The Sunday herald. [volume] (Washington [D.C.]) 1866-1887, 1880-03-21


military Interference. In December he issued
order prohibiting military Interference with the cleo
lions unless when necessary TO keep the peace at the
polls being contrary TO law. and he ordered that
soldier be allowed to appear at any polling place |
unless citizens OF the STATE registered voters and
for the purpose OF voting; but ho ordered further that
the commanders of posts act promptly In preserving
the peace In the civil authorities failed to do so.
Men Interested In civil controversies In great numbers
applied at the Generals headquarters for interference,
assuming his part both the arbitrary power TO in
terferc and the willingness to do so. General Han
cock, by general order, again announced that the
administration OF civil Justice pertaned only to the
regular courts and that the rights of the gants did
depend his views to the merits of their cases.
Having been appealed TO by the Governor OF the State
to remove from ofce the President and members Of
the Police Jury OF the Parish Of orleans. they being
charged with appropriatlng to their own use public
funds, General Hancock reiterated the principle that
these matters pertaining to the civil administra
ton and should be solely dealt with by the courts
---------------------------
vlII.-Controvcrsy with Governor
Pease- m Maintaining the Rights Of Ex.
Rebels 10 Trial Nv Jury, Habcas
Corpus, Liberty of Speech ana Press,
Freedom of Person and Possession OF
Property.
II was In General Hancock discussion with Gov
Peasc, Of Texas, In regard to these very princ
pies, that the evidences OF the qualihcatonsof great
civil ruler and statesman were most clearly displayed
Governor Pease was not an executive elected by the
people, lie had been appointed by the military power
of the Federal Government Shortly after this ON
cal came into ofce all of the Judges OF the Supreme
Court of Texas, Ave In number, and twelve out Of
seventeen Of the District Judges arbitrarily
moved from ONCE, and others, whom this Junction.
ad N hall pIare. N all
dltion 10 this, the county officers In seventyve out
of the one hundred aud twenty-eght counties were
removed. and Others appointed In their places. BY
arbitrary order but persons capable OF taking
the test OATH and registered rs such were allowed to
Jurors. Such had been the state Of affairs In
Texas when General Hancock became the equally
irresponsible, almost autocrac military ruler Of both
States. No people but defeated and exhausted by
long and bloody would havc endured such out
RACES. Such arbitrary acts Of themselves would
have been SUFFICIENT, under ordinary circumstances
have deuged any state in blood. Butthe oppressed
ex- rebels proudly endured the wrong In silence.
This wrong General Hancock, as as he took
command, aimed to repair, and his FIRST step in this
/ direction the PRONUNCIATION Of the famous Gen
| eral Order No. 4o' to which reference has been
made, declaring that the people OF Texas should pos
sess, untrammeled, the rights OF the common law and
the Constitution trial by jury, hobeas corpus the
liberty of the press freedom of speech, and the nat
raj rights OF persons and property. To this order
Governor Pease took exception and sent TO the press
| an open letter addressed to General Hancock, In
which he criticised with great severity the action Of
the latter in issuing the ORDER He cited the act OF
Congress providing ''for the efficient govern
ment of the Southern States ~ which made the gov
eminent of Texas provisional, and a part OF the
Fifth Military District, subject to military law. He
affirmed that the President had put Hancock in
mand of military force to protect the rights Of prop
erty and person. suppress instruction and violence
| and TO punish offenders either by military commits
sions by the local civil tribunals to his Judgment
might seem best. He declared further that there
were practically no local civil tribunals; that 1t was
not true, as was alleged in "order No. 4O;'' tint
there longer any organized resistance to the
authority of the United states but that the
trary large majority of the white population who
participated in the late rebellion embittered
against the Government, yielding only unwilling
obedience, having affection and but little respect
for the Government He declared that the people Of
Texas regarded the reconstruction legislation OF Con-
gress unconstitutional the Provisional Govern.
ment usurpation, and the emancipation OF theiI
slaves and their Acknowledgement insult anc
oppression. For this and similar Governor
Pease demanded that General Hancock set aside the
local tribunals, and enforce penalties by military
| commissions.
1t was indeed a spectacle worth observing to SEQ th
Chief Executive of Texas thus arguing only despot
and absolute rulers argue and act and to this gal
liant soldier unused to the administration and stud,
of civil codes and constitutions, maintaining the civi
natural rights OF the people OF Texas though
; they had been In armed rebellion to tho Unitet
States.
General Hancock lost no time In moving tin
, logical works OF Governor Pease. lie went at hin
with directness which soliierIy and admirable
lie pointed out the option given him by the Recon
strucion Act, to govern by the local civil tribunals
in his judgment he thought best. The act therefore
recognized those local civil tribunals legal authori
, ties for tho purpose specified.
He showed that such matters the affection re
spect hatred of the people, long not develope
iuto violation Of law, matters beyond the powe
OF human tribunals, and that freedom of thought
g | speech, though acrimonious, consistent wit
o human welfare. What the people Of Texas thought O
A the consttutionalty unconstutionality Of acts
Congress has nothing to do with the In whic
a | they should be ruled.
n He declared that, at the expiration OF two yeal
after tho close OF the war; II was time to remembe
that It proposed that the American people shout
be freemen and that time to tolerate free popu
M discussion, and to extend forbearance and conside
r ration to opposing views.
It lie showed that to deny profound state Of pea'
a In Texas nccessitaed like denial In regard to an
State In the Union where differences Of opinion exi
- between majories and minorities, and that, IL diff
cuies In enforcing criminal laws In Texas authorize
the setting aside OF the local tribunals and the settn
up Of arbitrary military commissions they would wa
Them In every State of the Union where 1t is tr,
that sherifs fail often to arrest, where grand juro
l. will not always indct, where petit 1uries have
N quilted persons who We're guilty, and where prisone
| a0a t,r,L ta anil