The Soldiers' journal. (Rendezvous of Distribution, Va.) 1864-1865, 1864-03-23

martial law consists in the manner of its enforce
ment. the latter being swift to execute Judgment
unon its offender, while the former in many in
stances is evaded almost to acquittal. The re-
formation or alteration of old and universally |
admitted principles of law martial or civil, is an
undertaking at once responsible and critical, and
can only be attempted when the most apparent |
and positive causes demand the change; but an |
instance of this kind has been developed recent |
ly which reflects credit alike upon the wisdom
and humanity of the judge. Abraham Lincoln,
President of the United States, has decided in
general order recently issued, that executlonstor
the crime of desertion shall be suspended, and
that all persons under sentence of death for or
all who may hereafter be adjudged guilty of the
crime of desertion, shall be consigned to the Dry
Tortugus, Florida, there to remain imprisoned
until the close of the war. AS instance OF
administrative mercy this action of President
Lincoln will elevate him higher in the moral
estimation of the nation than his able and judi
cious administration of the government. LII is
noble to be just, but it is divine to be merclfu-
The causes which impel the prosecution OF this
war are the highest and noblest that ever 1nsplr-
ed the patriotism or bravery of men, and as the
war is peculiar and sacred in its character, 1t is
meet that the principles by which the details OF
its discipline are enforced, should be controlled
bV the same lofty mOU1VeS. LIE Iueu w uo eHooA
the military service of the country, at this time,
are not actuated by motives of pelf, but with
an earnest desire to assist in the work of rescu-
ing the nation from the destructive Vaccinations
of the rebel and traitor who, after we have con-
ouered him. we will educate to be our brother.
| While under extraordinary circumstances the
| crime of desertion should be punished with
death, the general application of the penalty In
| a war like the one we now waging, would pe
inhuman and unjust however seemingly neces-
| sarv for the enforcement of military dlsclplne.
The ball which tears through the condemned
deserter's heart frequently infiicts severer sur
/ fering upon parents, brothers, sisters wife ana
children, perhaps, than upon the culprit hlmselt,
while only the claims of a usage founded on an
| obsolete system of barbaric warfare are salts
fed in the lifeless body of citizen and patriot.
However fragrant the crime of the deserter, his
incarceration in q prison lonely island, will
be quite as effective preventive of the practice
in others as his death could have been, while the
sensibilities of the innocent will be spared the
liberation which his execution must necessarily
| entail.
The President, in assuming the position OF
humanitarian, in the face of seemingly necessary
and standing military usages, although not un
precedented, has given an example of phllan
| tbrophy which the rulers of every nation in the
world might with propriety initiate, while to tn
: American people he has added increased lustr
to his eminently just and patriotic admlnlstra
9 ton by this edict of executive clemency.
g THE SOLDIERS JOURNAL has been the supJec
: of numerous and highly commendatory notice