The New York herald., 1862-12-29

DAY, DECEMBER 20, I8(
Commercial centre Of vast territory, and nothing
be more evident than THAI Of the kind referred
70 win constantly become more and more nu-
msros iuportant and esnpiicatsd And these oses VIII
sqdsnty demand not only careful and unprsjudosd but
immediate, dsClsoa. The great dssnce or this oommsr
ci csotrs Of The Southwest from Washington renders
mpossbls for the departments Of ths government u aot
upon them with tho proapsass whioh vr often b. 70
qusts, Il does not also prevent that full ans clear
dsrstandng cr al the circumstances and facts which
might b gained BY iyint among tho events 70 be
Adjudged.
Not only Of this kind. Involving the rightS
and duties Of foreigners, TO arise and demand
nest and thorough investigation but the whole judicial
systsm Of this vast district will require careful attention
and modification. Tho overthrow H the pretended
authority OF the Confederate government and
Of the tribunals which enforce that authority
viii neosssarily be followed by interim Of sovera'
months before the old orderof things fully ssab
shsd and the lawfully constituted tribunals once moro
cot up under the constitution. The government. would
seem, has considered whether during ths interim the
territory question shall bs subsssd 70 martial aw and
military tribunals, whether independent and tempo
rary civil power shaf established and haa dstsrosa
upon ths latter course.
From thsss explanations the reader III probaby get
general idea Of the mission OF Judge Peabody He v.
bsisvs. seshsA with susAetye sdjadas III casss Of
the nature consdsred and 70 gats the tho Temporary
judicial authority ia the trstcsr easeady sdd
/ 10 be acquired In the Southwest.
JUDGE PslsoDrs rows1 r1ssAxr AND Yun.
Hs might, perhaps, be llsA ihs judicial ascntsf the
sovernmsus: But hs Is mslb4nan 6at "'whaf u moss
nsteworthy In The ID, his powers arc peaaFy and
Anal From bis decision there be no appeal 70 the
ct Washington. 50 far - the district over
which his authority extends csoccrned he s NOT only
the local and the State court but hs ID tho supreme
court Of the United Satesthe alpha and tho omega q
judicial power He b not much the representative Of
the government a. hs 10 tho government itself. He
speaks not only In ~ name but with its whole force and
authority he stands In ts place and wieds It's pswsr
he uters its voice. and from his words there s ap
peal He h Of course responsible 70 the President Of
tho Cncd Status for the in which ths unlimited
power b exercised, aad may be removed Tor its abuse
but while hs holds the position no is supreme.
Az there precedent IN history for circum.
under which this extraordinary power has been
bestowed Co. believe there for the power itself
The States to be affected by this arrangement having
thrown on thoir allegiance 70 the governnent the Pres
dent before tho OF regularly constituted
courts and local legislatures s OF tho embodiment
OF the civil power he is the Legislature and the court
and II understand the under consideration the
President has delegated aud transferred his power over
those States 70 Judge Peabody.
glance the map win show the reader the immense
stretch territory which this authority viii
be extcaded the plans Of this and other expeditions
successful. General Butler has already acquired
possession Of large part Of Louisiana west of the Mssis
sipii. II suppose General Banks army 10 operate
successfully In conjunction with General MoC.ernand's
army descending the river tho entire Southwest must
ha arad M Of
government and Louisiana, Texas Arkansas Mississippi
and Alabama the nag and authority Of tho
United States re.establsbed their SOIL TeKas Of It.
ssf has two hundred and any thousand square miss
tract sufficiently extensive 70 make nearly six States
large New York. and Ill the vast stretch q soil
comprised BY the States named will, presume come
under the authority Of the Judge.
NEW ORLEANS 10 THE JUDICIAL cnsrRz.
OF this great country forming in :.se an immense
prs, New Orleans WILL Of course. form tho commercial
centre and consequently the Judicial centre This city,
presume Therefore viii bc the Judges base OF opera
onsths headquarters from which VII, be regulated ths
judicial system throughout the whole territory.
So fAr = have been able to form opinion Of IL
powers and instructions Of the Judge, he clothed with
the largest discretion ii tho dscsisa of legal questions
and whAs expssaed 70 dsssrmns them accordance
with tho law q TIE land, fAs = such law
mag - consistent with tie pubic eood, I
-
,ssssr q the law 70 legal FORMS o. ths contrary n
cass should arise n which the letter of The law should
run contrary The public good, Tho Jsdgs, thtpk has
powss say a." is true that Vie law says thus and so
but che suoh that the public interests
would bs mper,led By IL rigid snforssnens. and -
therefore sst aside" think u win bs found that such
are the discretionary p9wsrs vish which the Judge b
coshs and that IN the settlement Of questions involving
tho interests q foreigners these discretionary powers
wiIbersaftsr be employed
M LOCAL oorRm Ho1 10 plsrramp.
So far a the judicial system and local courts of
the district are concerned, believe m is mot
tho purpose OF the Judge 70 make any radical or
violent changes, unless they absolutely 70
qaired by the interests Of the government and Of
tho people whose rights are to be Affected BY thsu but
rather quietly establish system which shall 90 fr
As possible represent the wishes OF the Union popua
ton.
lido not know that Judge Peabody has direct authority
appoint judges for the various courts which will have
70 be established IN different parts OF his district But
uch authority would be logical sequence Of the powers
with which he undoubtedly closhed-wculd In fact be
necessary order to enable him exercise those powers
and make doubt thai he will hereafter he does
ay psssss sssa TINS az soon % kog Or grant
Judging from tho general tenor OF his Insruc
tioas, as I onderstand them, ! shoad say Is
as he shall find consistent with tho public interests
from the residents n the States and cities n which the
courts are located But when II shall be his opinion
Inconsistent with the public interests he will course
exercise his discretionary power, aud select stran-
gers for these In Short he VIII undoubtedly be
guided by the circumstances In each Individual case for
the spirit hs mission settle every cause and
determine every question In accordance with
the claims OF Justice; and therefore II is that he
clothed with 90 wide discretion and such plcnary
power.
The position in which the Judge has been placed s GER
tainy one Of the greatest possible responsibility Il s
the most extraordinary Its proper exercise viii
require not only lawyer OF varied learning, but
OF great good common sound discretion acute
judgment. quick perceptcns lively Of justice,
earess dcsrnnation prompt decision and noorruptibe
integrity. The Geld which opens before the Judge
ainy sufficiently large 10 crafty the most vaunG
bition, and tho exercise oe his duties be will have
great opportunity 10 win the applause Of his csuntrymsu