The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-07-13
HapeocE,s Famous order = How 1


Haneoek,s Famous order = How Il
Worked.
A reader Of the INTELLIaENcER has re
oues,ed us to publish Hancock's order
when he was in command OF the Flith
Military District, comprising the States oil
Louisiana and Texas. 1t is known as
"Order No. 49," We subjoin the order
as follows:
HEADQUARTERS FIFTH MIL. DIST,
New ORLEANS, LA, Nov. -, 1871
General Order No. 40.
First-In accordance with General Order
No. 81, headquarters Of the army, Adlu-
tant Generals Office, Washington, d; Ca
August 81, 1857, Major General W. 5. Han
cock hereby assumes command OF thektith
Military District, and Of the department
composed OF the States OF Louisiana and
Texas.
Second-The General commanding is
gratified to learn that peace and quiet
reign in this department. 1t will be his
puTpose to preserve this condition OF
things. As means to this great end he
regards the maintenance OF the civil
authorities in the faithful execution
Of The laws as the most efficient under ex'
isting circumstances. In war 1t is indls-
pensable to repel force by force, and over,
throw and destroy opposition TO lawful
authority. But when insurrectlonary
force has been overthrow and peace es'
tablshed, and the civil authorities
are ready and willing to- perform
their duties, the military power should
cease to lead, and the civil administration
resume its natural and rightful dominion.
Solemnly impressed with these views,
the General announces that the great
principles OF American liberty are
still the lawful inheritance OF this
people, and ever should be. The right OF
trial by Jury, the'habedS corpus, the liberty
OF the press, the freedom OF speech, the
natural rights OF persons and the rights Of
property must be preserved. Free insti-
tutions, while they are essential to the
prosperity Of the people, always furnish
the strongest inducements to peace ana
order. Crimes and offences committed in
this district must be referred to the con-
sideration and judgment OF the regular
civil tribunals, and those tribunals
will be supported in their lawful Iur-
addiction. While the General thus indi-
Gates his purposes TO respect the Liberties
OF the people, he wishes all to understand
that armed instruction or forcible resist
ance to the law will be instantly suppress
ed by arms.
By command Of
Mai. Gen. W. S. HANCOCK.
1t is to be borne in mind in reading
this order that Andy Johnson was then
President OF the United States; that he
was doing all that he could to oppose and
break down the Reconstruction policy oil
Congress, and that to this end he removed
Phil Sheridan from the command OF the
department and put Gen. Hancock in his
place, because he believed that the latter
would carry out his policy OF antagonism
to the Reconstruction laws OF Congress
Hancock was then as now Democrat. and
then as now an aspirant for the Presidency
and was voted for as such in the National
Democratic Convention that met in New
York in 1868.
General Garfield in one OF his mastery
speeches, delivered January II, 1868,
made most remarkable ailusion to him
divining the motive which governed hi
course in those States, namely: setting biz
sails for the Democratic nomination fol
the Presidency! This ratherpropheticstate
ment OF General Garfield has absolutely
been carried out, az the reader can see By
reading the following extract. 1t will b,
b,rpe in mind that it was delivered
twelve years ago:
"Mr. Speaker, l will not repeat the lonj
catalogue OF distractions which he ha
thrown in the way by virtue OF the powe
conferred upon him (Johnson) in the re
construction law OF 1857, but will allud,
TO one example where he has found in {
Major. General OF the army facie instru
ment with which more etTectually to OBJ
struct the work OF reconstruction. Thil
case is all the more painful beca use al
otherwise meritoTious officer, who bear
honorable scars, earned in battle for the
Union, has been made party TO the politi
cal madness which has so long marked the
conduct OF the President. This General
was sent into the district OF Louisiana
and Texas with law OF Congress In his
hand, a law that commands him TO see
that Justice is administered among the
people OF that country, and that no pre-.
tense OF civil authority shall deter him
from performing his duty, and yet we
And that officer giving lectures In the
form OF proclamations and orders on what
ought to be the relation between the civil
and military departments OF the Govern,
menL We see him issuing q general or.
der in which he declares that the civil
should not give way before the military,
We hear him declaring that he finds moth
ing In the laws Of Louisiana and Texas to
warrant his interference in the civil ad'
minlstration Of those States. It 10 not ior
him TO say which shall be first, the civil OF
military, in that rebel community. 1t ts
not for him In search the deiunct laws Of
Louisiana and Texas for guide to his
conduct 1t is for him to obey the laws,
which he was sent there to execute. It's
for him to aid In building up civil govern
ments, rather than preparing himself 10
be the Presidential candidate OF the party