Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1880-09-02
READ THE RECORD.

of Louisiana and texas.
Nov. 30, 1867, Hancock assumed
command and issued his famous Or
der No. 40. 1t contained. these words :
"When insurrectionary force has
been overthrow 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 administration resume it's
natural and rightful dominion. Sol.
emnly impressed with these views, the
General announces that the great prin.
ciples 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 OF
the press, the freedom of speech, the
natural rights Of persons, and the rights
of property must be preserved"
From the Congressional Globe, Jan
uary 13, 1868, page 4S9:
Mr.. GARFIELD. ask unanimous con.
sent to offer for consideration and
action bill to reduce and improve the
military establishment by discharging
one Msjor.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 in that
grade before January, 1868, to take
effect from its passage, so 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
thing on Monday next.
Major-G General Winfield S. Hancock
was commissioned Major-General on
July 26, 1865, and he was the last
person commissioned in that grade be-
fore January, 1868.
Thus we see that within six weeks
after Hancock issued his order, No. 40,
Garfield, being at that time chairman
of the Military Committee, moved a
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 13, 1869, through
Mr.. Bingham.
The bill containtd d the following sec
tions:
The following are sections 2, 3 and
8 of House Bill No. 439:
Sac. 2. And be Il further enacted. That
for the speedy enforcement Of tho act
entitled " Aa act to provide for the
more efficient government OF the rebel
States" passed March second. eighteen
hundred and sixty.seven, and the sew.
eral acts supplementary thereto, the
General of the Army Of the United
States is hereby authorized and required
TO enjoin by special orders upon all
officers in command within the several
military departments within said sever
al States. the performance OF all acts
authorized by said several laws above
recited, at his discretion. by his order
from command 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 au.
thorized by said several acts, 10 the end
that the people OF said several States
may speedily reorganize civil govern.
ments, Republican in form. in said
several States, and be restored to polit.
ical power in the Union.
Sac. 3. And be Il further enacted, That
the General of the Army may remove
any or all civil officers now acting un.
der the several provisional govern
ments within said several disorganized
States, and appoint others to discharge
the duties pertaining 10 their respective
Offices, and may do any and all acts
which by said several laws above men.
toned are authorized 10 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 10 detail the
military commanders 10 said military
departments, or to remove any officers
who may be detailed as herein provided,
is hereby repealed.
The 9th 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, punish
able by $4,000 fine and two years i'm
prisonment.
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 If he obey
ed johnson and not Grant Il also
gave the General of the Army full
power to do everything he saw fit to
in each of the Military Departments
without any control of the President.
Its real aaimus was the effort Of
Garfield, and those who acted with
him, to subordinate the civil to the
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