The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-08-18
And here is what Mr. John w. Clam
pitt, Mrs. Surratt's counsel, states

As to the charge That General Hancock re-
fused to obey the writ of habeas corpus, sued
out by me- as the counsel of Mrs Suratt before
Judge W vile, | know tins to be wholly ground
less. The records of the Court show that on
the morning of the execution, upon proper APP
plicatiou. at the early hour OF O'clock judge
Wylie, with characteristic firmness issued the
writ of habeas corpus. ordering the command
ant of the military district in which she was
confined to produce the body OF Mrs. Surratt
In his court ut @ clock, tthe hour of execu-
ton having been named in the order as be-
tween 10 \. NJ, and clock p. NJ, of the same
day. This writ by me handed 10 the
Marshal OF the District of Columbia at a very
early hour in the morning. 1t IS fact sus
tanned by the records of he court that Gen
eral Hancock appeared in obedience to that
summons before His Honor Judge Wylie ac-
companied by the Attorney General of the Z nj
ted States, who, as the representative of the
President, presented 10 Judge Nyhe the fol-
lowing return, which was an executive order
suspending the wit OF habeas corpus, to-wit:
EXECUTIVE OFFICE, July :, 1860.
Il O'CLOCK A. M
To Major General W ). Hancock. Comd q, &C:
l. Andrew johnson. President of the United
States, do hereby declare that the writ OF ha-
beas corpus has been heretofore suspended in
SUCH cases as this, and do hereby especially
suspend thts writ and direct that you proceed
! to execute the ordef heretofore given upon the
judgement of the military commission, and
you will give this order in return to this writ
ANDREW Johnson, President.
1t is thus seen how false is the charge that
General Hancock refused to obey the writ is
sued By Judge Wylie The very reverse is the |
truth. Not only did he obey the writ SO far
as he permitted TO DO SO, thus SubordiDa- |
ting The military TO the civil power of the /
Government, but prompt and clear was the +
performance of his duty in the estimation of /
the Court that Judge W vile c0mplimented him /
on his ready obedience to the civil authority /
and discharged him from the process because +
Of his own inability to enforce the order of I
ba = in ha
suspension of his writ by the President, and |
declined to 90 any further. General Hancock 5 /
appearance before the Judge showed his re-
Spect Tor the civil process of the Court and it
became his duty to present TO tie Judge the
order of the President suspending the writ
and to know whether he would sabmit to or
reject the suspension of the writ If Judge
Wylie had said that he would consider the
question of validity of the order suspendinr
the writ when Mrs. Surrait was brought be-
fore him and directed her TO be brought into
court, General Hancock would doubtless have
produced The body. But the Jud2e cOmpli- Il
meuting the General for his respect for the /
civil authority, dismissed his proceedings
here. There was not the slightest show of any
disposition on the part of General Hancock to
resist the civil process of the Court No one
can at this time realize the extent of the popu-
lar frenzy and clamor for the execution of the
parties condemned; and Judge Wylie showed
great judicial integrity in awarding the writ
at all under the circumstances Had the or
der of the Court extended further and Judge ]
Wylie insisted upon the production before
him of the body of Mrs. Suratt, nOtwiths stand
ing the order Of the President General Han
cock nj ght then have been chargeable with
disobeying the process had he refused; but
no such further order was made and General
Hancock dismissed by the Court from the
process. What else could he have done
While he acted under the orders of the Presi-
dent he submitted to and showed due respect
for the judicial authority.
These were the statements of counsel
ID both sides of the case. In addition,
Father Wiget, the spiritual adviser of
Mrs. Suratt in her troubles, has recent
y published a statement in the New
York Herald, aeqqitting Gen. Hancock
If all responsibility for the prosecution
md cruel sentence, and bearing testi- .
nony to his humane and gentle bearing
owards the unfortunate victim. The !
mount of all this testimony Is: 1st.
That General Hancock, as commander .
# the department, had no agency in
nstituting the proceedings against Mrs.
;uratt, He was acting under the orders
f his superiors. And I'd. When the
rial was in progress, he obeyed the writ !
f habeas corpus, in her favor so far as
e was permitted to do so. The officer !
harged with the execution of Mrs. Su-
att, under the sentence Of the military
curt, was Gen. Hartranft, who was q
elected Governor of Pennsyl- il
ania by the Republicans, and is now q a
FEDERAL ofice-holder under the Hayes a
administration. T