The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-05-10

ueheral Sherldan is held justified on the
ground that their positions would unques-
| uonably be used adversely to the law
The orders of Gen. Sicldes, altering the civil
and criminal codes of North and South Caro-
Ina, were of more doubtful character. To
the extent that local statutes conhicted with
the provisions Of the Civil Rights act, the
Ueneral,s interference may have been neces-
sary, But there is nothing that we know Of
| in that act, or in the Reconstruction act.
which, in letter or spirit, warrants a com.
| mandlng officer to say what offenses shall be
| felonies, or how oifenses shall be punished; or
\ which, by any process of reasoning, can be
made to justify interference with the claims
of creditors, or the disposition to be made of
property subject to liens. And yet the orders,
although extraordinary and on their face
unlawful called forth no protest from the
communities concerned, and only exceptional
condemnation from the press of the country.
In the Carolinas and throughout the Southern
States there has been an evident desire 10
judge the orders charitably-to attribute their
promulgation to peculiar local circumstances
best understood by the commanders of the
districts, and in some degree also to humane
desire to mitigate the penalties of poverty, so
far as these may be affected by the operation
of law.
In Virginia, military authority has mani
tested itself in forms that are wholly mex
cusable. The order of General Wilcox for
bidding fellow who has neither character
nor talent to deliver a lecture on Southern
Chivalry," was the result of consummate
official folly. General Schofeli's "warninou
to the Richmond Times was equally arbitrary
and unwise. Neither is susceptible of pallia-
ton nor defense. 1t would be as sagaoious to
command donkeys not to bray as to prohibit
Pollard from indulging in rant and nonsense
at street corners or in any room that he may
hire for the occasion. What Pollard might
say could harm nobody when he does any
thing contrary to law, the law will be quite
sufficient for its own vindication. Until the
civil law fails, General Wilcox has no right to
meddle. So again with regard to General
Schofeld and the Richmond newspaper. The
establishment of a censorship is simply usur-
patton, and usurpation which challenges the
judgment of every man who values freedom
of speech and the press. For our Richmond
namesal<e, though hostile to the Reconstruc-
tion law, has not transcended its right, and
the right of every man, to comment upon
both the law and its administration.
The Southern press, indeed, is entitled to a
great deal of credit for the moderation of its
tone, and for its prevailing inclination to deal
fairly with the momentous problem which is
now undergoing solution. Here and there
rabid Rebel sheet may be found, but the
number throughout the South is so small as to
be unworthy of notice The greater number
of journals published in that section are pur-
suing course which cannot be too highly
praised. They may not applaud the law on
its merits, but they counsel compliance with
its requirements, and are earnest in their de-
sire to get back to the full fellowship of the
Union. OF few can this be said more justly
than of the Times and Picaytne, of New Or
leans, which, according to statement in
circulation have been "unoficially warned"
touching their articles on the Reconstruction
act. The statement is scarcely credible, so
temperate, and withal so sensible have been
the observations and recommendations of both
the journals named since the passage of the
law. The proceeding of General Schofeld at
Richmond, however, renders possible the
ercise of the censor's authority at New Or
leans, though from this wrong we trust
General Sheridan's good sense will pre-
serve him.
Still another encroachment is reported from
Texas An order issued by General Griffin
excludes from the juries of the State all citi-
zens who may have directly or indirectly aided
the Rebellion. Henceforward, General Griffin
DEGREES, the test oath shall be applied to
Jurors, and only they who can take it shall be
permitted to serve. The legal authority for
this order has not been cited, and none can be
found. The Reconstruction act contains no
provision upon the subject. 1t declares who
| shall be disfranchised and who shall be eX-
| cluueu lrOLn olnCe, puU IL .oSP0OS VI 1919
is silent. General Grifin's order, then, is
arbitrary and unjustifable' 1t is anomalous,
moreover. since while eX-Rebels or theiI
sympathizers may not act as jurors, eX-Rebel
Judges are permitted professionally" tc
continue their functions as administrators o
the law.
These incidents demonstrate the tendency
of military power to trespass beyond the
boundaries of reconstruction at the cost of thu
liberty of the citizen. 1t is to be hoped tha
the forthcoming opinion of the Attorney
General will define the powers and duties o
the commanding Generals with fulness anC
precision that will obviate difficulty, and pre-
vent needless interference with the law, tn
1nrasa or the nennla of the South