E 4-, 1867. 1880. THE CIVIL RECORD OP Majoe-General WIHFIELD S. HAHCOCK, BURINU HIS AD:\1IMSTRATI0N in LOUISIANA ANI> TEXAS. THE oltjoct of this pamphlet is to direct the attention of those -whom, for political or other reasons, it may concern, to the services of General Hancock in maintaining the civil rights of the citizen dnringa trjang period in the history of our country. It is not intended to en- force this view by many comments, but mainly b}' a re-publication of some of- General Ilancock's own orders and official letters, when com- mander of the Fifth Military District, composed of the States of Louisi- ana and Texas. The documents selected are but a few out of a volu- minous mass of similar material. But they will be sufficient to illus- trate the principles upon which his administration of i^ublic affairs was conducted. It is well known that General Hancock has never sought political preferment, that his promotion in the army has been b}" merit alone, and that for his political principles he has been content to suffer per- secution. His prominence before the Democratic National Convention in 1808, and again in 1816, was not brought about by an3^ solicitation of his own ; but solel}^ from the public sense of his availabilit3^ The frequent mention of his name in connection with the next Presidential nomination, renders it desirable that his qualifications for government should be understood. Apart, however, from politics, and whether he should receive the nomination of his party for civil office or not, still, if when clothed with grea^-'authority, he used it with wisdom, firmness and moderation, for the good of the people, and in obedience to the Constitution of his country, in a time of great trial, it is but just that his example should have honorable mention and remembrance among his fellow-citizens. Tiiis publication will, therefore, need no further apology. AVhen General Hancock was assigned to the command of the Fifth Military District, he became, under the Reconstruction Laws of Con- gress, the absolute ruler of two States — Louisiana and Texas. He had the power to remove civil magistrates, to suppress the local tribunals, to establish military commissions and to suspend the civil laws. He continued in this responsible position, with his headquarters at New Orleans, from November, 1867, until March 16th, 1868, when, in con- sequence of General Grant's interference with his administration, he was relieved at his own request. What he did during these eventful months, was not as a leader of troops, but almost wholly in the exer- cise of his duties and authority as the supreme governor of the two States included within his jurisdiction. He has, therefore, not only a civil record, but such a civil record as is best calculated to illustrate his character as a citizen and his qualifications as a statesman. Because, being invested with powers which subjected him l:o scarcely any other restraint than his own discretion, his administration must be consid- ered in more than an ordinary degree characteristic of the mental and moral qualities of the man. It will be remembered that at the time General Hancock was ap- pointed to this position, Congress had parcelled out the South into a number of military despotisms, based upon the assumption that the people of that section of the Union had forfeited their constitutional liberties, and had no longer any civil rights which a military comman- der was bound to respect. But when General Hancock assumed per- sonal command of his military province, his first act was to issue an official order from his headquarters at New Orleans, proclaiming that the Constitution had survived the war, and was still the rightful inheri- tance of all the people. This noble document is in the following words : HEADQUARTERS FIFTH MILITARY DISTRICT, General Obders, I ^j^ Orleans, La, November 29, 1867. No. 40. i I. Hi accordance with general orders No 81, Headquarters of the Army, Adjutant General's Office, AVashington, D. C, August 2'7th, 1867, Major-General W. S. Hancock hereby assumes command of the Fifth Military District and of the Department composed of the States of Louisiana and Texas. II. The General Commanding is gratified to learn that peace and quiet reign in this Department. It will be his purpose to preserve this condition of things. As a means to this great end he regards the maintenance of the civil authorities in the faithful execution of the laws as the most efficient under existing circumstances. In war it is indispensable to repel force by force, and overthrow and destroy opposition to lawful authority. But when insurrectionery force has been overtlirown and peace estaljlishe;], and the civil author- ities are ready and willing to perforin their duties, the militar}^ power should cease to lead, and the civil administration rosume its natural and rightful dominion. Solemnly impressed with these views, the General announces that the great principles of American liberty are still 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, the natural rights of persons, and the rights of property must be preserved. Free institutions, while they are essential to the prosperity and hap- piness of the people, always furnish the strongest inducements to peace and order. Crimes and offences committed in this district must be referred to the consideration and judgment of the regxdar civil tribunals, and those tribunals will be supported in their lawful jurisdiction. Should there be violations of existing 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 be made as may be deemed necessarj'-. While the G-eneral thus indicates his purpose to respect the liber- ties of the people, he wishes all to understand that armed insurrec- tion or forcible- resistance to the law will be instantly suppressed by arms. By conniiaud of Majok-Genekal W. S, Hancock. [Official ] General Hancock's celebrated letter to Governor Pease of Texas. The following admirable letter was written and published by Gen- eral Hancock toward the close of his administration at New Orleans, in reply to the application of Governor Pease, of Texas, for the es- tablishment of militar}'^ commissions in that State. It deserves a care- ful reading, and in it may be found a triumphant vindication of the principles upon which General Hancock conducted his administration. No conservative citizen can read it without being impressed with the soundness of the writer's political principles, the firmness and inde- pendence of his character, the excellence of his judgment, his states- manlike ability and manly patriotism : 6 HEADQTJAKTERS FIFTH MILITARY DISTRICT, New Orleans, La., March 9, 18CS. To His Excellency E. M. Pease, Governor of Texas: Sir : — Your communication of the 17th January last, was received in due course of mail, (the 2Tth Januarj^,) but not until it had been widel^r circulated b}^ the newspaper press. To such a letter — written and published for manifest purposes — it has been my intention to re- ply as soon as leisure from more important business would permit. Your statement that the act of Congress " to provide for the more efficient government of the rebel States," declares that whatever gov- ernment existed in Texas was provisional ; that peace and order should be enforced ; that Texas should be part of the Fifth Military District, and subject to militar}^ power; that the President should appoint an officer to command in said district, and detail a force to protect the rights of person and property', suppress insurrection and violence, and punish offenders, either by military commission, or through the action of local civil tribunals, as in his judgment might seem best, will not be disputed. One need only read the act to perceive it contains such provisions. But how all this is supposed to have made it my duty to order the militar}^ commission requested, 3"0u have entirely failed to show. The i)ower to do a thing if shown, and the propriet}^ of doing- it, are often very different matters. You observe you are at a loss to understand how a government, without representation in Congress, or a militia force, and subject to military power, can be said to be in the full exercise of all its proper powers. You do not reflect that this government, created or permitted by Congress, has all the powers which the act intends, and may full}' exercise them accordingly. If you think it ought to have more powers, should Ive allowed to send members to Congress, wield a militia force, and possess yet other powers, 3'our complaint is not to be preferred against me, but against Congress, who made it what it is. As respects the issue between us, an3' question as to what Congress ought to have done has no pertinence. You admit the act of Congress authorizes me to tr}^ an offender by military commission, or allow the local civil tribunals to try, as I shall deem best ; and 3'ou cannot deny the act expressl3^ recognizes such local civil tribunals as legal author- ities for the purpose specified. When j^ou contend there are no legal local tribunals for any purpose in Texas, you must either dcn^- the plain reading of the act of Congress or the power of Congress to pass the act. , You next remark that you dissent from my declaration, "that the country (Texas) is in a state of profound peace," and proceed to state the grounds of your dissent. They appear to me not a little cxtraor- ■(.linaiy. I quote j'ouv words: "It is true there no louger exists here- (Texas) auy organized resistance to the auihurit}^ of the United States." "But a large majority of the white population W'ho partici- pated in the late rebellion, are embittered against the Govertiment, and yield to it an unwilling obedience." Nevertheless, you concede they do 3'ield it obedience. You proceed : " None of this class have any affection for the Government, and very few any respect for it. They regard the legislation of Congress on the subject of reconstruction as unconstitutional and hostile to their interests, and consider the government now existing here under au- thorit}' of tlie United States as an usurpation on their rights. The}' look on the emancipation of their late slaves and the disfranchise- ment of a portion of their own class, as an act of insult and oppres- sion," And this is all you have to present for proof that war and not peace })revails in Texas ; and hence it becomes my duty — so you suppose — to set aside the local civil tribunals, and enforce the penal code against citizens by means of military commissions. M}'' dear sir, I am not a lawyer, nor has it been my business, as it may have been 3-ours, to study the philosophy of statecraft and poli- tics. But I may lay claim, after an experience of more than half a lifetime, to some poor knowledge of men, and some appreciation of what is necessary to social order and happiness. And for the future of our common country. I could devoutl}^ wish that no gi'eat number of our people have j-et fallen in with the views you appear to enter- tain. Woe be to us Avhenever it shall come to pass that the power of the magistrate — civil or military — is permitted to deal with the mere opinions or feelings of the people. I have been accustomed to believe that sentiments of respect or dis- respect, and feelings of affection, love or hatred, so long as not de- veloped into acts in violation of law, were matters wholly be^'ond the punitory power of human tribunals. I Avill maintain that the entire freedom of thought and speech, how- ever acrimoniousl_y indulged, is consistent with the noblest aspirations of man, and the happiest condition of his race. When a boy, I I'emember to have read a speech of Lord Chatham, delivered in Parliament. It was during oiir Revolutionary War, and related to the policy of employing the savages on the side of Britain. You may be more familiar with the speech than I am. If I am not greatly mistaken, his lordship denounced the British Government — his government — in terms of unmeasured bitterness. He character- ized its policy afe revolting to every sentiment of humanit}' and re- ligion ; proclaimed it covered with disgrace, and vented his eternal abhorrence of it and its measures. It may, I think, be safel}' asserted. that a majority of the British nation concurred in the views of Lord" Chatliam. But whoever supposed that profound peace was not exist- ing in that kingdom, or that government had any authority to question the absolute right of the opposition to express their objections to the propriety of the king's measures in any words, or to any extent they pleased ? It would be diflleult to show that the opponents of the Government in the days of the elder Adams, or Jefferson, or Jackson,, exhibited for it either " affection " or " respect." You are conversant with the history of our past parties and political struggles touching legislation on alienage, sedition, the embargo, national banks, our wars with England and Mexico, and cannot be ignorant of the fact, that for one party to assert that a law or s^^stem of legislation is unconsti- tutional, oppressive and usurpative, is not a new thing in the United States. That the people of Texas consider acts of Congress unconsti- tional, oppressive, or insulting to them, is of no consequence to the matter in hand. The President of the United States has announced his opinion that these acts of Congress are unconstitutional. The Su- preme Court, as you are aware, not long ago decided unanimously' that a certain military commission Avas unconstitutional. Our people everj'where, in every State, without reference to the side they took during the rebellion, differ as to the constitutionalit}' of these acts of Congress. How the matter reall}' is, neither j-ou nor I may dogmati- cally affirm. If you deem them constitutional laws, and beneficial to the countr}', you not only have the right to publish your opinions, but it might be your bounden duty as a citizen to do so. Not less is it the privilege and duty of any and every citizen, w'herever residing, to publish his opinion freely and fearlessly on this and every question which he thinks concerns his interest. This is merely in accordance with the principles of Our free government ; and neither you nor I would wish to live under any other. It is time now, at the end of almost two years from the close of the war, we should begin to recollect what manner of people we are,; to tolerate again free, popular discussion, and extend some forbearance and consideration to opposing views. The maxims that in all intellectual contests truth is might}', and must pre- vail, and that error is harmless when reason is left free to combat it, arc not onlv sound, but salutar}-. It is a poor compliment to the merits of such a cause, that its advocates would silence opposition by force ; and generally those only who are in the wrong wdll resort to this ungener- ous means. I am confident 3'ouwill not commit your serious judgment to the proposition that any amount of discussion, or an}^ sort of opinions, however unwise in your judgment ; or any assertion or feeling, how- ever resentful or bitter, not resulting in a breach of law, can furnish justification for your denial that profound peace exists in Texas. You 9 might as well deny that profound peace exists in New York, Penn- sylvania, Maryland, California, Ohio and Kentucky', Avhere a majority of the people differ with a minority on these questions; or that pro- found peace exists in the House of Representatives, or the Senate, at Washington, or in the Supreme Court, where all these questions have been repeatedly discussed, and parties respectfully and patiently heard. You next complain that in parts of the State (Texas) it is difticult to enforce the criminal laws ; that sheriffs fail to arrest; that grand jurors will not always indict; that in some cases the military acting in aid of the civil authorities have not been able to execute the process of the courts; that petit jurors have acquitted persons adjudged guilty by you ; and that other persons charged with offences have broke jail and lied from prosecution. I know not how these things are ; but admit- ting your representations literally true, if for such reasons I should set aside the local civil tribunals and order a military commission, there is no place in the United States where it might not be done with equal propriety. There is not a State in the Union — North or South — where the like facts are not continually happening. Perfection is not to be predicated of man or his works. 'So one can reasonably expect certain and absolute justice in human transactions; and if military power is to be set in motion, on the principles for which j^ou Avould seem to contend, I fear that a civil government, regulated by laws^ could have no abiding place beneath the circuit of the sun. It is rather more than hinted in your letter, that there is no local State government in Texas, and no local laws outside of the acts of Congress, v.hich I ought to respect ; and that I should undertake to protect the rights of pei'sons and property in my own %i-ay and in an ai-hitrary manner. If such be your meaning, I am compelled to differ with you» After the abolition of slavery, (an event which I hope no one now re- grets,) the laws of Louisiana and Texas existing prior to the rebellion, and not in conflict with the acts of Congress, comprised a vast system of jurisprudence, both civil and criminal. It required not volumes only, but libraries to contain them. They laid down principles, and precedents for ascertaining the rights and adjusting the controversies of men, in every conceivable case. They were the creations of great and good and learned men, who had labored, in their day, for their kind, and gone down to the grave long before our recent troubles, leaving their works an inestimable legacy to the human race. These laws, as I am informed, connected the civilization of past and present ages, and testified of the justice, wisdom, humanity and patriotism of more than one nation, through Avhose records they descended to the jn-esent people of these States. I am satisfied, from representations of persons competent to judge, they are as perfect a system of laws as may be found elsewhere, and better suited than any other to the con- 10 dition of this people, for by them they have long been gorerned. Wh}^ should it be supposed Congress has abolished these laws ? Why should any one wish to abolish them ? They have committed no treason, nor are hostile to the United States, nor countenance crime, nor favor injustice. On them, as on a foundation of rock, reposes almost the entire superstructure of social order in these two States. Annul this code of local laws, and there Avould be no longer an}- rights, cither of person or propert}", here. Abolish the local civil tribunals made to execute them, and 3'ou would virtually annul the laws, except in reference to the very few cases cognizable in the federal courts. Let us for a moment suppose the Avhole local civil code annulled, and that I am left, as commander of the Fifth Military District, the sole fountain of law and justice. This is the position in which you would l^lace me. I am now to protect all rights and redress all wrongs. How is it possible for me to do it? Innumerable questions arise, of which I am not only ignorant, but to the solution of which a military court is entirely unfitted. One would establish a will, another a deed ; or the question is one of succession, or partnership, or descent, or trust ; a suit of ejectment or claim to chattels; or the application may relate to robbery, theft, arson, or murder. How am I to take the first step in any such matter ? If I turn to the acts of Congress I find nothing on the subject. I dare not open the authors on the local code, for it has ceased to exist. And j'ou tell me that in this preplexing condition I am to furnish by dint of m}^ own hasty and crude judgment, the legislation de- manded by the vast and manifold interests of the people ! I repeat, sir, that you, and not Congress, are responsible for the monstrous sug- gestion that there are no local laws or institutions here to be respected Iby me, outside the acts of Congress. I say unhesitatingly, if it were possible that Congress should pass an act .abolishing the local codes for Louisana and Texas — which I do not believe — and it should fall to my lot to su})ply their places with something of my own, I do not see how I could do better than follow the laws in force here prior to the rebellion, excepting whatever therein shall relate to slaver}'. Power may destroy the forms, but not the principles of justice; these will live in spite even of the sword. Histor}- tells us that the Roman pandects were lost for a long period among the rubbish that war and revolution had heaped upon them, but at length were dug out of the ruins — again to be regarded as a precious treasure. You are pleased to state that " since the publication of (my) gen- eral orders No. 40, there has been a perceptible increase of crime and manifestations of hostile feeling toward the Government and its sup- 11 porters," and add that it is ^' an nnpleasant duty to give such a recital of the condition of the coiintr}-." You will permit me to sa}' that I deem it impossible the first of these statements can be true, and that I do verj' greatly doubt the cor- rectness of the second. General orders No. 40 was issued at New Orleans, November 20, 1 SGI, and your letter was dated January H, 1868. Allowing time for order No. 40 to reach Texas and become generally known, some additional time must have elapsed before its effect would be manifested, and yet a further time must transpire before you would be able to collect the evidence of what you term " the condition of the country ;" and yet, after all this, you would have to make the necessary investigations to ascertain if order No. 40 or sometliing else was the cause. The time, therefore, remaining to enable you, before the 17th of January, 1868, to reach a satisfactory^ conclusion on so delicate and nice a question must have been ver}' short. How you proceeded, whether yon investigated yourself or through third persous,'and if so, who they were, what their compe- tency and fairness, on what evidence yon rested your conclusion, or Avhether you ascertained any facts at ail, are points upon which your letter so discreetly omits all mention, that I may well be excused for not relying implicitly upon it ; nor is my diflrculty diminished by the fact that in another part of 3'our letter you .state that ever since the close of the war a ver}- large portion of the people have had no affec- tion for the (jrovernment, but bitterness of feeling only, ifad the duty of publishing and circulating through the countr}' long before it reached me, j'onr statement that the action of the district commander was increasing crime and hostile feeling against the Government, been less jjainful to your sensibilities, it might i)ossibly have occurred to you to furnish something on the subject in addition to your bare as- sertion. But what was order No. 40, and how could it liave the effect you attribute to it ? It sets forth that " the great principles of American lil)erty are still the inlieritance of this people and ever sliould be, tliat the right of trial by jury, the liabeas corpus, the liberty of the press, the freedom of speech, and the natural rights of persons and l^roperty must be preserved." Will you question the truth of these declarations ? Which one of these great principles of liberty are you read}' to deny and repudiate ? Whoever does so avows himself the onemy of human liberty and the advocate of despotism. Was there any intimation in general orders No. 40 that any crimes or breaches of law would be countenanced ? You know that there was not. On the contrary, you know perfectly well that while " the consideration of crime and oflfences committed in the Fifth Military District was re- ferred to the judgment of the regular civil tribunals," a pledge was 12 given ill order No. 40, which all understood, that tribunals would he supported in their lawful jurisdiction, and that "forcible resistance to law would be instantl}^ suppressed by arms." You will not affirm that this pledge has ever been forfeited. There has not been a moment since I have been in command of the Fifth District, when the whole military force in my hands has not been ready to support the civil authorities of Texas in the execution of the laws. And I am unwill- ing to believe they would refuse to call for aid if they needed it. There are some considerations which, it seems to me, should cause you to hesitate before indulging in wholesale censures against the civil authorities of Texas. You are yourself the chief of these authorities, not elected by the people, but created by the military. Not long after you had thus come into office, all the judges of the Supreme Court of Texas — five in number — were removed from office, and new appoint- ments made ; twelve of the seventeen district judges were removed, and others appointed. County officers, more or less, in seventy-five out of one hundred and twenty-eight counties, were removed, and others appointed in their places. It is fair to conclude that the execu- tive and judicial civil functionaries in Texas are the persons whom you desired to fill the offices. It is proper to mention, also, that none but registered citizens, and only those who could take the test oath, have been allowed to serve as jurors during your administi'ation. Now, it is against thig local government, created by military power prior to my coming here, and so composed of your personal and political friends, that you have preferred the most grievous complaints. It is of them that you have asserted they will not do their duty ; thej'^ will not maintain justice ; will not arrest offenders ; will not punish crimes; and that out of one hundred homicides committed in the last twelve months, not over ten arrests have been made ; and b}^ means of such gross disregard of duty, j^ou declare that neither property nor life is safe in Texas. Certainly you could have said nothing more to the discredit of the officials who are now in office. If tlie facts be as you allege, a mys- tery is presented for which I can imagine no explanation. Why is it that 3^our political friends, backed up and sustained by the whole mil- itary power of the United States in tliis district, should be unwilling to enforce the laws against that part of the population lately in rebel- lion, and whom you represent as the off'enders ? In all the history of these troubles, I have never seen or heard before of such a fact. I repeat, if the tact be so, it is a profound mysteiy, utterly surpassing my comprehension. I am constrained to declare that I believe you are in very great error as to facts. On careful examination at the proper source, I find that at the date of your letter four cases only of homi- cides had been reported to these headquarters as having occurred since 13 XovcMuber 29, 1807, the date of order 40, and these cases were ordered to be tried or investigated as soon as the reports were received. How- ever, the fact of the one hundred homicides may still be correct, as stated by you. The Freedman's Bureau in Texas reported one hundred and sixty ; how many of these were by Indians and Mexicans, and how the remainder were classified, is not known., nor is it known whether these data are accurate. The report of the commanding ollicer of the District of Texas shows that since I assumed command no applications have been made to him by you for the arrest of criminals in tlie State of Texas. To this date eighteen cases of homicides have been reported to me as having occurred since November 29, 186*7, although special instruc- tions had been given to report such cases as they occur. Of these, five were committed by Indians, one by a Mexican, one by an insane man, three by colored men, two of women by their husbands, and of the remainder some by parties unknown — all of which could be scarcel}^ attributable to order No. 40. If tlie reports received since the issuing of order No. 40 are correct, thej^ exhibit no increase of homicides in my time, if you are correct that one hundred had occurred in the past twelve months. Tliat there has not been a perfect administration of justice in Texas I am not prepared to deny. That there has been no such wanton disregard of dut}' on the part of officials as you allege, I am well satisfied. A very little while ago you regarded the present officials in Texas the only ones who could be safel^^ trusted with power. Now you pronounce them worth- less, and would cast them aside. I have found little else in your letter but indications of temper, lashed into e:^citemcnt by causes which I deem mostly imaginery, a great confidence in the accuracy of your oavu opinions, and an intoler- ance of the opinions of others, a desire to punish the thoughts and feelings of those who differ from you, and an impatience which magni- fies the shortcomings of officials who are perhaps as earnest and con- scientious in the discharge of their duties as j'ourself, and a most unsound conclusion that while any persons are to be found wanting in aft'ection or respect for government, or yielding it obedience from motives which you do not approve, war, and not peace, is the status, and][all such persons are tlie proper subjects for military penal juris- diction. If I have written anything to disabuse your mind of so grave an error, I shall be gratified. I am, sir, ver}- respectfully, your obedient servant, W S. HANCOCK, Major-Gcueral Commanding. 14 Order of General Hancock revoking a siinimary removal from office, miwlc by liis predecessor, and referring the complaint to the jiulicial tribunals. HEADQUARTERS FIFTH MILITARY DISTRICT, New ORLEAisfs, La., December 4, 1867. Special Orders "I No. 203. / [EXTRACT.] 2. Paragraph 3, of special orders No. 188, from these headquarters, dated November I6th, 1867, issued by Brevet Major-Geiieral Mower, removing P. 11. O'Pvourke, Clerk of Second District Court, Parish of Orleans, for malfeasance in office, and appointing R. L. Shelly in his stead, is hereby revoked, and P. R. O'Pourke is reinstated in said office. If any charges are set up against the said O'Rourke, the judicial department of the government is sufficient to take whatever action may be necessary in the premises. By command of Ma.tor-General Hancock. [Official.] Order ot General Hancock revoking^ the order of his predecessor which interfered A\ath the selection of jurors ; and defining* the true and proper use of military power. HEADQUARTERS FIFTH MILITARY DISTRICT, New Orleans, La , December 5, 1867. Special Orders, | No. 203. • ) [extract.] ■• 2. The true and proper use of military power, besides defending the national honor against foreign nations, is to uphold the laws and civil government, and to secui'e to every person residing among us, the en- jo^arient of life, liberty and property. It is accordingly made, b}' act of Congi-ess, the duty of the commander of this district to protect all persons in those rights, to suppress disorder and violence, and to pun- ish, or cause to be punished, all disturbers of the public peace and criminals. The Commanding General has been officially informed that the ad- ministration of justice, and especially of criminal justice, in the courts is clogged, if not entirely frustrated, by the enforcement of paragraph :N'o. 2, of the military order numbered special orders 125, current se- ries, from these headquarters, issued on the 24th of August, A. D. 15 1867, relative to the qualifications (;f persons to be placed on the juiy lists of the State of Louisiana. To lU'teruiine who shall, and who shall not be jurors, appertains to the leoislative power ; and until the law^s in existence regulating this subject shall be amended or changed by that department of the civil government, which the constitutions of all the States under our repub- lican system vest with that power, it is deemed best to carry out the will of the people as expressed in the last legislative act upon this sul)ject. The qualification of a juror, under the law, is a proper subject for the decision of the courts. The Commanding General, in the discharge of the trust reposed in him, will maintain the just power of the judi- ciar}^, and is unwilling to permit the civil authorities and laws to be embarrassed by military interference ; and as it is an established fact that the administration of justice in the ordinary tribunals is greatly embarrassed by the operations of paragraph 'No. 2, special orders No. 125, current series, from these headquarters, it is ordered that said paragraph, which relates to the qualifications of persons to be placed on the jur}^ lists of the State of Louisiana, be, and the same is hereby revoked, and that the trial by jury be, henceforth, regulated and con- trolled b}^ the Constitution and civil laws, without regard to any mil- itary oi-ders heretofore issued from these headquarters By command of ^Ia.tor-Gexeral Hancock. [Official.] Order siistaiuiug' the jurisdiction of the civil courts over the rights of private pi'operty. Special Orders ) HEADQUARTERS FIFTH MILITARY DISTRICT, New Orleans, La., December 10, ISOT. EXTRACT. 4. Paragraph 3, of special orders Xo. 19T, current series, from these headquarters, issued by Brevet Major-General J. A. Mower, in the matter of the estate of D. B, Staats, is hereby revoked, the local tribunals possessing ample' power for the protection of all parties con- cerned. The property in dispute will be restored to the possession of the party entitled to the same by order of court By cominand of Major-Gexeral Hancock. [Official. J 16 Order to secure the purity of elections, and to prevent mili- tary interference at the polls. HEADQUARTERS FIFTH MILITARY DISTRICT, New Orleans, La., December 18, 1807. Special Okdees ) No. 213. ) extract. I. In compliance with the supplementaiy act of Congress of March 23d, 1867, notiee is hereby given that an election will be held in the State of Texas on the 10th, 11th, 12th, 13th and Uth days of Feb- ruary, 1868, to determine Avhether a convention shall be held, and for delegates thereto, '•' to form a constitution " for the State under said act. IX. Military interference with elections, " unless it shall be neces- sary to keep the peace at the polls," is prohibited by law, and no sol- diers will be allowed to appear at any polling place, unless as citizens of the State they are registered as voters, and then only for the pur- pose of voting ; but the commanders of posts will be prepared to act promptly if the civil authorities fail to preserve the peace. X. The sheriff and other peace officers of each count}^, are required to be present during the whole time the polls are kept open, and until 'the election is completed, and will be made responsible that there shall be no interference with judges of election, or other interruption of good order. As an additional measure to secure the purity of the election, each registrar or clerk is hereb}" clothed, during the election, with authority to call upon the civil officers of the county to make arrests, and incase •of failure of the aforesaid civil officers, are empowered to perform their duties, during the election. They will make full report of such fail- ures on the part of civil officers, to the Commanding General, Fifth Military District, througli the headquarters, District of Texas, for orders in each case. By command of Major-General Hancock. [OfBciai.] On the 8tay of Civil Process. HEADQUARTERS FIFTH MILITARY DISTRICT, , Office of Secretary for Civil Affairs, New Orleans, La., December 20, 13CT. The lion. E. Heath, Blayor of Neiv Orleans : Si'i :— In answer to your communication of the oOth ult., requesting his intervention in staying proceedings in suits against the city on 17 its notes, the Major-General Commanding- directs me to resp.^ctfully submit his views to you on that subject, as follows : Such a proceeding on his part would, in fact, be a stay-law in favor of the city of New Orleans, which, under the Constitution, could not be enacted by the Legislature of the State, and in his judgment such a power ought to be exercised by him, if at all, only in a case of the most urgent necessity. That the notes referred to were issued originally in violation of the charter of the city, cannot be denied ; but the illegal act has since been ratified b}^ the Legislature. The Corporation is therefore bound to pay them; and even if a defence could be made on tecbnical grounds, it would be disgraceful for the city to avail itself of it. Wliy, then, should the creditors of the city be prevented from resorting to the means given them to enforce the obligation ? In support of j^our application j'ou state that the city is unable to pay its debts. This is, unfortunately, the case with most debtors ; and on that ground nearly all other debtors would be equally entitled to the same relief. The Supreme Court of this State has decided that taxes due a mu- nicipal corporation cannot be seized, under execution, by a creditor of the corporation, nor is any other property used for municipal pur- poses liable to seizure. If, therefore, a constable levies j.n execution on such property, he is a trespasser, and the cit}' has its remedy against him in the proper tribunal. It does not, therefore, seem to the Major-General Commanding that there is an urgent necessity which would justify his interference in the manner re(piired. Besides, the ex[)ediency of such a measure is more than questionable ; for, instead of reinstating the confidence of the public in cit^' notes, it would probably destroy it altogether. I am, sir, A'ery respectfull}" 3'our obedient servant, W. G. MITCHELL, Bvt. Lieut.-Col., U. S. A., Sec'y for Civil AflUirs. On tlic Trial of Offenders Against the Laws of the State. HEADQUARTERS FIFTH MILITARY DISTRICT, Office op Secretary for Civil Affair:*, Neav Orleans, La., December 2S,J18CT. His Excellency E. M. Pease, Governor of Texas: Sir: — Brevet Major-General J. J. Re3'nolds, commanding District of Texas, in a communication dated Austin, Texas, Noveml^jer 19, 186T, requests that a military commission ma}' be ordered "fo^r the trial of one G. VV. Wall, and such other prisoners as may be brought 2 18 before it,'' aud forwards, in support of the request, the following- papers : 1st. A printed abcount taken from a newspaper dated Uvalde, Oc- tober , 186 1, (contained in a letter of James H. Taylor, and in another from Dr. Ansell, U. S. Surgeon at Fort Inge,) of the murder of R. W. Black, on the • day of October, 1867. In this account it is stated Mr. Black was shot through the heart by G. W. Wall "while lying on the counter at Mr. Thomas's store." 2d. A letter of Judge G. H. Noonau to Governor Pease, dated No- vember 10, 1861, informing him that "Wall, Thacker, and Pulliam are in confinement in Uvalde coimty for murder." In this letter it is asked, " Would it not be best to try them by military commis- sion ?" 3d. A letter from Governor Pease, dated " Executive , of Texas^ Austin, November 11, 1861," in which the Governor states that he received a telegram from Judge G. H. Noonan, an extract from which I transmit herewith. In the letter of the Governor the^ further statement is made that "Uvalde county, where the prisoners are con- iined, is on the extreme western frontier of the State, and has only about one hundred voters in a territory of about nine hundred square miles," and he then adds, "It is not probable that they (meaning th© prisoners) can be kept in confinement long enough ever to be tried by the civil courts of that county ;" and expresses the opinion that they never " can be brought to trial unless it is done before a military com- mission." Aud he therefore asks that a military commission be or- dered for their trial. From an examination of the papers submitted to the commander of the Fifth Military District, it does not appear that there is any indis- position or imwillingness on the part of the local civil tribunals to take jurisdiction of, and to try the prisoners in question ; and a sug- gestion made by the Governor that it is not probable the prisoners can be kept in confinement long enough to be tried by the civil courts, (and which is apparently based on the fact that Uvalde County is a frontier county, and does no* contain more than a hundred voters,) seems to be the only foundation on which the request for the creation of a military commission is based. This, in the opinion of the com- manding general, is not sufficient to justify' him in the exercise of the extraordinary power vested in him by law "to organize military com- missions or tribunals " for the ti'ial of persons charged with offences against the laws of a State. It is true that the third section of "An Act to provide for the more efficient government of the Rebel States," makes it the duty of the commanders of military districts " to punish, or cause to be pun- ished, all disturbers of the public peace and criminals;" but the 19 ' same section also declares that " to that end he may allow local civil tribunals to take jurisdiction of, and to tr}' offenders." The further power given to him in the same section, " when in his judgment it ma}' be necessary for the trial of offenders," to organ- ize military commissions for that purpose, is an extraordinary power, and from its very nature should be exercised for the trial of oftendei's against the laws of a State only in the extraordinary event that the local civil tribunals are imwilling or unable to enforce the laws against crime. At this time the country is in a state of profound peace. The State Government of Texas, organized in subordination to the authority of the Government of the United States, is in the full exercise of all its proper powers. The courts, duly empowered to administer the laws, and to punish all offenders against those laws, are in existence. No unwillingness on the part of these Courts is suggested to inquire into the offences with which the prisoners in question are charged, nor are any obstructions whatever in the way of enforcing the laws against them said to exist. Under such circumstances there is no good ground for the exercise of the extraordinary power vested in the commander to organize a military commission for the trial of the persons named. It must be a matter of profound regret to all who value constitu- tional government, that there should be occasions in times of civil commotion, when the public good imperatively' requires the interven- tion of the military power for the repression of disorders in the body politic, and for the punishment of offences against the existing laws of a country framed for the preservation of social order ; but that the intervention of this power should be called for, or even suggested, by civil magistrates, when the laws are no longer silent and civil magis- trates are possessed, in their respective spheres, of all the powers ne- cessary to give effect to the laws, excites the surprise of the com- mander of the Fifth Military District. In his view it is of evil example, and i^ull of danger to the cause of freedom and good government, that the exercise of the military power, through military tribunals created for the trial of offences against the civil law, sliould ever be permitted, when the ordinary powers of the existing State Governments are ample for the punishment of offend- ers, of those charged with the administration of the laws are faithful in the discharge of their duties. If the means at the disposal of the State authorities are insufficient to secure the confinement of the persons named in the communication of the Governor of the State of Texas to the general commanding- there, until they can be legally tried, on the fact being made known to him, the commander of the district will siipply the means to retain 20 them in confinement, and the commanding officer of the troops in Texas is so anthorized to act. If there are reasons in existence which justif}' an apprehension that the prisoners cannot be fairly tried in that county, let the proper civil officers have the " venue " changed, for the trial, as provided for by the .laws of Texas. In the opinion of the commander of the Fifth Military District, the existing government of the State of Texas possesses all the powers necessary for the proper and prompt trial of the prisoners in question in^due course of laAv. If these powers are not exercised for that purpose, the failure to exercise them can be attributed only to the indolence or .culpable in- efficiency of the officers now charged with the execation and enforce- ment of the laws under the authority of the State Government ; and if there is such a failure, in the instance mentioned, on the l)art of those officers to execute the laws, it will then become the duty of the commander to remove the officers who fail to discharge the duties imposed on them, and to replace them with others who will discharge them. Should these means fail, and it be found, on further experience, that there are not a sufficient number of ji^rsons among the people now exercising political power in Texas, to supply the public with officers Avho will enforce the laws of the State, it will then become necessarj' for the commander of the Fifth Military District to exercise the powers vested in him, b}^ the acts of Congress under which he is appointed, for the purpose of vindicating the majesty of the law. But until such necessity is shown to exist, it is not the intention of the commanding- general to have recourse to those powers ; and he deems the present a fitting occasion to make this known to the Governor of Texas, and through him to the people of the State at large. I am, sir,^very respectfully, your obedient servant, W. G. MITCHELL, Bvt. Lieut-Col. , U. S. A., Sec'y for Civil Affairs. On elections by the people. HEADQUARTERS FIFTH MILITARY DISTRICT, Office of Secretaey for Civil Affairs, New Orleans, La., December 28, 1867. Lieutenant-Colonel W. H. Wood, Commanding District of Louisiana, New Orleans, La.: Colonel:— I am directed b}^ the Major-General Commanding to acknowledge receipt of a letter from Nelson Durand, (forwarded by 21 you,) stating that the Treasurer of Avoyelles Parish, La., caused an election to be held to ascertain if the citizens of the township were in favor of selling a school section belonging to t'.ie pirish, and request- ing an opinion as to the legality of said election. In reply to said letter, I am directed by him to state that if the provision of the law were complied with in regard to advertisements, the manner of taking the sense of the inhabitants, and legal voters only were admitted to take part, there seems to be no reason why the action should be considered a nullity. It was not, properly speaking, an election, but a waj' prescribed by law of arriving at the will of the community as regards the disposition to be made of certain school lands belonging to the parish. The previous authorization of the Major-General Commanding is not considered necessary. But if the sense of the people was uot duly regarded, (on the previous occasion,) as to the foregoing requirements, the matter should be again i-eferred to them for a free and legal ex- pression of their opinion. I am. Colonel, very respectful!}', your obedient servant, W. G. MITCHELL, ,Bvt. Lieut-Col., U. S. A., Sec'y for Civil Aft'airs. Oil rL P. McMillan and Hon M. Yidal, Special Committee: Gentlemen : — The Major-General Commanding directs me to ac- knowledge the receijit of your letter of the Itth instant, and to state in reply that the second ordinance of the Constitutional Convention, adopted on the 4th of Januaiy, 1868, provides a new mode for the col- lection of the tax, and imposes penalties on defaulting taxpayers. You request the Commanding General to state what his action would be should the civil courts of Louisiana interfere with the col- lectors in the discharge of their duties. In this connection the Commanding General deems it unnecessaiy to repeat what he has already stated in reply to a previous letter con- cerning his authority on this subject. It would be highl}' improper for him to anticipate any illegal inter- ference of the courts in the matter. Whenever a case arises for the interposition of the powers vested in the Commanding General 1)y the acts of Congress, he will promptly exercise them for the maintenance of law and order. I am, sir, very respectfull}', your obedient servant, W. G. MITCHELL, Bvt. Lieut-Col. U. S. A., Sec'y for Civil Affairs. 28 L-etter of General Hancock to General Howard, on the usur- pation of the Fieednien's Bureau. HExiDQUARTERS FIFTH MILITARY DISTRICT, New Orleans, La., February 24, 1868. Major-General 0. 0. Howard, Commissioner of Bureau Refugees^ Freedvien^ and Abandoned Lands, Washington, D. C: General : — Referring to the report of Captain E. Collins, Seven- teenth Infantry, sub-assistant commissioner of the Bureau refiigeeSy freedmen, and abandoned lands, at Brenhara, Texas, dated December 31, 1867, and transmitted by 3'ou for my information, I have the honor to state that I do not understand how any orders of mine can be interpreted as interfering with the proper execution of the law creating the Bureau. It is certainly not my intention that they should so interfere. Anything complained of in that letter, which could have lawfully been remedied by the exercise of militar}- authority, should have received the action of General Reynolds, who, being military commander, and also Assistant Commissioner for Texas, was the pro- per authority to apply the remedy, and to that end was vested with the necessary power. A copy of the report of Captain Collins had already been forwarded to me by General Reynolds before the receipt of your communication, and had been returned to him January 16th, with the following in- dorsement : " Respectfull}^ returned to Brevet Major-General J. J. Reynolds, commanding District of Texas. " This paper seems to contain only vague and indefinite complaints^ without specific action as to any particular cases. If Captain Collins has any special cases of the nature referred to in his communication, which require action at these headquarters, he can transmit them, and they will I'eceive attention." No reply has been received to this — a proof either of the non-ex- istence of such special cases, or of negleet of duty on the part of Cap- tain Collins in not reporting them. It is, and will be my pleasure as well as duty, to aid you and the ofliicers and agents under your direc- tion, in the proper execution of the law. I have just returned from a trip to Texas. Whilst there I passed through Brenham twice, and saw Captain Collins, but neither from him nor from General Reynolds, did I hear anj^thing in regard to this subject, so far as I recollect. There are numerous abuses of authority on the part of certain agents of the Bureau in Texas, and General Reynohls is already investigating some of them. My intention is to confine the agents of the Bureau within their legitimate authority, so far as my power as district commander ex- tends ; further than that, it is not m}^ intention or desire to interfere 29 "with the Freedmeii's Bureau. I can sa3', however, that had the dis- trict commander a superior control over the freedmen's affairs in the district, the Bureau would be as useful, and would work more harmo- niously, and be more in fovor with the people. At present there is a clashing of authorit}'. I simply mention the facts without desiring any such control. The Reconstruction Acts charge district commanders with the duty of protecting all persons in their rights of person and property; and to this end authorize them to allow local civil tribunals to take juris- diction of, and try offenders ; or if in their opinion necessar}', to or- ganize a military commission or tribunals for that purpose. They are thus given control over all criminal proceedings for vio- lation of ihe statute laws of the States, and for such other offences as are not by law made triable by the United States courts. The Recon- struction Acts exempt no class of persons from their operation, and the duty of protecting all persons in their rights of person and prop- erty, of necessity invests district commanders with control over the agents of tlie bureau, to the extent of at least enabling them to restrain these agents from any interference with, or disregard of their prerog- iitives as district commanders. The district commanders are made responsible for the preservation of peace and tlie enforcement of the local laws within their districts ; and they are the ones required to designate the tribunals before which tliose who break the peace and violate these laws shall be tried. Such being the fact, many of the agents of the Bureau seem not to be aware of it. In Texas some are yet holding courts, trj'ing cases, imposing fines, taking fees for services, and arresting citizens for of- fences over Avhicli the Bureau is not intended by law to have jurisdic- tion. General Reynolds is aware of some of these cases, and is, as I have iilread}- mentioned, giving his attention to them. In Louisiana, this state of affairs exists to a less extent, if at all. I am, General, ver}' respectfully, your obedient servant, W. S. HANCOCK, Major-General U. S. Army, Commanding. About the date of tlie preceding letter, however, the time had ar- rived when it was thought necessary by the controlling powers at Washington to supersede General Hancock's administration in Louis- iana and Texas, it being deemed an obstacle in the way of the Con- gressional plan of reconstruction, which contemplated the complete suppression of the civil authorities of those States, and the substi- 30 tiition of military commissions. General Garfield, the chairman of the Military Committee in the House of Representatives, introduced a bill to reduce the number of major-generals in the army with the avowed object of getting rid of Hancock, and thus punish him for his steadfast subordination of the military to the civil jurisdiction. This bill, however, was never pressed to its passage, being deemed b}^ those friendly to its object as too likely to excite a popular demonstration in favor of the persecuted individual. A safer method was adopted. General Grant, having been invested by Congress with extraordinary powers, so as to be no longer respon- sible to the President, his constitutional commander-in-chief, was induced to interfere in such manner with General Hancock's official action as to humiliate him before the people he was sent to govern. This naturally soon led to General Hancock's application to be re- lieved of his command. About this time he wrote to a friend in Congress, as follows : • • • " I hope to be relieved here soon. The President is no longer able to protect me. So that I may expect one humiliation after another, until I am forced to resign. I am prepared for any event. Nothing can intimidate me from doing what I believe to be honest and right." His letter to Governor Pease, in which General Hancock vindicated the justice and policy of his administration bears date the 9th of March, 1868, and on the 16th of the same month (seven days afterwards) he was relieved of his command. IE N 'iO