The proper rule of conduct is simple. It is found in the instructions, to which I referred the other day, from the British Commissioner in a conquered province of India. After indicating certain crimes to be treated with summary punishment, he proceeds to say: “All other crimes you will investigate according to the forms of justice usual in the country, modified as you may think expedient; and in all cases you will endeavor to enforce the existing laws and customs, unless where they are clearly repugnant to reason and natural equity.”[72] Here is the proper limitation. Anything else is unworthy of a civilized country. Whatever is clearly repugnant to reason and equity must be rejected. Surely such a thing cannot be enforced. But what can be more clearly repugnant to reason and equity than the barbarous law which an officer, in the name of the National Government, has threatened to enforce?
The resolution was agreed to.
June 4th, a report from the Secretary of War, in answer to this resolution, contained a letter of appointment, dated May 19, 1862, conferring “all and singular the powers, duties, and functions pertaining to the office of Military Governor, including the power to establish all necessary offices and tribunals, and suspend the writ of Habeas Corpus.” This was followed, May 20th, by instructions, wherein it is said: “Upon your wisdom and energetic action much will depend.… It is not deemed necessary to give any specific instruction, but rather to confide in your sound discretion to adopt such measures as circumstances may demand. Specific instructions will be given, when requested. You may rely upon the perfect confidence and full support of the Department in the performance of your duties.”[73]
STAND BY THE ADMINISTRATION.
Letter to ——, June 5, 1862.
This letter, after enjoying an extensive circulation in the newspapers, was preserved as a political document in McPherson’s “Political History of the Rebellion.”[74]