New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-01-24

the daylight Of public contempt. Inc boy !" ho'
over nineteen years Of age and lac twice been 'ree"
by the man who now claims his uurewarded ser'ic'
for life. His mother was emar cipated after ire
birth Of this child. lie was sick'y, and Unlikely 10
live. Mr.. Tidugs promised The moper 'ha' y.
should lie fee if lie recovered; and when the emu
grew strong, he brooks his promise Soon si'eT""''
he ,ickened again, and the treacherous mas'et 'e-
newed lis promise, only TO break 1t the teeoho "ie
After wears Of Illness, during winch ihis "'eo" Dao
the incredible mesruoss to allow the mother 10 sup
mort and care for the child at her own expense, he
again seized and euslavod him.
If Ger. Sherman supposed himself TO be acting
the order ofthe Secretary ofWar the order might
;ns,iry him 10 ia own conscience az soldier, for II
is the dsgrace # tie regular ARMY, and one OF the
strongest arguments az inst the system, that an order
stands loau officer in the place Of private, eonvlc-
tons of duty, controls lis contceuce, and in bis
opinion role asses him hom all moral responsibility.
But | understand that Gen. Sherman considers that
in ils reodcn lie discharged constitutional obhga-
ton He must tlerefcre not les than the Secretary,
accent the full responsibility of the surrender. L.
seems incredible that any officer IN Gen. Steruan's
position could suppose himself constutonally bound
to return q fugitive, yet the history Of this war ID
shamefully filled with instances Of military slave
hunts By Generals of every degree of cal acy from
Mcclellan down to Stone.
1t is useless to argue plain question: but let me
state in four sentences the legal rights and wrongs OF
tie case. Gen. Sherman considers himself bound,
under the Constitution, to return fugitive. Tie
first answer is, that ss General commanding lie Is
SUPERIOR TO the Constitution and military necessity Is
IL ,,.it, f.rse NJ he
parcl ment. and the answer liz no less conclusive.
The instrument nowhere c0nfeIs tie power on "a MI
ary officer 70 surrender fugitive. Tie infamous
Fugitive Slave act declared 10 he CONSTITUTIONAL ny
almost every Court in tie lard expressly Ieposestle
jurisdiction Of cases under II IN tribunal constituted
10y is proysions and by implication OF law GENES IL
10 all Others. There is therefore, no authority IN
the Constitution nor laws under IT, for the surrender
by military authority. But the House OF kepre'
sents,ives has in terms declared il 10 be no IaIt OF
the duty Of the army TO return fugves, ard tie IN
structors Of the War Department are III accordance
with that resolution. So shat, not only without au-
thority. but against all authority, was hs Outrage
committed ard Gen. Sherman il responsible to biz
military surerior whose Instructions be has dsTe-
carded; to Congress, whose declaration lie has de-
fled: and TO the nation, whose conscience he has
forgotten.
| wish to do Gen. Sherman justice. | cannot dis
enise my opinion Of lie act, nor for any reafon
hesitate to deuounce the rendition OF fugitive, but
an boui to add Il at | believe he conscieDtously
1 endeavored to Go only what lie deemed TO be hlS
duty. He sincerity Of purpose is unquestlonabe,
but the character sId eonsequences Of his mfiaAen
views Of duty are none the less depoisble. Con-
corning such circums ances it is impossible 10 he
silent, but regret extremely that | am compelled
TO relate them. regret it eelecially because Of tie
influence Of such on act on his reputation at tie
North al plomeut when public opinion might other
wise have advanced in q very different direction.
Let me pass from This To explain Why remark
ING only that, whether military suboIdinaton or
private conscience induced this surrender DO not
believe either will compel him 10 make another
The proclamation OF Gen. Sherman TO South Car
DINA announced 10 the ,urprsed and disappointed
North the policy which he had determined for the
conduct of lie expedition. Since lie istue, no Official
declaration has Indicated change IN bis views.
Nevertheless, there is room 10 think that circnin-
Stances have considerably modified Lis o. uion, and
that since tie coItentuous rejection Of Lis conci!'
tory oyertures lie has come to re- ard the military
necesities Of hs petition superior TO bis Political
obligations or memories Of hos itaiy. The Iurlose
Of the Administration, it il tsd, Is TO leave io Tie
present u the Generals commanding dc Yaftnonts the
decision Of question, AIRING in reference 10 slavery
On any ether Il cory it s easy TO understand Low
{ the nhun1nity Of Ualeek, the hearlcss diplomacy
= Of Dix, snid the indecisve uiteranoes Of Sherman,
could have been authorized Teimilted at the
moment. Another explanation may, perhars be
4 found in the belief that the Of Government
are directed on comprehensive system, hut are left
, TO be guided by circumstances in different depart
nents in other words that events ere tie only ideas
Il Of the Cabinet In either case, tie General IL likely
10 be responsible for nomiDaiy IN obedience 10
oriers and to be idd responsible for their failure.
II, then Gen. Sherman is to be left substantially
g TO bis own dieretiou believe may hope Tor very
different results from o.e indicated by the term Of
8 bis proclamation, and the subsequent lesilalion
which seemed 10 have arrested our ut tie mo-
ment when vigorous movements would have proved
them ever, where invincible Having heard some
tine since that Gen. Sherman was inclined TO adopt
more energetic policy than be had Hitherto favored,
took the best meaus in my power to atceriain his
real opinion sDd was satisfed that that stat, nenI
was correct. / add the following, which / am
| equally sure are exact;
/ The proclamation was honestly intended 70 give
South Carolina, whatever part Of it true 10
tie Union opportunity TO declare It's allegiance,
aud 10 hold ont 10 disloya citizens all possible in
ducements to return to their duty. Ii il was not
really expected by its own force to restore to the
Union the rebellious State it was deemed expeiient
for the complete Qualification Of such extreme