Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-09-06
"Crimes and offenses must be referred to
the consideration and judgment of the reg
ular civil tribunals, and those tribunals Will
be supported in their lawful Jurisdiction"

v.
l1667--His Orders as Commanding General
A demand was made on Gen. Hancock for
the appointment of military commission
to try an alleged offender against the peace
of the State. The request came through his
own subordinate officer in command Of the
district of Texas. Gen. Hancock replied:
cat this time the country is in q state OF
profound peace. The State government of
Texas is in the free exercise of all its proper
powers. Under such circumstances there is
no good ground for the exercise of the ex-
traordinary power vested In the commander
to organize q military commission for the
trial of the person named"
vi.
"The supreme court Of the United States
held in the Milligan case all such commits
sions contrary 70 law in States not actually
in insurrection.
In that case, Judge David Davis uttered
the memorable words:
SIN war or in peace, the constitution is the
supreme law of the land"
VII.
Major General Mower, in command Of the
district of Louisiana, had issued an order re-
moving one O'Rourke from Office as clerk of
district court.
General Hancock set aside the order and
said: ''If any charges are set up against the
said O'Rourke the judicial department of
the government is sufficient to take what
ever action may be necessary in the pre-
mises."
Hancock's order to jurors.-"The CON-
| manding general has been officially informed
that the administration OF justice, and espe-
| cially of criminal justice in the courts, is
clogged, if not entirely frustrated by the en-
forcement of the military order relative to
the qualifications of persons to be placed on
the jury lists of the State of Louisiana.
The commanding general, in the discharge
of the trust reposed in him, will maintain
the just power Of the judiciary, and is un-.
willing to permit the civil authorities and
laws to be embarrassed by military inter-
ference. It is ordered that said paragraph,
which relates to the qualifications of persons
to be placed on the jury lists of the State of
Louisiana De, and the same is hereby re-
voked. Dec. 5, 1857"
TX
1876-In his letter to Gen. Sherman Gen.
Hancock says:
The army should have nothing to do with
the election or Inauguration of Presidents.
The Congress declares in q joint session who
heis. We of the army have only to obey
his mandates, and are protected in 80 doing
only so far as they may be lawful.
was not in favor of the military action
in South Carolina recently, and If Gen.
Ruger had telegraphed to me, or asked for
advice, would have advised him not, under
any circumstances, to allow himself or his
troops to determine who were the lawful
members of State legislature.
K.
1880-In his letter of acceptance General
Hancock says:
"No form of government, however care
+ fully devised-no principles, however sound
will protect the rights of the people unless its
administration is faithful and efficient. II Is
vital principle in our system that neither
fraud nor force must be allowed to subvert
the rights of the people. When fraud,
violence or Incompetence controls, the
noblest constitution and wisest laws are use
less.
The bayonet is not fit instrument for
collecting the votes for freemen. It is only
by full vote, full ballot. and far count
that the people can rule in fact, as required
by the theory of our government. Take this
foundation away, and tho whole structure
falls