The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1880-07-06

only, OUT HOrarleS 10 contain tnem. lucy
laid down principles and precedents for
ascertaining the rights and adjusting the
controversies of men in every conceiv-
able case. They were the creations Of
great and good and learned men, who
had labored, in their day, for their kind,
and gone down to the grave long before
our recent troubles, leaving their works
an inestimable legacyto the human race.
These laws, as am Informed, connect
ed the civilization Of past and present
ages, and testified OF the justice, wis
dom, humanity and patriotism Of more
than one Nation, through whose records
they descended to the present people Of
these States.
"What was Order No. 40, and how
could it have the effect you attribute to
it2 1t sets forth that the great princi.
Piles Of American liberty are still the in.
heritance of this people and ever should
be, that the right of trial by jury, the
habeas corpus, the liberty of the press,
the freedom of speech, and tie natural
rights of persons and property must be
preserved Will you question the truth
of these declarationsp Which one OF
these great principles of liberty are you
ready to deny and repudiatep Whoever
does so avows bimself the enemy of hu
man liberty and the advocate of desrot.
ism. Was there any intima'ion in Gen.
eral Orders No. 40 that any crimes or
breaches of law would be countenanced
You know that there was not, On the
contrary, you know perfectly we'll that
while 'the consideration Of crime and
offenses committed IN the Fifth Military
District was referred to the judgment of
the regular civil tribunals pledge was
given in Order No 40, which all UNDER
stood, that tribunals would be supported
in their lawful jurisdiction, and that
'forcible resistance to law would be in
stantlv suppressed by arms You will
not affirm that this pledge has ever been
forfeited. There has not been moment
since have been in command of the
Fifth District, when the whole military
force in my hands has not been ready
to support the civil authorities OF Texas
in the execution of the laws And l
am unwilling to believe they would re-
fuse to call for aid if they needed it.
81 have found little else in your letter
but indications of temper, lashed into
excitement by causes which l deem
mostly imaginary, great confidence in
the accuracy Of your own opinions, and
an intolerance of the opinions of others,
desire to punish the thoughts and feel
ings of those who differ from You, and.
an impatience which magnifies the short
comings of officials who are perhaps as
earnest and conscientious in the dis
charge of their duties as yourself, and
most unsound conclusion that while any
persons are to be found wanting IN af-
fection or respect for government, or
yielding it obedience from motives which
you do not approve, war, and not peace,
is the status, and all such persons are
the proper subjects for military penal
jurisdiction.
eff l have written anything to dlsa-
buse your mind of 80 grave an error /
shall be gratified.
81 am, sir, very respectfully, your
obedient servant.
W. S. HANCOCK,
"Msjor General Commanding"
"ORDER TO SECURE THE PURITY OF ELEC
TIoNs, AND TO PREVENT MILITARY IN
TERFERENCE AT THE POLLS.
"HEADQUARTERs FIFTH MILITARY DIST
New ORLEANS, La, Dec. Is, 1867.
SPECIAL ORDERS,
No. 2l3.
EXTRACT.
II. In compliance with the supple
mentary act of Congress OF March %,
1857, notice is hereby given that an elec-
ton will be held in the State of Texas
on the 10th, 11th, 18th, 18th and 14th
days of February, 1868, to determine
whether a convention shall be held, and
for delegates thereto, to form Consti'
tuition for the State under said act. =
ak. Military interference with elec-
tions, unless it shall be necessary to
keep the peace at the polls,' is prohibit
ed by law, and no soldiers will be allow
ed to appear at any polling place, unless
as citizens Of the State they are regis
tered as voters, and then only for the
purpose of voting; but the commanders
of posts will be prepared to act prompt.
ly if the civil authorities fail to preserve
the peace.
TX The sheriff and other peace off
GERS of each county are required to be
present during the whole time the polls
are kept open, and until the election is
completed, and will be made responsible
that there shall be no interference with
judges of election, or other interruption
of good order.
''As an additional measure to secure
the purity of the election, each registrar
or clerk is hereby clothed, during the
election, with authority to call upon the
civil officers OF the county to make ar.
rests, and in case of failure of the afore-
said civil officers. are empowered to per-
form their duties, during the election
They will make full report of such fail
ures on the part Of civil officers to the
Commanding General. Fifth Military
District, through the headquarters, Dis
trict of Texas, for orders in each case.
= + 4
"By command of Maj Gen. HANCOCK.
"[Oficial. y
February "a, 1868, General Hancock
wrote a letter to General Howard com.
planning of the usurpations of the Freed
mans Bureau, In which he said:
"There are numerous abuses of au-
thority on the part of certain agents Of
the Bureau in Texas, and General Rey-
nolds is already investigating some of
them.
my intention is to confine the agents
OF the Bureau within their legitimate au-
thority, so far as my power as District
Commander extends; further than that,
it is not my intention or desire to inter
fere.'
GARFIELD and GRANT don't like the
civil power, and together work for the
removal of HANCOCK: