philosophy of state
craft and politics. But may lay claim,
after an experience of more than half a
lifetime, to some poor knowledge of men,
and some appreciation of what is ne
cessary to social order and happiness.
And for the future of our common coun-
try, / could devoutly wish that no great
number of our people have yet fallen in
with the views you appear to entertain,
Woe be to us whenever it shall come to
pass that the power of the magistrate
civil or military-is permitted to deal
with the mere opinions or feelings of the
people.


have been accustomed to believe that
sentiments of respect or disrespect, and
feelings of affection, love OF hatred, so
long as not developed into acts in viola
ton of law, were matters wholly beyond
the punitory powers of human tribunals.


l will maintain that the entire freedom
of thought and speech, however acrimo-
niously INDUCED, is consistent with the
noblest aspirations of man, and the hap
piest condition of his race.


When boy, remember to have read
a speech of Lord Chatham, delivered In
Parliament. 1t was during our revolution
ary war, and related to the policy OF en-
ploying the savages on the side of Britain.
You may be more familiar with the
speech than am. If am not greatly
mistaken, his lordship denounced the
British government-his government
in terms of unmeasured bitterness. He
characterized its policy as revolving to
every sentiment of humanity and re-
ligion; proclaimed it covered with dis.
grace, and vented his eternal adherence
Of it and its measures. 1t may, think,
be safely asserted that majority OF the
British nation concurred in the views OF
Lord Chatham. But whoever supposed
that profound peace was not existing in
that kingdom, or that government had
any authority to question the absolute
right of the opposition to express their
objections to the propriety of the Kings
measures in any words or to any extent
they peasedf 1t would be difficult to
show that the opponsnts of government
in the days of the elder Adams, or JEFF
ferson, or Jackson, exhibited for it either
affection or respect" You are con-
versant with the history OF our past
parties and political struggles touching
legislation on alienage, sedition, the em-
barge, national banks, our wars with
England and Mexico, and cannot be
ignorant Of the fact that for one party to
assert that law or system Of legislation
is unconstitutional, oppressive and usur.
pative, is not a new thingin the United
States. That the people of Texas con-
sider.ects of Congress unconstitutional,
oppressive or insulting to them, is OF no
consequence to the matter in hand. The
President of the United States has an
nounced his opinion that these acts OF
Congress are unconstitutional. The Su-
preme Court, as you are aware, not long
ago decided unanimously that a certain
military commission was unconstitu-
tional. Our people everywhere, in every
State, without reference to the side they
took during the rebellion, differ as to the
constitutionaliiy of these acts Of Con.
cress. How the matter really IS, neither
you nor may dogmatically affirm.


II you deem them constitutional laws,
and beneficial to the country, you not
only have the right to publish your