The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1880-07-06
H A N G. O G. K
"The Military Power Should Cease
to Lead. and the Civil Admin
fStratiOn Resume its Nat
ural and Rightful Do.
miniOn."
"The Right of Trial by jury, the
Habeas Corpus, the Liberty of
the Press, the Freedom of
Speech, the Natural Rights
OfPersOns, and the Rights
of Property must be
Preserved"


Speech, the Natural Rights
1 OfPerSOnS, ,and the Rights
| of Property must be
| Preserved"
Il fWhen General Hancock was assigned
to the command of the Fifth Military
District, he became. under the Recon-
struction Laws of Congress, the abso-
lutte ruler of two States-Louisiana and
Texas. He had the power to remove
lcivil Magistrates. to suppress the local
tribunals, to establish military commits
sons and to suspend the civil laws. He
continued in this responsible position,
with his headquarters at New Orleans,
from November, 1867, until March 16,
1868, when, in consequence of General
Grants interference with his adminstra-
ton, he was relieved at his own request.
What he did during these eventful
months, was not as leader of troops,
but almost wholly in the exercise of his
duties and authority as the supreme
Governor of the two States included
within his jurisdiction. He has. there
fore not only civil record, but such a
civil record as is best calculated to illus
trate his character as a citizen and bis
qualifications as statesman. Because,
being invested with powers which sub
jected MIN TO scarcely any other restraint
than his own discretion, his admnistra-
ton must be considered in more than an
ordinary degree characteristic of the
mental and moral qualities of the man.
1t will be remembered that at tho time
General Hancock was appointed to this
position, Congress had parceled out the
South into number of military despot.
isms, based upon the assumption that
the people of that section of the Union
had forfeited their constitutional liber-
lies, and had no longer any civil rights
which military commander was bound
to respect. But when General Hancock
assumed personal command Of his mill
tary province, his first act was to issue
an official order from his headquarters
at New Orleans, proclaiming that the
Constitution had survived the war; snd
was still the rightlul inheritance of all
the people.
This noble document is in the follow
ing words:
"HEADouARTERs FIFTH MILITARY DIST
New ORLEANS. La, Nov. 20, 1867. 4
tGeneral Orders, No. 40.l
81. In accordance with General Or
ders No 81, Headquarters of the Army,
Adju,ant Generals Office. Washington,
D. C, August 81, 1867, Major General
w. S. Hancock hereby assumes CON-
mand of the Fifth Military Destrict and
of the Department composed of the
States of Louisiana and Texas.
"Il. The General Commanding is
gratified to learn that peace and quiet
reign in this Department. 1t will be his
purpose to preserve this condition of
things. AS means to this great end
he regards the maintenance of the civil
authorities in the faithful execution of
the laws as the most efficient under ex-
listing circumstances.
"In war it is indispensable to repel
force by force, and overthrow and des-
troy opposition to lawful authority. But
when insurrectionary force has been
overthrown and peace established, and
the civil authorities are ready and will.
ling TO perform their duties, the military
power should cease to lead, and the
civil administration resume it's natural
and rightful dominion. Solemnly i'm
pressed with these views, the General
announces that the great principles of
American liberty are still the lawful in
heritance of this people, and ever should
be. The right of trial by jury, the
habeas corpus, the liberty of the press,
the freedom of speech, the natural rights
of persons, and the rights OF property
must be preserved.
"Free Institutions, while they are es-
sential to the prosperity and happiness
of the people, always furnish the stron-
gest inducements to place. and ORDER
Crimes and offenses committed 10 this
district must be referred to the considera-
ton and judgment OF the regular civil
tribunals, and those tribunals will be sup
ported in their lawful jurisdiction.
ssShould there be violations of exis
ting laws which are not inquired into by
the civil magistrates, or should failures
In the administration of justice by the
Courts be complsined Of, the cases will
be reported to these headquarters, when
such orders will be made as may be
deemed necessary.
"While the General thus indicates his
purpose to respect the liberties of the
people, he wishes all to understand that
armed insurrection or forcible resistance
to the law will be instantly suppressed
by arms.
"By command Of
"Msjor Gen. W. S HANCOCK"
[Oficial.
In General Hancock's celebrated let
ter to Governor Pease, of Texas, the
General says:
"My dear sir, am not lawyer, nor
has it been my business, as it may have
been yours, to study the philosophy Of
Statecraft and politics. But / may lay
claim, after an experience of more than
half lifetime, to some poor knowledge
of men, and some appreciation of what
is necessary to social order and happi-
ness. And for the future of our com
mon country, l could devoutly wish that
no great number of our peopleshave 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
Magistra,e-civ or military-is per-
mitted 10 deal with the mere opinions or
feelings Of the people
81 have been accustomed to believe
that sentiments of respect or disrespect,
and feelings of affection, love or hatred,
so long as not developed into acts in
violation Of law, were matters wholly
beyond the punitory power of human
tribunals.
81 will maintain that the entire free