Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1880-07-03
out of 317, which number gradually

Ii
increased to 1444 Oh the eighteenth
ballot, this being, with the exception
of 145! votes cast for Pendleton on
the twelfth ballot, the greatest num-
Der of votes given to any candidate
for the nomination until the twenty
second ballot, when HoratiO Seymour
received the unanimous vote of the
convention.
Such is part Of the record of the
mau nominated by the representative
democrats of the nation, to the dig
nifty and responsibility Of the presi-
dental char. 1t would be incom-
plete were it not possible to supple
ment the narrative of the soldier,
with glimpses of his record when,
AS COMMANDER OF THE FIFTH MIL
ITARY DISTRICT.
embracing the states OF Louisiana
and Texas, a peculiar and delicate
responsibility was placed upon him
at very critical time in tile coun-
try's history. Upon assuming COM
mand of the district, pending the
censummation of the reconstruction
laws, Gen. Hancock issued the fol-
lowing order:
The general commanding Is graft
fed to learn that peace and quiet
reign in this department.. Ii will be
his purpose to preserve this condi-
ton Of things. AS means to this
great end, he regards the maintenance
Of tho civil authorities Ill the faithful
execution of the laws as the most Ell
ficient under existing circumstances.
Iu war it is Indispensable to repel
force by force, and overthrow and
destroy opposition to lawful authori-
ty. But when insurrectiOnary force
has been overthrown and peace es-
tablished, 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
geaeral announces that the great
principles of American liberty still
are the lawful inheritance of this
people, and ever should be. The
right of trial by jury, the habeas
corpus, the liberty of the press, the
freedom of speech, and the natural
rights of persons and the rights Of
property must be preserved. Free
institutions, while they are essential
to the happiness aud prosperity OF
the people, always furnish the strong
est inducements to peace and order.
Crimes and of1enses committed in this
district must be referred to the coll
sideratiou and judgment of the reg
ular civil tribunals, and those tribu-
malls will be supported i'll their law
full jurisdiction.
Should there be violation of exist
ing laws which are not inquired into
| by the civil magistrates, or should
failures in the administration OF
justice by the courts be complained
Of, the cases will be reported to these
headquarters, when such orders will
he made as may be deemed necessary
While the general thus indicates
his purpose to respect the liberties
of the people, he wishes all to under
stand that armed instructions or
forcible resistance to the law will be
instantly suppressed by arms.
BY command OF Maj. Gen. w. S.
Hancock, w. G. MITCHELL,
Brew. Lieut.. Col, Acting Assistant
Adjutant General.
THE FAMOUS JURY ORDER.
|
sued, the following order was issued
by Gen. Hancock:
The true and proper use of military
power, beside defending the national
honor against. foreign nations, is to
uphold the laws and civil govern
msnt, and to secure to every person
residing among US the enjoyment OF
life, liberty and property.
1t is accordingly made, by act OF
congress, the duty Of the commander
of this district to protect all persons
in these rights, to suppress disorder
and violence, and to punish, or cause
to be punished all disturbsrs Of the
public peace, and criminals.
The commanding general has been
officially informed that the admins.
tration of justice, and especially OF
criminal justice, i'll the courts is clog.
ged, if net entirely frustrated, by the
enforcement of paragraph No. Of
the military order numbered especial
orders 1885," current series, from these
headquarters, issued OH the oath oi
August, 1867, relative to the qualiti.
cations Of persons to be placed on the
jury list of Louisiana.
To determine who shall and who
shall not be Jurors, appertains to the
legislative power; and until the la W.
i'll existence regulating this subject
shall be amended or changed by tha,
department of the civil government
which the constitutions of all the
states under eur republican system
vest with power, 1t is deemed best
to carry out the will of the people a,
expressed in the last legislative &C,
upon this subject.
The qualification of a Juror under
the law is a proper subject for the
decision of the courts. Tie com
manding general, in discharge of tn,
trust reposed in him, will maintain
the just power of the judiciary, anC
is unwilling to permit the civil au
thorities and laws to be embarrassed
by military Interference, and as it i.
an established fact that the admins
tration of justice in the ordina
ry tribunals is greatly embarrassed
by the operations of paragraph No. 2
special orders No. l25, current series
frsm these headquarters, 1T is order
cd that said paragraph, which relate.
10 the qualifications of jurors to b,
placed on the jury lists Of the stat,
of Louisiana, be, and the same il
hereby revoked, and that the tria
by jury be henceiorth regulated ant
controlled by the constitution ant
civil laws, without regard to all,
military orders heretofore issueC
from these headquarters.
THE LAST ORDER. =
On the 1st of January, 1868, Gen
Hancock issued the following order
Applications have been made a
these headquarters implying the ex
lstence of an arbitrary authority il
the commanding general touching
purely civil controversies. One pc
itioner solicits this action, another
that, and each refers TO some specia
consideration of grace or favor which
he supposes to exist, and which shorIlC
influence this department. The NUN
ber of such applications and the
waste OF timt they involve make il
necessary 10 declare that the regular
administration of civil justice apper.
tains to the regular courts.
The rights OF litigants do not de
pend upon the views of the general
They are to be adjudged and settled
according to the law. Arbitrary
power, such as he has been urged t,
assume, has no existence here. 1t is
net found in the laws OF Louisiana OF
Texas. 1t cannot be derived from