The home journal. (Winchester, Tenn.) 1858-188?, 1880-07-22

Parish of Orleans, they being charged
with appropriating to their own use,
public funds, General Hancock reiter-
ated the principle hat these were matters
pertaining to the civil administration,
and should be solely dealt with by the
courts.
A DISCUSSION ON CONSTITUTIONAL GOVERN
MENT.
Governor Pease, of Texas, provis-
ional Governor, took exception to this
order; declared that Hancock had power
to punish offenders, either by military
commissions or civil tribunals, as he
should deem best; that the people were
still in rebellion, and regarded the re-
construction legislation Of Congress as
unconstitutional, and the emancipation
of their slaves and their own disfranchise-
ment MS an insult and an oppression. He
demanded that General Hancock should
set aside local tribunals and enforce pen
alties by military commission.
But the soldier replied to the civilian
immediately and directly.
He pointed out the option given him
| by the Reconstruction act, to govern by
the local civil tribunals, if in his judg-
ment he thought best. The act, there
fore. recognized those local civil tribu-
nails as legal authorities for the purpose
specified.
He showed that such matters as the
disaffection or respect or hatred OF the
people, so long as not developed into VIC
lation of the law, were matters beyond
the power of human tribunals, and that
freedom of thought and speech, though
acrimonious, was consistent with human
welfare. What the people of Texas
thought of the constitutionality or I'M
constitutionality of acts of Congress, had
nothing to do with the manner in which
they should be ruled.
He declared that, at the expiration OF
two years after the close of the war, 1t
was time to remember that the American
people should be freemen and that it was
time to tolerate free popular discussion,
and to extend forbearance and considera-
ton to opposing views. =,
He showed that to deny profound
state of peace in Texas necessitated like
denial in regard to any State in the
Union where differences Of opinion ex-
listed between majorities and minorities,
and that, if difficulties in enforcing
criminal laws in Texas authorized the
setting aside of the local tribunals and
the setting up of the arbitrary COM
missions, they would warrant them that
in every State of the Union where it is
true that sheriffs fail often to arrest,
where grand juries will not always indict,
where petit jurors have acquitted per
sons who were guilty and were prisoners
charged with otfenses haye broken Jail
and escaped Such reasons for estab-
fishing military commission would wipe
civil government and law and liberty
from the face of the earth.
He showed with clearness that if he
set aside the laws enacted for the people
of the States lately i'll rebellion, whicl
laws were not in conflict with the Con
stitution and acts of Congress, there
would no longer exist any rights of per
son and property, and he demonstrated
the absurdity of military commission
to establish wills, deeds, SUGGESTIONS, OF
to settle any of the thousand questions
which arise between men, for the
solution of which laws and courts were
established and for dealing with which
! military commissions were utterly i'll.
capable.
He finally showed from the statistics
that neither crime nor disloyal oflenses
we're on the increase under the operation
of "Order No. 40" but the contrary was
expressly true.
During his entire administration of this
great and embarrassing trust, all his
official acts were based on the principle
enunciated by him, that 1.-The right OF
trial by jury, the habcos corpus, the
liberty of the press, the freedom OF
speech, the natural rights of persons and
all rights of property, should be pre-
served.
HIS REMOVAL.
It was determined at Washington to
remove him for refusing to carry out the
policy OF the Republican majority III
Congress. The General of the Army
Grant was given unusual powers, ex'
ceeding those of the President, i'll re-
gard to the administration Of the mill
tary governments of the South. Gen.
Hancock's direction of affairs was pur'
poscly interfered with in manner tc
humiliate him, and the President, who
had hitherto supported was unable tc
protect him. In letter to friend III
Congress- announcing that the time bad
come when he had to choose between
obedience to what he regarded rs wrong,
or resignation, he closed with the noble
sentiment: Nothing can intimidate me
from doing what believe to be honest
and right" On the 9th of February
1868, he applied to be relieved from hi
command and was shortly afterward as
signed to the command Of the Militar,
Division of the Atlantic, where, will
the exception of three years in comman,
of the division of Dakota, he has sine
remained He WAS regarded as prom
inent and available candidate for tn
Presidency in the National Convention a
New York, in 1868, and at Baltimore il
1872, and he was rendered the nomina
ton for Governor Of his native State
which honor he declined.
His intercourse with his subordinate
is one of the secrets of his success
Courteous, kindly, inspiring their conf
dence, encouraging their self-respect, HI
attached them to himself, and stimu
lated all their good qualities. But hi
reproof was dreaded and his require
ments severe. But he was equally dis
ting,ished for his loyalty and subordi
nation to his superiors. Gen. "Baldy
Smith said to him: "He was the mos
loyal subordinate I ever knew. He al
ways tried to carry out his orders in thei
spirit as well as to the letter and whatever
he might think Of them. When he re
ceived them they became his own and
part and parcel Of himself.
He was married in 1850 to Miss Rus
sell, the daughter of prominent mer
chant in st. Louis.
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