Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1880-08-06
HANCOCK VS.. CIVIL LAW,
TramplIng It Down at the Rebels
Demand and Gen. Grant
Rebukes Him.
En- m mous Laws for south er rn BlR elk
which Northern buborers will
DO Well TO Hem ember, etc.
[Chss. Eaton In Evening Besl

DO Well TO Remember, etc.
[Chas. Eaton In Evening Besl
ED BEE: Gen. Hancock said, in his
order No. 40, on taking command OF the
9th military district - Louisiana and
Texas--t that
"When insurrectionnry force has been
overthruwn and peace established, and the
civil authorities are ready and willing to
perform their duties, the military power
should cease to lead and the civil admin.
islration resume its natural and righllul
dominion"
The reason assigned by him for thus
indicating his purpose TO subordinate mil
itary authority to civil law, was that
"peace and quiet reigned in this (his) de-
p,rtment. "The adverse opinions of his
brother generols, Reynolds, Howard,
Pope, Sheridan and Thomas quoted in
my first letter, on this subject, showed
couclusively that "peace and quiet" did
not prevail and that bis disregard OF the
appeals OF the loyal people, black and
white, for protection was in deliberate
violation OF the reconstruction laws Of
Congress and UNANIMOUSLY heartleas. A
part of the purpose OF this letter is to
show that Gen. Hancock's real policy was
to not stop the military power" in ils
"lead" but to serve the rebels in all their
demands except the right of property in
their slaves, and that TO succeed in this
he was ready to exercise extreme military
power or remain inactive as would be
most effective.
STREET COMMISSIONER.
The city OF New Orleans had at this
time officers known as street commissioner
and recorders. The duties of the former
were similar to those of the Telodo Street
Commissioner, while those of the latter
officers--there being more than one of
them with jurisdiction over given dis
tricts-were similar TO those of our police
court judge and justices OF the peace.
One William Baker was the street com
rioner and, unfortunately for him, lie was
Republican, and held the unimportant
Office of treasurer OF the Republican State
Central Committee. There being n deter.
mination to get rid of leading Republi-
cans the counselors OF Gen. Hancock
trumped up charges OF malfeasance
| against him and urged Hancock to re-
move him. Knowing that another Re-
| publican would be put in his place If the
civil administration resumed its natural
and rightful dominion" Hancock hastily
interposed his military power" by APP
pointing Geo. D. Field, a plant tool, to
ill his place. This overridal OF the civil
law was perpetrated on February 5th, and
the matter was reported to Gen. Grant,
Commander Of the Army, who on investi-
eating the case, ordered Hancock to re-
woke his order which was done on March
5th, and Baker was reinstoted
THE RECORDER
for the Second District, was one Arthur
GHstinel, who was less than thirty years
OF age when elected, while the law re-
quired HIM to be Of that age. In the
meantime the Legislature. .removed his
disa abilities and at Il called meeting OF
the Council motion was made by one
Joubert to proceed to re-elect this person
Recorder. There being no quorum the
effort failed though nine members oI
the joint boards of Aldermen and Coun.
cilmen favored the action. For this
movement and nothing more, the Rebel.
got Hancock TO interfere and remove
those nine "civIl authorities" Promptly
he complied, and the order OF removal wa,
issued, not on the ground that there had
been breach of the ctUil law, but on the
ground OF contempt OF "nlilitdrl
ordprp But the grand and great chief
tain, Gen. Grant, came TO the rescue ano
reinstated the Aldermen. Gen. Grant
official reasons can be found on page 229
vol. l, OF the Report of the Secretary o.
War for 1869. The following quota
tions from them cover the whole case;
The Office of Recorder of the city o
New Orleans is elective by the people, bu
in case of vacancy it is made the dat
by law of the Boards of Aldermen ant
Assistant Aldermen in joint meeting t,
elect, riUd poce, person TO fill the vacancy
The Office of Recorder OF the Second Dis
trict OF New Orleans WIS by the Suprem
Court of Louisiana ndjudged vacant, ant
the city OF New Orleans was ordered 10 b
notified to proceed according 10 idW 10 elect
Recorder lor said district, which judg
ment was made final January 20, 1865
In pursuance Of this order of the Court III
Boards Of Aldermen and Assistant Alder
|
of February, 1868, TO elect Recorder 70
said Second District.
"Section OF this act, as well as th
original reconstruction act OF March
1867, recognized the right of the Stat
and municipal authorities to appoint anC
elect officers under certain restriction
and limitations; bat the exercise of thi
/ right is subject to the authority Of th
Distrirt Commander
"And otter you assumed command th
Office OF City Attorney was filled unde
the same authority and in the same manner
, No exception was taken in any case b
any of the district commanders to sue
action"
"On assuming command of the distrit
YOU announced in your order No. 4l
November 29lh, 1867, that it was you
, purpose to preserve peace and quiet i
your command and that Rs means t
tins great end you regarded the maintt
nance of the civil authorities in the fniIl
fnl execution OF the laws az the MOI
e efficient under existing circumstances
Z also TINT when the civil authorities al
! ready and willing TO perform their dutiC
, the military power should ce .se to lea
and the civil administration r sumo i
J natural and right(ul dominion. UndC
e this statement of facts, the City Council ,
New Orlenns might reasonably hare pr
surned IL 10 be their right and duty, especi"l
: so under the orders OF the court and you
1 order No. 40.
"Suid special order removing the aide
O men and assistant aldermen therei
named, and appointing others in the
stead, is hereby disapproved and r.
i voked.
|
/ "You will please carry this order inI
/ effect.
= By command of Gen Grant.
: John A. RAwLINs,
n "Brevet Major General and Chief
staff"
!, NO "NIGGER" JURORS.
!, When Hancock took command Il
: United States Courts in his district la
y the names of black men on their ven ir
g aud jury panels, and no United Stat
Judge or Attorney General ever mac
any complaint that the black jurors we