New-York daily tribune., 1865-08-14
NOT A GOOD CASE.

We are known to be among those VINO de'
cidedly demur to the subsection Of civilians IN
time Of peace to shoulder-strap rule 1t Is not
consistent with the genius of popular govern
ment, and we are doing what we can to rid our
country of the remains of it at the earliest pos
sible day.
But some Of our cotemporaries, in their eager
ness to make party capital, are running the
thing into the ground" Here is an example:
"A few days ago, citizen of BROOKLYN Republican
dyed in the wool. and therefore no Copperhead nor
traitor, was arrested without waIrsnt VI 10" y,
smuggled to q prison at Albany and. when writ OF
Haeas Corpus was sued out to bring hun before tne
Supreme Court he spirited off ~ the Dry I0rtugss
where he is undergoing the t0rtnres ot DIolIe
atmosphere and pestiferOus climate, "a leion WIN
out having had trial such the law has hitherto e1
tended TO the yiest criminal II such atrocities are
perpetrated in midst whose lie or liberty saIo
for an houri Yet such is the tenure upon when every
American citizen holds the enjoyment of MS liberties
aud the safety Of his person. ANY one oftne myrisu
hreings and perjured wrctches who generate In an at
mosphere Of tyranny. like maggos In putrd carri9n
may, for few dollars OF the blood mcney ospsnseG "
the War Department have any one OF Us immured 10
dungeon beyond the reach OF justice or process OF law
Such is the new system Of government under which we
liver 49,
MFR. Charles W. Cheshire, the . victim IN
this case, solicited and obtained OF the war
Department the highly responsible post OF
Provost Marshal. q purely military office,
giving him large control over the liberty and
property of his fellow-citizens. The act au'
thorizing the appointment expressly, and
with obvious propriety, subjected him to mar
tial law, precisely, as though he had been a
captain of cavalry" in the field, instead OF
earning the pay and allowances of one by MILL
tary service at home. In his official action.
he is charged with having grossly and most
corruptly defrauded the Government and abused
its confidence, depriving it of the military SER
vice which was its due aud filling his own
pockets to repletion, by corruptly dischsrging
and screening from conscription whoever was
able and willing to pay him therefor For this
most hagrant crime against his country, and
especially against its poorer citizens, one OF
whom was constrained to 60 to the front for
every richer man whom Cheshire for money
exempted he was arraigned and tried before
Military Court, convicted, sentenced, aud is
now expiating his felony as q prisoner at the
Dry Tortugas. 1t would cost US q prodigious
effort to get up the smallest sniyel III his
behalf.
OF course, We are not arguing that 1t was
wise 10 eyade the writ of Habeas Corpus issued
in his behalf, nor anything OF the sort. And,
if he had been simple civilian, who had been
brought within the scope of Military justice y
by selling the Government provisions or NUM-
tons, we should have deemed it wiser to send
him before all ordinary civil tribunal, even
though it were possible to hold him to trial by
Court-Martial. But this man was strictly and
clearly Military subordinate of the Govern
ment--he had chosen to be so employed with
the act and its penalties plainly before his eyes.
To talk of his treatment as one of the "atrocl-
ties" and assert that "any one OF us Is subject
to the like, is simply to make resistance to Mill
tary rule ridiculous.