The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1880-07-02

. measnru b more tRnn ~ = i.
slcad cf reinslaiIng the coincidence e. tAe p1h1ll
in city notes. 4 would probably dsalnqy Il ala
gether.
Kze A0AE119 0zAA8 LANA
To Hin ExczxxxncY 4. n. RnAsns o.
KnNoR a. TAxAs- S. !; Hseges 1ae3or &C.,
J. J. Rsyno1da, ccmmending Dls1isk Of
| In = conlmuuimsinn dateA Ann1Ih, 1exnn N
vember, 10. 1879, requests that . military com.
mission may be ordered for the trial Of one G.
1
1t il true that the third section Of - An act 10
| provide for the more efficient government Of the
| rebel States makes It the duty Of the command.
| ers Of military distficts to punish, or cause d
| and criminals" but the same power, from ia
very nature should be exercised for the trial oil
offenders against the Laws Of State only IN TIA
extraordinary event that the local civil tribunals
| are unwilling or unable to enforce the lawn
| against crimea At this time the county h in q
state of profound peaceL The Stats awyeTnmeni
Of Texas. organized In subordination - the an.
| thority Of the Government Of the United Bates,
is in the full exercise Of all its proper powers
| Under such circumstances there b no good
| ground for the exercise of the extraordinary
| power vested in the commander to organize q
military commission for the trial Of the poEeons
named
| REvoKING SUMMARY REMOVAL MADE By HIS
| PREDECESSOR.
| Second-Paragraph 8 of special orders No. 1873,
from these headquarters, dated November 18th,
1857, issued by Brevet Major General Mower.
| removing p r. O'Rourke, Clerk of Second Dis
trct Court, Parish of Orleans, for malfeasance in
Office, and appointing R. L. Shelly in his stead,
| is hereby revoked, and p. r. O'ROurke b rein
stated in said Office. If any charges are Get up
against the said O'Rourke the Judicial Depart
ment of The government is sufficient TO take
| whatever action may be necessary in the prem
| ises. By command OF
| MAJ. GEN. HANCOCK,
| December A, 1867.
| REvoKING ORDER OF HIS PREDECESSOR ON JU-
| RoRe.
| The Commanding General has been officially
| informed that the administration Of justice and
especially of criminal justice, in the courts, il
clogged If not entirely frustrated by the enforce
ment of paragraph No 2, OF the military order
numbered special orders 125, current series, from
these headquarters, issued on the oath of August,
A. D. 1867, relative to the qualifications OF per
sons to be placed on the jury lists of the State OF
Louisiana The Commanding General in the
discharge of the trust reposed in him, will main
tain the just power of the judiciary, and is un-
willing 10 permit the civil authorities and laws
TO be embarrassed by military interference. II is
ordered that said paragraph which relates TO the
qualifications of persons to be placed on the jary
/ lists of the State of Louisiana be, and the same
is hereby revoked. By command Of
| MAI. GEN. HANCOCK.
December 5, 1857.
TO PREVENT MILITARY INTERFERENCE AT THE
POLLa
| Ninth-Miliiary interference with elections
unless il shall be necessary to keep the peace
at the polls" is prohibited by law, and no sol
diers will be allowed to appear at any polling
place. unless as citizens Of the State they are
registered as voters, and then only for the pur-
will he prepared to act promptly If the civil au-
thorities fail to preserve the peace.
December 49, 1857.
DIsCLAIMING JUDICIAL FUNCTIONS IN CIVIL
CASES
Applications have been made at these head
| quarters implying the existence of an arbitrary
authority in the Commanding General touching
purely civil controversies.
One petitioner solicits this action, another that
and each refers to some special consideration of
grace or favor which he supposes to exist and
which should influence this Department
The number of such applications and the
waste of time they involve make it necessary TO
declare that the administration of civil justice
| appertains to the regular courts. The rights oil
litigants do not depend on the views of the Gen.
eral they are TO be adjudged and settled accord
ing TO the laws. By order of
MAJ. GEN HANCOCK
January 1, 1873.
ON REMOVALS WITHOUT JUDICIAL INQUIRY.
HIS ExcKLLENcY B. F. FLANDERS, GOVERNOR
| OF LoUIsIANA-GooernOr: am directed by the
Major General commanding to acknowledge the
receipt of your communication Of the 11th inst
| with papers and documents accompanying the
same, charging the police jury, parish of Orleana
right bank. with appropriating 10 their own use
and benefit the public funds Of said parish, and
with being personally interested in contracts let
| by them, and recommending the removal from
Office of the President and members of said police
jury, and, in reply, 10 state that these charges
present proper case for Judicial investigation
and determination and as it is evident TO him
that the courts Of justice can afford adequate
relief for the wrongs complained Of, If proved to
exist, the Major General commanding has cen
cluded that ii is not advisable to resort to the
measures suggested in your Excellency's com.
your obedient servant, w. G. MITCHELL,
| Brevet Lieutenant Colonel United States Army,
Secretary for Civil Affairs.
December 80, 1857
THE LETTER TO GOVERNOR PRAsE, or
| TEXAS.
On the great and then oversbadowing
question of the restoration of the South.
ern States, General Hancock was equally
specific and clear in his letter Of March g.
1868, to Governor Pease, of Texas Gov.
ernor Pease having addressed letter to
General Hancock, commenting on order
No. 40, the General replied in his own
defense in an able state paper, Of which
the following are extracts:
AS respects the Issue between US, any question
as to what ought to have been done has ne per.
thence. You admit that the act OF Congress au
thorzes me TO try an offense by military com.
mission, or allow the local civil tribunals TO try
as shall deem best; and you cannot deny thai
the act expressly recognizes such local civil tri.
bunals as legal authorities for the purpose speci
fed When you contend that there are no legal
local tribunals for any purpose In Texas, yOsl
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) 10 in ste te
of profound peace" and proceed 10 state the
grounds of your dissent They appear to me moi
little extraordinary. quote your words: at
is true there no longer exists here (TexAs) any
organized resistance to the authority OF the Uni-
ted States" but large majority Il The white
population who participated In the lnte rebellion
are embittered against the government and yield
TO il an unwilling obedience" Nevertheless, you
concede they do yield II obedience. You pro-
ceed
None Of this class have any anectien FOR The
government, and very few have any respect iol
Il. They regard the Regulation Of Oongtes on the
subject Of reconstruction - unconstitutional and
| Il 49, a.