Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1880-07-13
MiScELtkNEnuS.
HAN0o0K's GENERAL ORDER NO.
40.
What President Johnston Said and
Thought Concerning It.
Gentlemen of Ms Senate and Of the R0ass

Gentlemen Of the Senate and of the Roxss
of Representatives.: -a
An official copy of the order issued by
Major General Wipfeld S. Hancock, COM
manderr of the Fifth Military District, dated
headquarters in New Orleans, La, on the
29th day Of November, has reached me
through the regular channels of the War
Department., and herewith communicate it
to Congress for such action as may seem to
be proper in view of the circumstances.
1t will be perceived that Gen. Hancock
announces that he will make the law the
fule of his conduct; that he will uphold the
courts and other civil authorities in the per-
formauce of their proper duties, and that he
will use his military power only to preserve
the p' aHc and enforce the law. He declares
very explicitly that the sacred right of the
trial by jury and the privilege Of the writ of
huCe0s corpus shall not be crushed out o.
troddeu under foot. Ho goes further, aud
in one compre heo.ive sentence asserts that
the principles of American liberty are still
the inheritance of this people, and ever
should be.
When great soldier, with uurestricted
power in his hands to Cypress his fellow men,
voluntarily foreGoes the chance Of gratifying
his selfish ambition and devotes himself to
the duty OF building up the liberties and
presents an example of the highest public
virtue that human nature is capnh1e of prac.
ticing. The strongest claim of Washington
to be 'hrst in war, first in peace, and first
in the hearts OF his countrymen," is founded
on the great fact that in all his llustrious
career he scrupuiously abstained from violn>
ting the legal and constitutional rights of his
fellow-citizens. When he surrendered his
commission to Congress, the President of
that body smoke his highest praise in saying
that he had "always regarded the rights of
the civil authorities through all dangers and
disasters" Whenever power above the law
courted his acceptance, he calmly put tho
the temptation aside. BY such magnanimous
acts of forbearancc he won the universal ad.
mration of mankind and left name which
has no rival in the history of tho world.
am tar from saying that Gen. Hancock
is the only officer Of tho American. army who
is influenced by the example of Washington
Doubtless thousands of them arc faithfully
devoted to the principles for which the men
of the Revolution laid down their lives.
But the distinguished honor belongs to him
OF being the first officer in high command
south OF the Potomac since tho close of the
civil war, who has give utterauce to these
noble sentiments in the form of a military
order.
| respectfully suggest to Congress that
somo public recognition of Gen Hancock's
patriotic conduct is due. ifnot to him. to the
friends of law and justice throughout the
country or such an act as his, at such a
time. it is bat ct that the dignity should be
vlndicated and the virtue proclaimed, so that
Its value as en- example may not be lost to
the nation. ANDREW JonNRoN.
Washington. D. G.. Dec. lS, 1867.