The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1880-06-25


government. He declared that the people Of
Texas regarded the reconstruction legislation
OF congress as unconstitutional, the provi-
sional government usurpation, and the
emancipation Of their slaves and their own
Acknowledgement as insult and oppression.
For this aud similar reasons Governor Pease
demanded that General Hancock set aside the
local tribunals, and enforce penalties by mill
tsry commissions,
1t was indeed spectacle worth observing
to see this chief executive of Texas thus argu-
ing as only despots and absolute rulers argue
and act, and to see this gallant soldier, un-
used to the administration and study Of civil
codes and constitutions, maintaining the civil
and natural rights of the people Of Texas,
even though they had been IN armed rebellion
to the United States.
General Hancock lost no time in moving
on the logical works of Governor Pease. He
went at him with directness which was
soldierly and admirable.
He pointed out the option given him by
the reconstruction act, to govern by the local
civil tribunals, if in his judgment he thought
best The act, therefore, recognized those
local civil tribunals as legal authorities for
the purpose specified.
He showed that sIch matters as the sftec-
ton or respect or hatre, Of the people, so
long as not developed into violation of law,
were matters beyond the power Of human
tribunals, and that freedom of thought and
speech, though acrimonious, was consistent
with human welfare. What the people of
Texas thought of the conStitutionallty or I'M
constitutonality of acts of Congress has
70 L.,
should be ruled.
He declared that, at the expiration of two
years after the close of the war, it was time to
remember that it was proposed that the
American people should be freemen and that
it was time to tolerate free popular discus
sion, and to extend forbearsnce and conside-
ration to opposing views.
He showed that to deny profound state
of peace in Texas neCessitated a like denial
in regard to any state in the Union where
differences of opinion exist between MAORI
ties and minorities, and that, if difficulties in
enforcing criminal laws in Texas authorized
the setting aside of the local tribunals and
the setting up of arbitrary military commits
sions, they would warrant them in every
state in the Union where it is true that sheritl3
fail often to arrest, where grand jurors will
not always indict, where petit jurors have ac-
quilted persons who were guilty, md where
prisoners charged with oheuses have broken
Jail and escaped. Such reasons for estab-
fishing military commissions would wipecivil
government and law and liberty from the
face of the earth.
Ho showed with clearness that if he set
aside the laws enacted for the people OF the
states late in rebellion, which laws were not
in conflict with the constitution and acts of
congress, there would no longer exist any
rights of person and property, and he demon
strated the absurdity of a military commits
sion to establish wills, deeds, SUGGESTIONS, or
to settle any of the thousand questions which
arise between men, for the solution of which
laws and courts were established and for
dealing with which military commissions
were utterly incapable.
He finally showed from the statutes that
neither crime nor di3loyal ohenses were on
the increase under the operation Of "Order
No. 40, " but that the contrary was expressly
true.
Such ISIS synopsis of the argument used
by the unassuming soldier upholding the
cause of the liberty of the people against m
unscrupuloas and powerful demagogue, who
for his own INSCRIPTIONS purposes sought to
overthrow them. 1t is needless to say that
''order No. 40" was never repealed while
General Hancock remained in command of
the fifth military district. During his entire
administration of this great and embarrassing
trust all his official acts were based on the
principle enunciated by him, that "The right
of trial by jury, the habeas corpus, the lib.
erty of the press, the freedom of speech, the
natural rights of persons and the rights Of
property should be. preserved" Although
placed at the head of one Of the military des-
potisms into which congress, on the suppose
ton that the people of the South had for
feited all civil rights and constitutional liber-
ties, had divided the South, and although in-
vested with powers bounded only by his own
discretion and sense of justice, he admins
tered this great trust in manner that might
have been expected from one whose life had
been devoted to expounding the constitution
and the la VS. like true citizen Of the great
republic, like statesman and patriot, high
minded and WISE
FORCED BY GRANT AND THE RADICALS To
RETIRE.
II is we'll known that General Hancock re-
NAMED in command Of the fifth military dis
trict only about six months and that it was
at his own request that he was relieved. To
those who admired his principles and his
methods, who recognized their beneficial
effect, and who realized the greatness of the
field for their application in the South, it was
mystery that he did not continue longer in
the performance of duties for which he
showed himselfso admirably fitted. The fact
simply was that his administration interfered
with the plans which politicians had laid for
political purposes. His method of recon-
struCtion was not theirs. Hancock's method
would have left the power of local govern
ment in the hands of the people of the
Southern states, and this was not the plan of
the ruling majority at Washington. 1t was
determined to get rid Of an officer who had
such tender scruples regarding laws and the
rights of men,
The general of the army was given unu-
sual powers, exceeding those OF the pres-
dent, in regard to the administration of the
military governments Of the South. General
Hancock direction of affairs was, purposely,
interiered with in q manner to humilate
him. and the president, who had hitherto
supported, WAS unable to protect him. In q
letter TO friend in congress, announcing that
the time had come when he had to choose be-
tween obedience to what he regarded ms
wrong, or resignation. he closed with the
noble sentiment Nothing can intimidate
me from what l believe to be honest and
right" On the 9th of February, 1868, he
applied to be relieved from his command,
and was shortly afterward assigned to the
command of the Atlantic whera With the