The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1880-07-08
nEoRutTiNdABkTFIk or rHn wt1pHHNEss.
During the winter: lie went North tt

REoRufTffNd d-Bk kTfIE OF FHs wfhpEHNEss.
During the winter; he went North to
was evefy%here received with h9nora, In
cluding formal, reception by both
Houses Of the Legislatdfs as Albany. In
March, g 1864, with the ranks of the
Twenty second Corps well recruited and
| campaign of the Wilderness In command
of $4,000 men. At Spottsylvania, on
May 12, by an assault at daybreak, he
carried the enemy's position, taking
{, 1000 prisoners, thirty stand Of colors and
| twenty pieces of artillery. Among the
brigadiers taken Was General George Ii.
| Stewart, On acquaintance OF General Ham
cock, and former regular army officer,
Hancock's presence. ,The, latter, with
characteristic frankness, 6ffered the pirriis-
oner his hand with the femaEk, isSte%-
art, I'm glad to see you" Stewart, wHo
was afflicted with overwhelming ideas of
his own importance, drawing himself up,
| said: tsUnder the circumstances, sir, I
cannot take your hand" With quiet COM
posure, General Hancock replied ::
"Under any other circumstances, sir, i
would not have offered you my hand" /.
''dENEHAL ORDER, No. 40"
In November, 1867, he was ordered to
assume Command Of the Fifth, Military
District, With headquarters, ateNewe Or
leans. He at once issued his famous
General Order No. 40" to the people Of
Louisiana and Texas: 1Gen. Hancock
informed them that he took command in
accordance. with the orders he had re-
ceived from the headquarters of the
army, but that he did not propose to
rule them by military orders at all. He
west that. peace and quiet reigned among
them. To best preserve that state Of
things he proposed toilet the civilauthor-
tiles exeetite the civil laws. War he re-
garded as only necessary TO destroy op-
position to lawful authority, but when
i peace was established and when the civil
authorities were ready and willing to
1 perform their duties the military power
should cease to lead and the civil admin
istration shotld testirie Its, natural and
| rightful conditions He declared HIM
self solemnly impressed with the belief
that the great principles of the Ameri-
can liberty were the lawful inheritance OF
the whole people, and should forever
continue to be. He declared that the
rights of trial by jury, ha6eas corpus,
liberty of the press, freedom of speech,
the natural rights of person and of prop.
I Ierty should be preserved He believed
that free institutions being essential te
: the prosperity and happiness of the peo-
! pie were themselves the strongest In.
dueements to peace and order He de:
clared that the civil authorities and
tribunals shotild have the consideration
of, and jurisdiction over, crimes and of.
fenses, and should be, supported in the
exercise of that Jurisdiction But, while
thus recognizing the rights of the ipeo
pie, he annouced that he should sup.
press armed insurrecion and ;forcible
resistance to law by force of arms al
once. s-Sasse' 9 Hft
General Hancock maintained the puri
ty and independence of the elections, re
fused to organize military commissions
to take the place of judicial trials, ani
would permit no military interference
with civil administration. The Mayo
of New Orleans formally requested hi
!, interference by military order in certain
proceedings against the corporation
General Hancock declined on the GROUND
that his interference would be tinconsti
tutional, and could only be exercised il
an emergency which did not, in his opin
ion, then exist. He was requested By
| the General commanding the District o
Texas, to oftlef a military commission
for the trial of certain offender. FL
; declined, stating as his reasons, tina
, while the act passed by Congress "fo
the more efficient government of th
} rebel States" made it the duty of com
manders of military districts to punisl
: disturbers of the public peace and crimi
mails, that power, from the nature o
| things, should only be exercised whel
: the local civil tribunals were unable anc
unwilling to enforce the laws, supposi
!, ton that did not exist, a State Govern
II ment in subordination to the Unite,
States being then in full exercise of it
| powers in Texas. General Hancock
predecessor had summarily, by militar.
! order, removed the clerk Of a court an
had appointed another in Misplace. Gen
q Hancock revoved this orderon the grount
[: that if. there were any charges agains
the clerk so removed the courts wer
/; competent to take action In the premises
! | His predecessor had rendered the ad
: 4 ministration of justice inefficient by in
) stituting certain qualifications for person
) to be eligible to do jury duty, such quail
f fcations being made by military order
General Hancock revoked the order, an
Z nouncing that he would not permit th
civil authorities to be embarrassed b
. military interference In December b
2 issued an order prohibiting military il
! reference with the elections, unless whe
! necessary to keep the peace at the polll
] ns being contrary to law, and he ofdere
. that no soldier be allowed to appear 6
any polling place unless as citizens {
the State, registered voters, and for tn
!, purpose of voting;;i but he ordered fun
y ther that the commander of post
3 peace in Cases where the civ
t authorities failed to do so. Men il
3 1 terested in civil controversies in gres
/, numbers applied at the Generals heai
t quarters for interference, assuming O
a his part both the arbitrary power to IL
l terfere and the Willingness to do 81
S General Hancock, by general orde
: again announced that the ad1ninistratio
t of civil justice pertained only to the res
g ular courts, and that the rights of th
9 itigants did not depend on his views as
d the merits of their cases. Having bee
=, appealed to by the Governor of til
e State to remove from Office the PresideI
0 and members of the Police Jury of IL
IS Parish of Orleans, they being charge
/. with appropriating to their own us,
t public funds, General Hancock reite
r ated the principle that these were matter
pertaining to the civil administration
: : and should be solely dealt with by tn
courts. IS s.- -
, A DISCUSSION ON CONSTITUTIONAL COVER,
|: MENT.
" Governor Pease, of Texas, provi
: ional Governor, took exception to tn
L order; declared that Hancock had powe
? to punish offenders, either by militar