Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-07-14

The following general order appeared in
our telegraphic columns yesterday morn


GEN. GRANTS LAST ORDER
The following general order appeared in
our telegraphic columns yesterday morn
ing;
HEAnQuARTERs or TIE Array. !
ADJUTANT GESERALs OFFICE.
WASHINGTON, July LIST, 1861
General Order No. Al
Department district and post commanders Of
States lately in rebellion. are hereby directed Ia
arrest persons who have been OF may hereafter be-
charged with the commission Of crimes and
ofenses against officers, agents. citizens and in
habitants Of the United states. Irrespective Of
color, in cases where the civil authorities have
failed 30 arrest anu bring such parties 60 trial. and
10 detain them in military confinement until such
time a proper judicial tribunal may be ready
and willing to try them. A strict and prompt en-
fOrcement Of this order Is required.
By command Of Licut.-Gen. GRANT:
(SgneD J.. d. TowNsESD, A. A. G.
We stated, yesterday, simultaneously
with its publication, that this order
is capable of a construction which
would lead to a wide latitude of military ar
rest for all imaginable ofenses, and implies
that there was a general distrust of the civil
authorities in the States lately inrebelliOn.'
We desire to say something more Of it, in
relation TO It's effect and object
If in the Estates lately in rebellion" the
civil authorities fail to arrest persons guilty
Of Grimes and ofenses" against any class Of
persons, these authorities have done wrong
We justify nobody in such action. Such
civil officers should be deprived of their
commissions and expelled from Office.
But we have no evidence, either from the
public prints or privately, that any civil
officer of the Estates lately in rebellion
has failed ''to arrest such persons, upon
proper legal complaint, under the laws OF
the States where such offenses have been
committed. Gen. GRANT furnishes none.
He issues a general order" which may or
may not be justified, and the whole Ameri-
can people must accept it, whether just Or
unjust. To say The very least, this is new
order Of proceeding in the dispensatiOn Of
Justice between man and man. If there was
a foundation for il all, it was in the fact that
some one or more of the persons in "the
States lately in rebellion" had failed in their
duty. The lac in such cases would be the
dismissal of the delinquent in the manner
prescribed by lac, and the appointment of
another in his place To this we would have
no objection.
II, however, We understand the purport of
the order of General GRANT, it is to take
the judicial functions out of the hands of
the civil tribunals and place them in those
of the military. Not that the military
should proceed to trial; but that this branch
Of the government shall supervise and judge
of when the civil shall correctly perform its
duty. In case the military is dissatisfied
with the mannerin which the civil authority
discharges its functions, it shall step in and
take charge Of the parties against whom 1t
may have complaint, and hold such parties
in custody until civil tribunals are obtained
that will try and administer the punishment
which the commanders Of districts and posts
may adjudge due and proper. What else,
we would respectfully inquire, does the or
der mean, when it says, Gin cases where the
civil authorities have failed 10 arrest and bring
such parties to trial, Department, District and
Post commanders shall arrest "and detain in
military confinement until such time as
proper Judicial tribunal may be ready and WiI-
ling 10 try them" Who is to be the Judge in
the case? Who shall determine when a
crime has been committed, or when it has
been properly tried and punished? I'm
questionably the Department District and
Post Commander" They are not to try
the matter themselves, nor refer it to Courts
Martial or Military Commissions to
apprehend every person whom a post COM
mandant may fancy to be going "unwhipt
Of justice" and hold him in a military dun
geOn, until that post commandant is satisfied
that there is Tribunal" which will give
such punishment as the post commandant
may fancy to be just and proper. We know
not how more completely the criminal law
of the land could be wrested from the civil
and turned over to the military jurisdiction.
1t is a reversal of the rules of peace, and a
resort to the rules of open, fragrant war.
Has anything occurred in the entire South
that justifes this order? We are not at war,
and Gen. GRANT, if nobody else, ought to
know it. We are 10th to believe that he is
aware Of the full force and effect his order
will have at the South; but it is so worded
that it will be made the instrument, in the
hands of any one vested with "a little
brief authority" fer placing the militia
" over all other power in the Southern
States. We are sure that whatever reason
induced it was merely local; and insuch
Use it should have been special instead !
# general" We hope it may be modi- |
led to this extent; and if not, we have |
right to know the reasons which required |
o sweeping an imputation against the entire |
,eople and judiciary of the South.