The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1880-09-01
HANcocK'slPE I0r
Mighty rs His Sword I'm His Famous Order
on the Principles of Constitutional Cow
eminent. N 49, --f e -
[ls67-Front Order 30. lo.l

lfs57-From Order No. iol
'sThe great principles of American liberty
are still the lawful fnheritance of this peo-
pie, and ever should be"
''The right of trial by jury, the habeas
corpus, the liberty of the press, the freedom
of speech. the natural rights of persons and
the rights OF property must be preserved"
III
''Free institutions, while they are essen
tial to the prosperity and happiness of the
people, always furnish the strongest induce
ments TO peace and order"
Grimes and offenses must be referred to
the consideration and judgment of the regu-
lar tribunals. and those tribunals will be
supported in their lawful jurisdiction"
I1s67-His Orders as Commanding Genenl.l
demand was made on General Hancock
for the appointment ola Military Commits
sion to try an alleged offender against the
peace of the State. The request came
through his own subordinate officer in com
mand of the District of Texas. General
Hancock replied:
"At this time the country is in a state of
profound peace The State Government of
Texas is in free exercise of all its proper
powers. Under such circumstances there is
no good ground for the exercise of the extra
ordinary power vested in the commander 10
organize Military Commission for the trial
of the person named"
vi.
"The Supreme Court of the United States
held in the Milligan case all such Commits
sions contrary to law in States not actually
in Instruction"
In that case, Judge David Davis uttered
the memorable words:
I'm war or in peace, the Constitution is
the supreme law of the land"
VII.
Major General Mower in command of the
District of Louisiana, had issued an order
removing one O'ROurke from office as Clerk
of District Court
General Hancock set aside the order and
said: IF any charges are set up against the
said 0'ROurke the Judicial Department of
the Government is sufficient TO take what
ever action may be necessary in the pre-
misses"
Hancock's order relative to Juror. -''The
commanding General has been officially in
formed that the administration of justice,
and especially OF criminal justice in the
Courts. is clogged, if not entirely frustrated,
by the enforcement of the military
order relative to the qualifi-
cations of persons to be placed
on the jury lists of the State of Louisiana.
The Commanding General, in the dis
charge of the trust reposed in him. will
maintain the just power of the judiciary,
and is unwilling to permit the civil authori-
ties and the law to be embarrassed by mill
tary interference 1t is ordered that said
paragraph, which relates to the qualifica-
tons of persons to be placed on the jury lists
of the State of Louisiana be, and the same is
hereby revoked December, ). 1861"
TX.
1S76-In his letter to General Sherman
| General Hancock says:
THE army should have nothing to do
| with the election or Inauguration of Presi-
dents. The people elect the President The
| Congress declares in joint session who he
is. We of the army have only to obey his
mandates, and are protected in so doing only
so far as they may be lawful
Il was not in favor of the military action
| in South Carolina recently, and if General
Ruger had telegraphed to me- or asked fol
/ any circumstances, to allow himself or his
troops to determine who were the lawful
members of State Legislature"
| 1SS0-In his letter of acceptance, General
Hancock says: r- ne
mo form OF government, however care
fully devised-nO principles, however sound
will protect the rights of the people unles:
its administration is faithful and efficient
1t is vital princiole in our system thai
| neither fraud nor force must be allowed t.
subvert the rights of the people. Wher
fraud, violence or incompetence controls, tn,
noblest Constitutions and wisest laws are
| useless.
''The bayonet is not fit instrument fol
collecting the votes of freemen. 1t is only
by full vote free ballot and fair count
that the people can rule in fact, as required
by the theory of our Government. TAX,
this foundation away, and the whole struc
ture falls