WASHINGTON, D.C., _December 18, 1867_.
_Gentlemen of the Senate and of the House of Representatives_:
An official copy of the order issued by Major-General Winfield S.
Hancock, commander of the Fifth Military District, dated headquarters in
New Orleans, La., on the 29th day of November, has reached me through
the regular channels of the War Department, and I herewith communicate
it to Congress for such action as may seem to be proper in view of all
the circumstances.
It will be perceived that General Hancock announces that he will make
the law the rule of his conduct; that he will uphold the courts and
other civil authorities in the performance of their proper duties, and
that he will use his military power only to preserve the peace and
enforce the law. He declares very explicitly that the sacred right of
the trial by jury and the privilege of the writ of _habeas corpus_ shall
not be crushed out or trodden under foot. He goes further, and in one
comprehensive sentence asserts that the principles of American liberty
are still the inheritance of this people and ever should be.
When a great soldier, with unrestricted power in his hands to oppress
his fellow-men, voluntarily foregoes the chance of gratifying his
selfish ambition and devotes himself to the duty of building up the
liberties and strengthening the laws of his country, he presents an
example of the highest public virtue that human nature is capable of
practicing. The strongest claim of Washington to be "first in war,
first in peace, and first in the hearts of his countrymen" is founded
on the great fact that in all his illustrious career he scrupulously
abstained from violating the legal and constitutional rights of his
fellow-citizens. When he surrendered his commission to Congress, the
President of that body spoke his highest praise in saying that he had
"always regarded the rights of the civil authorities through all dangers
and disasters." Whenever power above the law courted his acceptance, he
calmly put the temptation aside. By such magnanimous acts of forbearance
he won the universal admiration of mankind and left a name which has no
rival in the history of the world.
I am far from saying that General Hancock is the only officer of the
American Army who is influenced by the example of Washington. Doubtless
thousands of them are faithfully devoted to the principles for which the
men of the Revolution laid down their lives. But the distinguished honor
belongs to him of being the first officer in high command south of the
Potomac, since the close of the civil war, who has given utterance to
these noble sentiments in the form of a military order.
I respectfully suggest to Congress that some public recognition of
General Hancock's patriotic conduct is due, if not to him, to the friends
of law and justice throughout the country. Of such an act as his at such
a time it is but fit that the dignity should be vindicated and the virtue
proclaimed, so that its value as an example may not be lost to the nation.