Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1880-07-09
Eancsck's Order No. 40.
From the Detroit Post AMI Tribune


Gen. Hancock's famous order No. 4o,
while in command of the Department OF the
Southwest created wide CONSERVATION among
the black and white loyalists OF the South
and commensurate exultatiou among the per
sons recently in rebellion against the Gov-
erpment. An intelligent Cnonist writing of
the condition of affairs that followed il at
that time, said
Gen. Hancock is with the President poll.
ticallv, and will only execute the letter OF
the law to escape accountabllry anu mus aio
negatively in defeating constitutional law.
Cen Hancock might regard it as an affront
that lns actions and intentions are thus inter
nreted. but it does not alter the fact There
is not an intelligent rebel in all the land that
does not understand him. II the command
ing general could only know that every one
of L;S late enemies was now his friend and
advocate, and that every one OF his mon
frie, g looked with dstrust upon his govern
mer: of the district, surely this ought to
ava en- in phiantrophic mind doubts OF
his course.
Gov. E. NJ. Peasc, of Texas, On January
Ii, 1868, wrote of the order
'If Gen Hancock remains in command at
New Orleans and carries out his order No.
40, according to its apparent intent, there are
some portions of the State in which the rebels
will not permit the freedmen tc-voie, and
fear that convention will thus be de-
feated
The registrars created under the acts of
Congress TO supervise the first elections
formulated a series of questions TO voters as
to their conduct during the war, and re-
auiring of them the taking of the oaths OF
LOYALTY previous to voting. On the llth OF
January, 1868, Gen. Hancock announced
that he could not agree with the construc-
tiop the board of military registrars put upon
the reconstruction acts, but he admitted the
board was created by law and he was pow
erlcss to interfere with the manner in which
they discharged their duties.
But he did, SO far as was in his power,
nullify the acts. While repeatedly eXtoll-
ing the civil power ard declaring that not
only was there peace, but that the military
should not interfere in purely civil matters,
vet on the 5th of February, 1868, without
any direction of his superior officers, with
no compulsion pressing upon him, he did, by
military order. remove William Baker, street
commissioner of New Orleans, civil officer,
from his office and appointed by another
military order George ID. Field in his place.
Two davs after this he removed from office
three members of the Board of Aldermen and
five members of the Board of Assistant AL
dermen by another military order. The cause
alleged was ''for contempt of orders from
these Headquarters" and then he appointed
other Aldermen and assistant Aldermen IN
their stead, without any warrant OF neces-
sity or direction either from the President or
his superior officer.
On the following day Gen. Grant who was
then in command of the army directed that
this order be suspended. On receipt OF this,
Gen. Hancock appealed TO him to withdraw
the order. because he said it will destroy
INV usefulness" in New Orleans.
On the first of January, 1865, he wrote ::
The major-gercral commanding takes oc-
casion to repeat that while he dsclalms
judicial functions. he can suffer no forcible
resistance TO the execution of the process
of the courts" And on the following
dav. b. F. Flanders having resigned as
Governor. Gen. Hancock declared that ''Nlr.
Joshua Baker is hereby appointed TO I'LL his
place" Ills civil administration OF Louisiana
and Texas gave great offence at the time TO
the loyal people of the North. 1t was con-
ceded that Gen Hancock was brave and
loyal, but it was alleged that he Eao been
educated out of sympathy with the people,
and the influence of his administration was
cast in favor of the men who had shortly be-
( fore laid down their arms 10 aid them so far
as he could in preserving their old ascen-
dancy The records Of the times show more
than one instance where he declined on the
plea of subordlnation to the civil authority to
use the power in his hands TO protect the
blacks and few loyal whites. and sh orlly al
Ter set aside or suppressed the civil authority
/ for the benefit of the master class.