The silver state., 1880-06-30
GENERAL HANCOCK AND THE SUR
RAFT CASE.

KATT CASE.
The Pennsylvania delegate who pre-
sented the name of General Hancock
as candidate for President Of the
United States to the Cincinnati Con-
vention, said that he never violated the
majesty of the civil law. The Virginia
Enterprise says:
This statement is not borne out by
the facts of history, as he refused to
obey writ of habeas corpus for the
surrender of Mrs. Surratt months after
peace had been declaEed, and when the
writ of habeas corpus, was restored as
the safeguard of American liberty"
The leading Republican paper of Ne
vada ought not to So grossly misrepre-
sent General Hancock in this matter.
He had no more. to. do with the hang
ing Of Mrs. Surratt, except as subor-
dinate obeying the orders Of the Conn
mander-in- Chief of the army, the Pres
iient of the United States, than the
corporation which owns the Territorial
Enterprise. Mary E. Surratt was ar
rested for alleged completely IN the
plot to assassinate President Lincoln in
April, 1865. By order of Andrew
Johnson, President Of the United
States, Military Commission was APP
pointed to try all the persons supposed
a. be implicated in the plot to assassi-
nate President Lincoln. The writ of
habeas corpus was suspended, and the
ethcers detailed to. serve as Commits
SION were Major General David Hun
Tor, Major General Lew Wallace, Ma
pr General August V. Kautz, Brigadier
General Albion z. Moore. Brigadier
General Cyrus. B. Comstock, Brigadier
General 7. M. Harris, Colonel Horace
Porter, and Lieutenant D. r. Clenden-
IN. This Commission, of which Cen
eral Hancock was not even a member,
found Mrs. Surratt guilty, and SEN
fenced her to be executed on the 7th
day cf July, 1865. Her counsel petit
toned Judge Wyle, a Justice of the
Supreme Court of the District of Co.
lcnbia, for writ of habeas corpus.
The Judge ordered the writ to issue,
and made it returnahle before the
Criminal Court of the District of Co.
l.mbia, at 10 o'clock a. M. Of the day
Oh which Mrs Surratt bad been. SEN
fenced to be executed by the Military
Commission. The writ was served ON
General Hancock, who was in command
al the Middle Military Department,
which embraced the District Of Colum-
bia. General Hancock acknowledged
the service of the writ, and respect
fully stated. to Judge Wylie that the
body of Mrs. Surratt was held by him
by virtue OF an order of the President
of the United State and COMMANDMENTS
Chief of the Army and Navy, for the
purposes expressed IL said order, and
that he did not produce the body OF
Mrs. Surratt by reason OF said order
which was i;dorsed on the return, and
read as follows::
EXECUTIVE OYrTcy.
July 7th, lS65-l0 A. n X
To nAy. GRn. w. S. HANCOCK,
Commander, etc.
l.. Andrew johnson, President of the
United States, do hereby declare that
the writ of habeas corpus has been here
tofore suspended in such cases as this,
and do hereby especially suspend this
writ, and direct that You proceed. to ex-
ecuta the order heretofore given upon
the judgment of the Military Commits
sion, and you will give this order in
return to the writ.
ANDREW JOHNSON, President.
It will be observed that this order
was imperative, and did not leave it
optional with General Hancock to pro-
duce the body of Mrs. Surratt before
the Civil, Court. He obeyed the orders
OF his superior, as he was in duty
bound to do, and if the President and
Secretary Of War ignored the Civil
Courts and suspended the writ of ha-
beas corpus after the war was ended,
General Hancock certainly was not to