The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1865-08-12
Mr.. Cheshire,s Case.


Considerable interest is manifested in
New York concerning the case of Mr.
CHESHIRE, who was kind of recruiting
agent and supervisor of the bounty fund
in Kings county of that State. He was
a civilian, and had never been in the ser
vice of the United States He was ac-
cused of fraud and malfeasance in office,
and was arrested and tried by cOnrt-mar-
tial. The question of the jurisdiction of
the court was argued, and several mem
beers of the court expressed their person
al doabts of the legality of their proceed
ings, but they were acting under the Or
ders of the Secretary of War, and were
compelled to persist in course which
they themselves believed to be wrong
Mr.. CHESHIRE was found guilty and sem
fenced to one years Imprisonment in the
Albany peuitentiary Hewas according
ly conveyed thither by militia ~ guard
and, without legal commitment, received
by the officer in charge of that institu
ton. His friends went before Judge
LOTT, of the Supreme Court of the State
of New York, and procured writ of ha-
bcas corpus for bringing Mr.. CHESHIRE be-
fore a civil magistrate for examination.
The writ was served upon the officer in
charge of the Albany penitentiary, and
he refused to obey it. After his refusal
to respect the order of the Supreme
Court, party OF soldiers took Mr.. CHEsH-
IRE from the penitentiary and convey
ed him to New York, whence he was TAX
en-, under military guard, to the Dry Tor
tugas. where it is supposed that he will
be out of the reach of civil process.
1t seems to be useless tohold courts any
more or any longer keep up the pretense
of civil government. 1t is true that the
war is over, there is no Invasion" of any
portion of the territory of the United
States, and ordinary mortals cannot see
that "the public safety" any longer re-
quires the suspension of civil rights. 1t
has been generally presumed that when
the reason for any practice ceased the
practice itself should cease, and the rca-
son for the first suspension of the writ OF
habeas corpus having passed away, it
would seem to persons not deeply versed
in the mysteries and designs of the wal
department that the privilege of the
writ should be restored. But in this, as
in some other things, the edicts of the
war department are superior to the laws
of common sense, and we presume that
the civil courts will remain imperative
just so long as Mr., STANTON wills it to be
so. But until he changes his mind, until
in the plenitude of his sovereign grace
he condescends to permit the people OF
these United States to be governed i'll
accordance with lap, we respectfully sub
NIT that it would be better to discOntin
ue our civil courts. The judges and law
yers can probably engage in some branch
of manual labor by which to support
themselves until, if ever, the law is re-
stored to its former power. By this means
the taxes Of the people will be somewhat
lightened aud we will be better able to
pay the national debt,
This Mr.. CHESHIRE of whom We have
spoken was prominent Republican,
doubtless member of the Loyal
League" and Judge LOTT is also, we be
lieve, member in good standing in the
Republican party. 1t seems therefore
that none are wholly exempt from the
control of the Bureau of Military Jus
tice," but that even loyal" men may
sometimes be sent to the Dry Tortugas