The national Republican., 1867-02-21
THE BRIGADIERING POLICY
OF CONGRESS.

strongest Republican journals in the country,
had on Monday strong article under the
above caption. The despotism Of the mill
tary bill is the subject. We copy from II the
following extracts:
I'VE must confess that we do not see the
evidence in the proceedings Of Congress Of
that clear understanding Of its high and deli
cate responsibilities; or among the people
who support Congress that enlightened con.
sciousness Of the mistakes OF that body that
We would desire to see. The military gov
ernment bill which has passed the House Of
Representatives must be ranked as an ex-
treme and dangerous measure, If not as O
great crime done in the name of liberty.
Perhaps part Of the public apathy we see
may be accounted for on La Rochefoucauld's 8
maxim that I'VE bear with equanimity other
peoples troubles but il is time this propo.
sition to make paramount and eternal the
rule of Brigadiers over the South should be
analysed.
"The preamble gives as the reason for the
bill that the Southern State governments
afford no adequate protection for life and
property &C., and that 1t is necessary that
peace and good order should be enforced in
said States If local governments may, at
any time, he oyerthrown by act Of Congress
when a majority may think such state Of
things exists, every one Of our State govern
ments is absolutely at the mercy Of Congress.
Here is no pretense Of organized resistance
to the Federal Government; no pretense
that q single battalion or troop is in arms
against us from the Potomac to the Rio
Grande; no pretense that there is any other
disturbance than prevalence Of crime which
is unusual, and an unwillingness Of courts
and juries to punish it, yet on this Congress
is to assume the right to overthrow the local
governments, to declare them pretended, SO
that our warrant may be given to every
criminally disposed person to treat their laws
as null, and their courts as without authority,
and after thus offering premium for crime
and general lawlessness, to turn them over
to martial law.
The Union party conventions in 1865 in
dorsed the provisional governments Of the
South, and the reconstruction policy based
on them, and has thus plainly recognized
these governments as something more thar
pretended and by an acquiescence Of two
years we have precluded ourselves from deny
ing that they may rightfully exercise all loca
authority and have legitimate existence, unit
in some due process Of law-civil law-theJ
are legitimately and constitutionally changed
or until some new and real mot pretended
insurrection, shall make the interpostion o
military force an actual necessity"
But whether Congress knows il or not
Gen. Grant and the army perfectly under
stand that the President is their superior
military officer, whom they are implicitly
bound to obey by the first article Of the Army
Regulations, and whom they have each sol
emnly siUorn to obey under the tenth Of thu
Articles Of War They know, moreover
that if they disobey they may not only bC
courtmartialed and shot, (under the nintl
Article Of War; but for any hesitation OF
| dsobedience they may be summarily stricken
from the army list. These enormous powers
Of absolute military despotism over ten States
are therefore not put into the hands of the
army only, but into the hands Of the one
man OF all others who is regarded by Con
gress with hatred and dstrust and whom
they would gladly deprive of the power Of
appointing even petty postmaster in the
Northern States.
THE third section Of the bill leaves all
recognition Of the local courts and uuthori
ties entirely to the discretion of the brigadcl
general commanding the district and makes
it his duty, besides suppressing insurrection
10 protect all persons IN their rights of per
son and property and TO punish all DIS
turbers Of the public peace, and criminals !;
in other words, he shall have unlimited
power, both judicial and executive and alb
solute jurisdiction over all sorts of causes
both civil and criminal. If he chooses to SCI
aside all local governments and courts (al
under this law he may) he and his subordi
mates will try every drunken rowdy wht
should go before police court as well u
every one charged with theft, burglary o
murder; they will try, also, every civil cause
from On action in replevn to a divorce 70
all rights Of person and property they ar
to protect. The whole elaborate machiner,
OF government, executive and judicial, and
for that matter, legislative also, is thus con
centrated in the hands of the brigadier com
manding."
The utmost protection, then, for life, is tn
discretion Of the Brigadier; the utmost pre-
lection for property is the discretion of an
boy with the commission Of Second Lieu
tenant, who may be sent with squad of me-
into any county; for the approval of tn
commandant of the district is all that /
necessary for the infiction of capital punish
ment under the fifth section, and no approva
or restriction whatever is required in civi
cases. In estimating the probable usefu
ness of any effort to appeal either to tn
President or Gen. Grant, or to any tribuns
or body whatever we must not forget tina
the terrors of military commission are be
fore the eyes Of any one who may make sue
effort, and the attempt itself may be mad
a crime for which he must suffer. The bi
says cruel and unusual punishments' sha
not be inflicted, as if that would protect an
one without definition Of what shall be n
garded cruel or unusual for military con
mission, or providing for some appeal whic
the accused may not make in vain. I'll
gutllottnes of France did not drip Nth bloc
because the acts passed by The National A
sembly iCere cruel in their terms, but becdus
they established irresponsible tribunals ,cit
unlimited po,0erS; but none, not even tn
Committee of Public Safety, was so irr,
sponsible or so powerful as this dictatorshi
which we propose to install over one third {
the American nation"
: "lf no considerations of general justic
l will make Congress pause, one thing, at leas
, should make them careful If this despoti
power is to be in the Presidents hands an
If he is what they believe him, the sharp
the sword may be turned toward the loyt
men Of the South, instead of the rebels fc
= whom ii was drawn"
A Hcart-Sending Episode.
| The I.nn1nn lTorDjO0 HeroI,ps ,nilitnr