Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1880-07-02


| for their execution was properly carried out
| The day before the execution General Han
cock, as military head of the department
had served upon him by the Marshal of til,
District writ of ha6eds corpus, which haC
been sued out by the counsel of Mrs. Sur
raft. lie promptly forwarded it to Prcsi
dent johnson, his superior and commander
ln-chiel. Its reception was acknowledged
by the President, who directed the suspen
sion Of the writ. General Hancock coulC
do no more. He saw then that the onl,
hope for Mrs. Surratt lay in the power o
her daughter to move the Presidents heart
lie so informed her, and gave her every ia
cility in his power TO gain access to thu
President So great was his anxiety in re
gard to the looked-for pardon or reprieve tina
he placed a line of mounted sentnels from
the White House to the place of execution
that the words of grace, if spoken at the las
minute, should go surely and swiftly. Blu
no such words were spoken.
General Hancock's gallentry at the battle
OF Spetsylvania had been rewarded on Marcel
18th, 1865 by his promotion to the rank Of
brevet Major General in the army of the
| United States. He was in command of the
Middle Department from July, 1865 to Au
| gust, 1866, when he was transferred to the
| Department of the Missouri, and while in
command there conducted an expedition
against the hostile Indians on the plains
On the Goth of August, 1867, General Han
cock was assigned by President johnson tc
the command Of the Department of the Gulf
| lie assumed command on November 20, es
tablishing his headquarters at New Orleans,
and ON that day issued the first of that
series of orders in which he defined the rela
| tons that should exist in times of peace be
tween the military and civil authorities, and
declared that the former should be subordl
mated to the latter.
| His first order read as follows:
"'The General commanding is gratified tC
learn that peace and quiet reign in this de
partment. 1t will be his purpose to main.
tain this condition of things. AS a means
to this great end he regards the maintenance
of the civil authorities in the faithful execu
ton Of the laws as the most efficient under
existing circumstances
In war it is Indispensable to repe force
by force, and overthrow and destroy oppo
sition to lawful authority; but when insur.
rectiOnary force has been overcome and peace
established, and the civil authorities arc
ready and willing to perform their duties
the military power should cease to lead, and
| the civil administration resume its natural
and rightfu dominion. Solemnly impressed
with these views, the General announces
that the great principles of American liberty
still are the lawful inheritance of this PEG.
pie, and ever should be. The right of trial
by jury, the hdJ0as corpus, the liberty of the
| press, the freedom of speech, and the natural
rights persons, and the rights Of property
must be preserved
Free institutions, while they are essential
to the prosperity and happiness Of the PEG
| pie, always furnish the strongest induce
ments TO peace and order Crimes and of.
| lenses committed in this district must be re-
ierred to the consideration and judgment
of the regular civil tribunals, and those tri
bunals will be supported in their lawful ju.
risdiction."
| On the 9th of December he again defined
his position in another military order in
which he says
"The true and proper use Of military
power, besides defending the national honoi
against foreign nations, is to upheld the laws
and civil government, and to secure to every
| person residing among us the enjoyment
Of life, liberty and property. 1t Il accord
ingly made by act Of Congress the duty o
| the Commander of this district 10 protect al
! persons in these rights, to suppress disorder
and violence, and to punish, or cause TO b,
| punished, all disturbers Of the public peace
and criminals"
In continuation he referred TO one of thu
military orders issued by Gen. Sheridan, BIZ
predecessor in command Of the department
and revoked it in these terms
"'rhe Commanding General has been Off
cially informed that the administration o
| justice and especially Of criminal justice, il
the courts is cogged, if not entirely frustrat
ed, by the enforcement Of paragraph No
! 2 of the military order numbered Specia
| Orders l25, current series, from these head
quarters, issued ON the Gath Of August, A. D.
| 1867, relative to the qualifications of persons
to be placed on the jury lists Of the State o
| Louisiana
"1'o determine who shall and who shall
not be jurors appertains 10 the legislatiy,
/ power; and until the laws in existence reg
| uIatiug this subject shall be amended OF
| changed by that department Of the civil gov
eminent, which the Constitutions of all tho
| States under our republican system vest with
| that power, IL Is deemed best 10 carry ou
the will Of the people us expressed in tho
| last legislative act upon this subject.
"1'he qualification Of Juror under the
! law is n proper subject for the decision o.
the courts. The commanding General, in
| the discharge Of the trust reposed in him
/ will maintain the just power Of the judici
AIRY, and is unwilling 10 permit the civil au'
| thorities and laws 10 be embarrassed by mil
| itaryL interference. He Therefore
directs that paragraph No. 2, special ORDER
| No 125, relating TO the qualification Of
! jurors, be revoked, and that trial by jury bt
henceforth regulated and controlled by thu
Constitution and civil laws"
On the lst Of January, 1863, The found il
necessary 10 rebuke the persistent attempts
/ 10 force him into interfering with matters
exclusively belonging to the civil tribunals
and accordingly issued an order saying;
"Applcations having been made at these
/ headquarters implying the existence Of an
arbitrary authority in the commanding Gen
eral touching purely civil controversies
/ One petitioner solicits this action, another
| that, and each refers 10 some special consid-
/ Grafton Of grace or favor which he supposcs
to exist, and which should influence this de.
partment The number OF such applications,
aud the waste Of time they involve, make IL
necessary 10 declare that the administration
Of civil Justice appcrtalns 10 the regular
courts The rights Of ltigania do not de.
pend on the views Of the General. They
are ~ be adjudgcd and settled according 20
the laws. Arbitrary power, such as hc has
been urged ~ assume, has no existence
here. II II not found in the laws Of Louisi-
ana and Texas IL cannot be- derived from
any act or acts Of Congress; II Is restrained
by constitution and prohibited from action
in many particulars. The Major General
commanding takes occasion to repeat that
while dlsclaiming Judicial functions in civil
cases he can suffer no forcible resistance n
the execution Of processes Of the court"
These orders are the only ones issued after
the war was brought b. a close by any com.
nander Of military departmcntthat showed
any conception of the constitutional limita.
ton Of bis powers. or the recognition Of the
principle ~ the subordination of the mill
tnry 10 the civil power In the time Of peace
They were very disiastcinl 10 the authorities
AZ Washington and the extreme wing Of Tho
I lOpuboan part and the consequence wa
two months after the issue NJ the order last
I quoted he WIS transferred ~ the Military
I Division Of the Atlantic, where he remained
/ until General Grant took his seat AZ President
I Of the United States, when, on May ~, 1863
1 he wa ordered ~ take command Of the DE
/ parinientO i Dakota. lie continued In charg,
I Of that department until Dec. 3, 1872, When
/ hu wns transferred back b. the Military Di
Z vision Of the Atlantic, which he now holds
sI..as. - M