Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1880-09-08
A TRICK I!
GARFIELD TRIES TO LEGISLATE
GEN. HANCOCK OUT OF OFFICE |
A Faithful Officer to be Removed
Because He 0beyed the Law
and would not Govern
with the Sword !
HANCOCk's SUPPORT or CIVIL
LAW MADE A CRIME
ny GARFIELD

In January, 1868, Andrew johnson
was President, U. S. Grant was Gen.
eral Of the Army, and Winfield S. Han.
cock was Major General in command
of Louisiana and TaXas.
November 18th, 1867, Hancock as.
sumed command and issued his famous
Order No. 40. 1t contained these
words:
"When insurrectionary has been
overthrown and peace established, and
the civil authorities arc ready and
willing to perform their duties, tho
military power should cease to lead,
and the civil administration resume its
natural and rightful dominion. Solemn.
ly impressed with these views, the
General announces that the great
principles Of American liberty are still
the lawful Inheritance of this people,
aud ever should be. The right OF trial
by, jury, tho habeas corpus, the liberty
OF the press, the freedom Of speech,
the natural rights Of persons, and the
rights Of property must be preserved"
From the Congressional Globe, Janu.
ary 18th, 1868, page 4S9:
Mr.. GARFIELD. ! ask unanimous
consent to offer for consideration and
action a bill to reduce and improve
the military establishment by discharg.
ing one Major General.
The bill was read. 1t tprovdcs that
the Army Of the United States shall
be reduced by the discharge from mill.
tary service of the Major General, who
waa tho last annrnisainnnd IN tho,
grade before January, 1868, to take
effect from its passage, so that there
shall be but four Major Generals in
the Army.
Mr.. GARFIELD. ] hope the bill
will be allowed to come in, and then
we can act on it in the morning.
Objection was made, and Mr.. Gar
field said he would bring it up the first
think on Monday next.
Major General Winfield s. Hancock
was commissed Major General on July
26th, 1866, and he was the last person
commissioned in that grade before
January, 1868.
Thus we see that within six weeks
after Hancock issued his Order, No.
40, Garfield, being at the time Chair
man of the Military Committee, moved
bill to remove HIM from office. This
was not to retire nor to pension him,
but to punish him.
This bill was not heard of again,
but House Bill, No. 439 came from the
Committee ON Reconstruction on that
day (January 18th, 1868 Gthrough Mr..
Bingham.
That bill contained the following
sections:
The following sections 2, 3 and 5 of
House Bill, No. 439
SEC. 2. And be il further enacted That for the
speedy enforcement OF the act entitled can act
to provide for the more efficient government Of
the rebel States" passed March second, eighteen
hundred and sixiy-sevon, and the several acts
supplementary thereto, the General Of the Army
Of the United States Is hereby authorized and re-
quired to enjoin by special orders upon all officers
in command within the several military depart
ments within said several States the performance
Of all acts authorized by said several laws above
reeited at his discretion, by bis order from com
mand any or all Of said commanders, and detail
other officers Of the United States Army, not be-
low the rank Of Colonel, to perform all the duties
and exercise all the powers authorized by said
several acts to the end that the people Of said
eral States may speedily TeorganiEe civil govern
ments, Republican in FORM In said several States,
and be restored to political power in the Union.
SIC. 3. Aud b u further enacted, That the
General Of the Army may remove any or all civil
officers now acting under The several provisional
governments within said several disorganized
States, and appoint Others TO discharge the du
ties pertaining 10 their respective Offices, and may
do any ard all acts which by said several laws
above mentioned are authorized TO be done by
the several commanders Of the military depart
ments within said STATES and so much Of said
acts, or Of any act, as authorizes the President
to detail the Military departments, or to remove
any officers who may bo detailed as herein pro-
vided, Is hereby repealed.
The 9th section made any interIer-
encc by force with the orders Of the
General of the Army (Grant) or any
refusal or neglect to carry out the
statute, high misdcmeanor, punish.
able by $4,000 fine and two years
Imprisonment,
This statute aimed at compelling
Hancock TO obey the orders of Grant,
the General, and not OF johnson, the
President and IL empowered General
Grant TO remove Hancock il he obeyed
Johnson and not Grant. 1t also gave
the General Of the Army power to do
everything he saw fit TO do in each OF
the Military Departments without any
control of the President.
Its real dnimus was the effort OF
Garfield, and those who acted with
him, to subordinate the civil TO the
military power in all the South, and to
remove Hancock because he recog.
nized the law as superior to tho sword
The bill was put upon passage, and
the Congressional Globe, Of January
2lst, 1868, contains the speech made
by James A. Garfield in its favor The
following extract from Mr.. Garfold's
speech explains why he supported the
bill;
| now como TO inquire why this
legislation is needed. IL is because
this Congress, in its work of restoring
to their places the States lately in ro
bellion, authorized tho President tc
assign tho officers Of the Army TO th,
duties prescribed in the law and The
President has made such use Of that
authority as to obstruct and delay the
restoration Of those States.
Mr., Speaker, ] will not repeat tb,
) long catalogue of distractions which
he has thrown in the way by virtue o
! the power conferred upon him in the
) reconstruction law of 1867, but will
5 allude 10 one oxamnlo yurur ur mas