The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1866-07-19
GENERAL GRANTS LAST ORDER,

! EENSHdL G GHHNI LAST OHDER.
We havo been looking over our Southern
exchanges, endeavoring to learn the public
sentiment in regard to General GRANr's last
order. Our readers may remember the or
der in question, but that they may again
be possessed of its bearing we present it be-
low:
HEADQUARTERS THE ARMY,
| ADJUTANT-GENERALs OFFICE
l. WAsHINoToN July l, 1861.
| Department, district and post commanders. of
States lately in rebellion, are hereby directed to
arrest persons who have been or may hereafter be
charged with tho commission of crimes and Of
fences against officers, gents, citizens and inhab-
itants OF tho United States, irrespective of color
in cases where the civil authorities have failed to
arrest and bring such parties to trial. and to de-
tain them in mill ary confinement until such time
as proper judicial tribunal may be ready and
willing TO try them: strict and prompt enforce
| ment of this order is re luired.
| By command of lieutenant General GRANT.
(Signed) E. d. TOWNSEND, A. A. G.
A Nashville exchange says that the order
'is capable of a construction which would
lead to wide latitude of military arrest for
all imaginable offences, and implies that
there was @ general distrust of the civil au-
thorities in the States lately in rebellion"
So it seems to US.
If in those "States lately in rebellion" the
civil authorities fail to arrest persons guilty
of "crimes and offences" against any class of
persons, the authorities have done wrong, and
such civil officers should be deprived of their
commissions and expelled from Office. We
can testify that, 80 far as we have yet seen or
heard, we have learned of no evidence that
my such officer in the estates lately in rebel
lion" has failed to arrest such persons upon
proper complaint, under the laws of the
States where such offences have been COM
mitted. General GRANT furnishes none. He
issues general order" which may or may
not be justified, and the whole American peo.
pie must accept it, whether just or unjust. To
say the very least, this is a new way of pro-
ceeding in the dispensation of justice between
man and man. If there was foundation for
it at all, it was in the fact that some one or
more OF the persons in the Estates lately in
rebellion" have failed in their duty The la,D
in such cases would be the dismissal of the
delinquent in the manner prescribed by laap
and the appointment of another in his place.
10 this we would have no objection.
II, however, we understand the purport of
General GRANTS order, it is to take the iu-
dioial functions out of the hands of the civil
tribunals and place them in the hands of the
military-not that the military should pro-
ceed to trial, but that this branch of the Gov
ernment shall supervise and judge of when
the civil shall correctly perform its duty. In
case the military is dissatisfied with the man.
ner in which the civil authority discharges
it's functions, it shall step in and take charge
of the parties against whom it may have oom-
plant, and hold such parties in custody until
c'vsl tribunals are obtained that yiU try and
administer the punishment .ohieA THE COM
MANbERs or DISTRICTS AND POSTS MAY AID.
JUDGE DUE AND PROPER.
What else, we would respectfully ask, does
the order mean, when it says, in cases where
the civil authorities have failed to arrest,
department, district and post commanders
shall arrest and detain in military oonfne-
ment until such time as proper judicial tri-
bunal shall be ready and aUilling to try them" 2
Who is Ito be tho judge in the oase9 Who
shall determine when crime has been com.
mitted, or when it hos been properly tried
and punished? UDquestionably the s'depart-
ment, district and post commanders" They
are not to try the matter themselves, nor re-
fer it to court-martial or military commits.
sons, but to apprehend every person whom
post oommandant may fancy to be going Gun
whipt of justice" and hold Linn in p military
dungeon until that post comma,dant Is salts.
| fed that there is tribunal which will give
such punish hment rs the post oommandnnt may
fancy to be just and proper. We know not
how moro completely the criminal law of the
| land could be wrested from the civil and
turned over to. the military jurisdiction. 1t
is q reversal, as the Nashville Union and
american justly saya, of the rules of peace,
and resort to the rules of open, fragrant
| war.
Has anything occurred in the entire South
that justiies this order9 We are not at war,
and General GRANT, if no one else, ought to
know it. We are 10th 10 believe that he is
aware Of the fu | force and effect his ord,r
will have ut the South but it is 30 worded
/ A La u