Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-08-23
A MATTER OF HISTORY.
General Hancock's Support Of Civil Law
Made Q Crime oy Garfield.

A MATTER OF HISTORY.
General Hancock's Support Of Civil Law
Made Crime oy Garfield.
In January, 1868, Andrew johnson
was President, U. S. Grant was General
oi the Army, and Winfield 5. Hancock
was Major-General in command oil
louisiana and Texas.
November %, 1867, Hancock assumed
command, and issued his famous Order
No 40. Ii contained these words:
"When insurrectionary force has
been overthrown and peace established.
and the civil authorities are ready ard
willing to perform their duties, the mil.
iiary power should cease to lead, and
the civil administration resume It's
natural and rightiul dominion. Solemn
ly impressed with these views, the Gen
eral announces that the great principles
of American liberty are still the lawful
inheritance OF this people, and ever
should be. The right OF trial by jury.
the habeas corpus, the liberty oil the
press, the freedom OF speech, the natur-
al rights of persons, and the rights oil
property must be preserved
From the Congressional G'obS, January
l3, 1865, page 4S9:
Mr. Garfield ask unanimous con-
sent to offer tor consideration and action
a bill To reduce and improve the mill
tary establishment by discharging one
Major General.
The bill was read. 1t provides that
the army OF the United States shall be
reduced by the discharge from military
service OF the Major General, who was
the last commissioned i'm that grade be-.
fore January, 1865, to take effect from
its passage. 80 there shall be but four
Major Generals in the Army.
Mr. Garfeli-I hope the bill will be
allowed 10 come in, and then We can act
on it in the morning.
Obi j.ction was made, and Mr.. Garfield
said he would bring it up the first thing
on Monday next.
Major-General Winfield s. Hancock
was commissioned Major-General on
July %, 1866, and he was the last per-
son commissioned in that grade before
January, 1868.
Thus We see that within six weeks al
ter IIanc OK issued his order, No. 40,
CART, Id, being at the time chairman OF
the Military Committee, moved a bill to
remove him from ffice. This was not
to retire nor to pension him, but to pun
ish him.
The bill was not heard OF again, but
House Bill No. 439 came from the Com.
mittee on Reconstruction on that day
January l3, 1869, through Mr.. Bing-
ham.
That bill contained the following Sec
tons:
The following sections are ., 3 and 5
OF House Bill No. 439:
SEC. .. Ind BE- IL further enacted, That
for the speedy enforcement OF the act
entitled IAN act to provide for the more
efficient government OF the rebel
States" passed March 2, 1857, and the
several acts supplementary thereto, the
General OF the Army OF the United
States Is hereby authorized and required
TO enioin by special orders upon all ofii.
GERS in command within the several
military departments within said several
States. the performance OF all acts au.
thorzed by said several laws above re-
cited, nj remove, at his discre-
ton, by his order, from com.
mand any or all OF said COM
manders, and detail other officers OF the
United States Army, not below the rank
OF colonel, to perform all the duties and
exercise all the powers authorized by
said several acts, to the eGd tnat the
people OF sail several States may speed
ily reOrganize evil governments, Repub.
lcan in form, i'm said several States, and
he restored to political power in the
Union.
SAC. 3. And be Il further enacted. That
the General OF the Army may remove
anv or all civil officers now &C; ing under
the several provisional governments
within said several disorganized States,
and appoint others To discharge the
duties pertaining 10 their respective Of
tices, aud may do any and all acts which
bv said several laws above mentioned
are authorized to be done by the several
commanders OF the military departments
within said States; and 30 much OF said
acts, or OF any act, as authorizes the
President TO detail the military CON-
manders to said military departments,
or TO remove any officers who may be
detailed as herein provided, is hereby
repealed.
Tie 5th section made any interfer.
ence by force with the orders Of the
General Of the Army (Grant), or any
refusal or neglect to carry out the statute,
high misdemeanor, punishable by
$, 900 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 it empowered General
Grant to remove Hancock ii he obeyed
johnson and not Grant. It also gave
the General Of the Army full power to
do everything he saw Dit to do in each
OF the military departments without any
control OF the President.
Its real onim,s was the effort OF Gar
field, and those who acted with him, to
subordinate the civil to the military