The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1880-07-16
HANCOCK,S CRAFTSMANSHIP.
A Criticism by the Late senator Nor.
tom Of HIS Career I'm Louisiana.

Soldiers and Sailors union ut Washing
ton, ID. c., ON the evening of January
6, 1863, he spoke as follows of the order
of Gen. Hancock, known as Order No.
40, which, now as then, receives the APP
plause of those who fought to destroy
the Union and afterwards sought to de-
feat the constitutional amendments and
all measures for the security of Union
men in the south:
The elevation Of the rebel soldier will follow
the elevation OF the Democratic party TO power
AZ sure az noon will follow the rising sun; and
if you would comprehend what would then be
the condition of the Union soldier, look TO his
present status in the Democratic states Of Ken
lucky and Maryland. In these states he IL to-
day an outcast from society He il prescribed
socially M imfexibly AZ though he had been an
scribed in his business. II farmer, his neigh
bors will not help him; il q merchant. they will
not buy his goods; il u lawyer or doctor they
will not employ him; and his home has become
more cruel than foreign land, and he must go
into exile for the crime Of having been faithful
| to his country.
The military policy to DO hereafter pursued in
| the matter Of reconstruction il clearly indicated
! in the order promulgated by Gen. Hancock in
assuming command OF the Fifth Military dis
trict, ana AZ il has been presented by the presi-
| ucnt 10 congress- 1Of us hunllrutlOn III IL Iulf
subject for criticism aad remark; and for fear
that it may bc said that have misrepresented
| the order or done it I'M ustice, / will ask my
friend to read the whole Of il in your hearing.
HEADQUARTERS FIFTH MILITARY DISTRICT,
NEW ORLEANS, La, Nov. 20, 1867. !
General order No. 40.
| !. In accordance with General Order No. II,
Headquarters Of the Army, Adjutant Generals
Office, Washington, ID. C., August q, 1867,
| Mai. Gen. w. y. Hancock hereby assumes COM
mand Of the Fifth Military district, and of the
department composed OF the states of Louisiana
and Texas.
H. The general commanding il gratiied to
learn that peace and quiet reign in this depart
ment. II will be his purpose to preserve this
condition of things. Az n means to this great
end he regards the maintenance Of the civil au-
thorities in the faithful execution of the laws IN
the most efficient under existing circumstances.
| In war ii IL Indispensable to repel force by
force, and overthrow and destroy opposition to
lawful authority. But when msurrectiOnary
force has been 0verthrOwn. and peace estab-
lished, and tie civil authorities are ready and
willing to perform their duties, the military
power should cease to lead, and the civil add
minstration resume its natural and rightful
dominion. SOlemnly impressed with these
views, the general announces that the great
principles of American liberty still are the law
ful inheritance Of this people, and ever should
be. The right of trial by jury, the habeas cor
| plS, inc nLefty Oh inc press, Tue Heeuom Oh
speech, and the natural rights OF persons and
the rights of property must be preserved.
Free institutions, while they are essential to
the prosperity and happiness OF the people, al
ways furnish the strongest inducements TO peace
and order Crimes and otfcnses committed in
this district must be referred to the considera-
ton and Judgment of the regular civil tribunals,
and those tribunals will be supported in their
lawful jurisdiction. Should there be violations
Of existing laws which are not inquired into by
the civil magistrates, or should failures in the
administration of justice by the courts be conf
planned Of, the cases will be reported ut these
headquarters, when such orders VIII be made AZ
may be deemed necessary.
While the general thus indicates his pur-
pose to respect the liberties OF the people, he
wishes all to understand that armed insurrec-
tons or fOlcible resistance to the law will be i'll
stantly suppressed by arms.
BY command of Mai .-Gen. W. 3. Hancock.
This order is like the apples of the Dead Sea,
(which are fair to the eye, but turn to ashes on
the lip The first thing noticeable in il is that
il makes no reference to the work of reconstruc-
ton or the business for which he was placed in
command of the district. The position to which
he was appointed was created by an act of con-
gress, to enable him to manage the machinery
of reconstruction for the states of Louisiana and
Texas, and his duties are prescribed by law; but
in his Introductory order he makes no mention
of this business, and seems to contemplate pur-
| flOStllc I'D IL. WuS HOJ lSuOIdlI VI HIS
business, nor did he forget it, and his omission
to refer To it is significant of his purpose to de-
feat it.
The body of the order is devoted to the en-
phatic recognition OF the legality aud binding
authority OF the existing state governments, III
defiance and contem IT Of the declarations of
congress-, set forth i'll the several acts of re-
construction.
These acts of congress are predicattd upon
the idea that the existing state governments are
illegal, unauthorized, and have no rghtful au-
thOrity whatever to control the people; and to
show how strongly and frequently this is put, l
will quote as follows:
The preamble of the first act, passed March 2,
1867. reads thus:
"Whereas, No legal state governments or
adequate protection for life or property now ex-
lists in the Rebel states of Virginia, North Caro-
Ina, south Carolina, Georgia, Mississippi, Ala
bama, Louisiana, Florida, Texas, and Arkan.
sas; and, whereas, it is necessary that peace
and good order should be enforced in said
states until loyal and republican state govern
ments can be legally established"
in these words:
"That until the people Of the said rebel states
shall BE- by law admitted to representation in the
congress of the United States, any civil govern
ments which may exist therein shall be deemed
provisional only; and i'll all respects subject to
the paramount authority Of the United States
at any time to abolish, modify, control, or SUI
persede the same; and in all elections to any
Office under such provisional governments all
persons shall be entitled to vote, and none
others, who are entitled to vote under the pro-
visions Of the fifth section of this act; and no
person shall be eligible to any Office under such
provisional governments who would be dis
qualified from holding Office under the provis-
ions of the third article of said constitutional
amendment"
Then, again, the first section of the supple.
mentary act, passed July 8, 1867, is III these
words:
"That it is hereby declared to have been the
true intent and meaning of the act of hesecond
day Of March, one thousand eight hundred and
sixty-seven, entitled, An act to provide for the
more efficient government OF the rebel states
and OF the act supplementary thereto passed Oh
the twenty third day Of March, in the year one
thousand eight hundred and Sixty-seyen, that
the governments then existing in the rebel states
of Virginia, North Carolina, South Carolina
Georgia, Mississippi, Alabama, Louisiana,
Florida, Texas and Arkansas, were not legal
state governments aud that thereafter said gov
ernments, il continued, were to be continued,
subject in all respects to the military command
ers Of the respective districts and to the para
mount authority OF congress-"
These different sections declare in the most
positive terms that the existing state govern
ments are illegal and unauthorized; that they
do not furnish protection to life property,
and that they are made entirely subordinate to
the military authority, and whatever powers
they continue to exercise will b0 by consent of
the military commander. But Gen. Hancock,
in open contempt of these declarations, asserts
that the civil authorities do furnish adequate
protection TO life and property; that to preserve
peace and quiet il the object of his mission,
and that, AZ a means to this great end, he re-
CARDS the maintenance Of that civil authorities
in ths execution of the laws as the most efficient
means under the existing circumstances. He
says the war IL over, and the civil authorities
are ready and willing to perform their duties,
the military power should cease to lead, and
the civil administration resume its rghtful and
natural dominion.
Again, he says. pompOusly: "Solemnly inn
pressed with these views, the general an
nounees that the great principles OF American
liberty still are tho lawful inheritance Of this
people, and ever should be-" This il very
startling proposition, and quite AZ astonishing
as the news that "The Dutch have taken Hol-
land" Again he says: "Crimes and offenses
committed in this district must be referred to
the consideration and judgment Of the regular
civil tribunals, and those tribunals will be sup
ported IN their lawful jurisdiction" Here he
abiurcs the military power conferred upon him
by congress-, recognizes the supremacy OF the
bogus civil authorities, and declares that no
will support their tribunals in the exercise OF
their lawful jurisdiction. And this he says
standing upon ground in New Orleans yet moist
with this blood of nearly 200 men slaughtered in
the presence and by the continuance Of these
civil authorities while the tribunals which he
pledges himself to support have never brought
one of the murderers to justice.
If peace prevailed when he went there it was
because OF the bold and determined measures
Of Gems. Sheridan, Griffin and Mower, and not
from any merit Of these civil authorities which
he delights to honor, for IL il q notorious fact