The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1880-07-02

- - 49, - - - - ~ "a
> military commission for the trial Of !
certain offender. He declined, stating ~
his reasons that while the acts passed by
Congress for the more efficient govern
meut Of the rebel StatesH made it the
duty Of commanders Of military districts
to punish disturbers Of the public peace
and criminals, that power, from the na-
ture of things, should only be exercised
when the local civil tribunals were unable
or unwilling to enforce the laws, . suppo-
sition which did not exist, State govern
ment In subordination to the United
States being then in full exercise Of its
powers in Texas. Gen. Hancock's prede-
cessor had summarily, by military order,
removed the clerk of court and had ap-
pointed another in his place Gen. Han
cock revoked this order, on the ground
that if there were any charges against
the clerk so removed the courts were COM
petent to take action in the premises. His
predecessor had rendered the administra-
ton of Justice inefficient by instituting
certain qualifications for persons to be eli
gible to do jury duty, such qualifications
being made by military order. Gen. Han
cock revoked the order, announcing that
he would not permit the civil authorities
to be embarrassed by military interference.
In December he issued an order prohibit
ing military interference with the elections
unless when necessary to keep the peace
at the polls, as being contrary to law, and
he ordered that no soldiers be allowed to
appear at any polling place unless as citi-
zens of the State, registered voters, and
for the purpose of voting; but he ordered
further that the commanders of posts act
promptly in preserving the peace in case
the civil authorities failed to do so. Men
interested in civil controversies in great
numbers applied at the Generals head
quarters for interference, assuming on his
part both the arbitrary power to interfere
and the willingness to do so. Gen. Han
cock, by general order, again announced
that the administration of civil justice
pertained only to the regular courts, and
that the rights of the litigants did not
depend on his views as to the merits OF
their cases. Having been appealed to by
the Governor of the State to remove from
Office the President and members of the
Police Jury Of the Parish of Orleans, they
being charged with appropriating to their
own use public funds, Gen. Hancock re-
iterated the principle that these were mat
tiers pertaining to the civil administration
and should be solely dealt with by the
courts.
CONTROVERSY WITH GOV. PEAsE-MAIN-
TANNING THE RIGHTS OF Ex-CoNFEDER
ATRs TO TRIAL BY JURY, HABEAS COR
PUs, LIBERTY OF SPEECH AND PRESS
FREEDOM OF PERSON AND POSSESSION OF
PROPERTY.
1t was in Gen. Hancock's discussion
with Gov. Pease, Of Texas, IN regard to
these very principles, that the evidences
of the qualifications of great civil ruler
and statesman were most clearly dis
played. Gov. Pease was not an Executive
elected by the people. He had been ap
pointed by the military power of the Fed
eral Government. Shortly after this off.
cial came into Office, all of the Judges Of
/ the Supreme Court of Texas, five in mum
Der, and twelve out of seventeen of the
/ District Judges were arbitrarily removed
from Office, and others, whom this func
tionary desired, were appointed in their
/ places. In addition to this, the officers in
seventy-fve out Of the one hundred and
twenty-eight counties were removed and
others appointed in their places, By ar
bitrary order, none but persons capable Of
taking the test oath, and registered al
such, were allowed to serve as jurors
Such had been the state of affairs in Texa:
/ when Gen Hancock became the equally
irresponsible, almost autocratic military
ruler Of both States. No people but one
defeated and exhausted by long and
| bloody war would have endured such out
RACES. Such acts, of themselves, would
have been sufficient, under ordinary cir
cumstances, to have deluged any State ir
blood. But the oppressed ex-rebels proud
" endured the wrong in silence. This
wrong Gen. Hancock, as soon as he tool
command, aimed to repair. Hancock held
to the supremacy of the civil over the
military authority, and in accordance with
these principles his first official act upor
assuming the command was to issue biz
celebrated order No. 40, which is as fol
lows:
HEADQUARTERS FIFTH MILITARY DISTRICT
| GENERAL ORDERS, No 4O.]-NEw ORLEANS
LA, Nov. 90, 1667.-First-In accordance will
| general orders, No. 81, Headquarters of tn,
Army, Adjutant Generals Office, Washington d
c., August 81, 1857, Major General w. 8. Han
cock hereby assumes command Of the Fifth Nil
itary district, and Of the department composed o
the States of Louisiana and Texas
Second-The General commanding is grat6et
| TO learn that peace and quiet reign in this de
partment. 1t will be his purpose to preserve thi
| condition of things As means 10 this great emf
| he regards the maintenance Of the civil authori
ties In the faithful execution of the laws as thu
most efficient under existing circumstances. Ii
war it is indispensable to repel force by force ant
overthrow aud destroy opposition TO lawful an
| thority. Bot when insurrectionary force has beef
overthrown and peace established, and the civi
authorities are ready and willing 10 perform thei
duties, the military power should cease to lead
and the civil administration resume its natura
and righ,ful dominion. Solemnly impressed will
these views, the General announces that tn
great principles of American liberty are still tn
lawful inheritance of this people and ever shoult
be. The right of trial By jury, the hGbeGs corpus
the liberty Of the press, The freedom Of speech, u
natural rights Of persons and the rights Of propert
must be preserved Free in&itutions. scksls tier ar
esseatidl to the prosperity and AdRpiness Of To pee
pie, dlscdys Jurnih The strongest Inducements .
| peace and order Crimes and offences COMMITTEES
in this district must be referred to the considera
ton and Judgment Of the regular civil tribunals
and those tribunals will be supported in thei
lawful jurisdiction. While The General thus in
dictates his purpose to respect the liberties of tn
people, he wishes ell 70 understand that armet
Insurrecton or fbrcible resistance to the law vii
be instantly suppressed By armA