Year: 1868

SIR-Your Communication or the 18th January
last was received in due course OF mail tthe 9th
january but not until 1t had been widely circulated
by the newspaper press. To such q letter. written
and published for manifest purposes, it has been my
intention to reply soon as leisure from m )re i'm
p0rtant business would permit.


Your statement that the act OF Congress "to pro-
vide for the more efficient government OF the rebel
States" declares that whatever government existed
In Texas was provisional; that peace and order
should be enforced that Texas should be part OF the
that the President should appoint an of1cer to CON-
mand in said district, and detail a force to protect
rection and violence and punish offenders, either by
military commission or through the action or
ss nU az be e hs
only read the act to perceive 1t contains such pro-
Visions But how all this is supposed TO have made
quested you have entirely failed to show. The power
to do thing, shown and the propriety OF dong It,
are often very dllierent matters. You observe you
out representation In Congress, or militia force,
and subject to military power, can be said to
do not reflect that this government, created or
permitted by Congress, has all the powers which the
II you think 1t ought to nave more powers should be
allowed to send members to Congress- WELD militia
force, and possess yet other powers your complaint
is not to be preferred against me, but against Con-
gress, who made IL what II Is.


As respects the issue between us, any question as
waa he o ne M mas n1
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 recog-
nlzes such local civil tribunals legal authorities
for the purpose specified When you contend there
no legal local tribunals 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 decla-
found peace" and proceed to state the grounds OF
your dissent They appeared to me not little extra
Exists here eXas ns
to the authority OF the United States" "But a
Uttered against the government, and yield to 1t
an unwilling obedience.n Nevertheless, you c0ncede
they do yield 1T obedience You proceed:-"None OF
this class have any affection for the government and
very few any respect for it. They regard the legisa
ton Of Congress on the subject Of reconstruction as
unconstitutional and hostile to their interests, and
consider the government now existing here under
the authority OF the United States usurpation
their rights. They look upon the emancipation OF
their late slaves and the Acknowledgement OF por-
tion OF their own class as an act OF insult and op-
pressionn


And this is all you have to present for proof that
war and not peace prevails in Texas and heace 1t
becomes my duty $50 you suppose) to set aside the
local civil tribunals and enforce the penal code
against citizens by means Of military commissions.


My dear sir, am not lawyer, nor has 1t been my
business az 1t may have been yours, to study the
philosophy Of statecraft and politics. But may lay
% Saf me to NSGsnIe some poor y knowledge Se sAa OF
men and some appreciation OF what is neces-
sary to social order and happiness. And tor the
future Of our common country could devOutly
wish that no great number Of our people have yet
fallen In with the views you appear 10 entertain.
Woe be to us whenever 1t shall come to pass that
the power OF the magistrate civil or military is per-
mitted to deal with the mere opinions or feelings OF


have been accustomed to believe that sentiments
OF respect or disrespect, and feelings OF affection,
love or hatred long as not developed into acts in
violation OF law, were matters wholly beyond th9
punitory power OF human tribunals


will maintain that the entire freedom OF thought
and speech, however acrimoniously ndulged, Is
sstent with the noblest aspirations OF man and the
happiest condition OF his race.


Wnen boy remember to have read q speech
OF Lord Chatham delivered In Parliament. II was
during our Revolutionary War, and related to
side Of Britain. You may be more fami-
liar with the speech than am. II am
not greatly mistaken, his lordship denounced the
British government-his gOverninent-in terms Of
unmeasured bitterness. He characterized its policy
as revolving to every sentiment OF humanity and
vented his eternal adherence OF 1t and its mea-
sures. II may think be safely asserted that ma
jority OF the British nation concurred in the views Of
Lord Chatham. But whoever supposed that profound
peace was not existing in that Kingdom, or
tOn the absolute right OF the opposition to express
their objection to the propriety OF the Kings
measures in any. words, or to any extent tley
pleased9 IL would be difficult to show that the OPP
ponents OF government In the days OF the elder
Adams, or Jefferson, or Jackson, exhibited for II
with the history of our past parties and political
struggles touching legislation on aenage, seition
the embargo, national banks, our wars with England





that for one party to assert that law system OF
legislation Is unconstitutona oppressive and usurpa-
the people OF Texas consider acts OF Congress uncon.
stitutona oppressive or insulting to them is Of no
consequence 10 the matter in hand. The President
OF the United States has announced his 0pin-
ion that these acts OF Congress are unconsti-
tutional. The Supreme Court, as you are aware,
not long ago decided unanimously that certain
military commission was unconstitutional; our people
everywhere in every State, without reference to the
side they took during the rebellion, differ to the
.ff
matter really is, neither you nor may dogmatically
ainrm.


II you deem them constitutional laws, and bene-
70 e ro om not bu Gn be
bounden duty as . citizen to do so. Not less
is It the privilege and duty OF any and every
citizen wherever residing. to publish his opinion
freely and fearlessy on this and every question
which he thinks concerns his interest. TINS Is
merely In accordance with the prnc,p,es oi our nee
live under any other. Ii is time now, at the ehd OF
almost two years from the close OF the war, We
should begin to recollect what manner Of people we
are; to tolerate again Free popular discussion and
extend some forbearance and consideration TO
opposing views. The maxims that ia all intel
lectual contests truth Is mighty and must prevail,
and that error Is harmless when reason Is left free
TO combat IT, are not only sound, but salutary II is
poor compliment TO the merits Of such cause that
It's advocates would silence opposition By force and
generally those only VINO are III the wrong Will resort
10 this ungenerous means am confident you viii
not commit your serious judsmcntto the proposition
that any amount OF discussion or any sort Of opinions
however unwse in your Judgment, or any assertion
feeling however resentful or bitter, not result
ing 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 a minority on these questions, or that
profound peace exists in the House OF Representa-
tiyes or the senate, at Washington on In the Su-
preme Court, where all these questions have
been repeatedly discussed and parties respect
fully and patiently heard. You next complain that
In parts OF the State Texas) II is dificult TO
enforce the criminal laws that shers fail to arrest
that grand jurors will not always indct: that In
some cases the military, acting in aid Of the civil
authorities, have not been able 10 execute the pro-
OF the courts; that petit jurors nave acquitted
persons adjudged guilty by you; and that other per-
sons charged with onences have broke Jail and
fed from prosecution. know not how these things
are but, admitting your representations literaiiy
true, II for such reasons ! should set aside the
local civil tribunals and order q military commits
sion there Is place In the United States where 1t
might not be done with equal propriety There Is
not state In the Union North or south, where the
like facts not continually happening. Perfection
is not to be predcated of man or his works. No