Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-03-02
WHITTIER WE ARE DRIFTING.
The Progress of Military Edeas-The
Indifference Of the People.

Indifference Of the People.
In recent case, where citizens
of Texas called upon General Soho.
field, Secretary of War, to induce
him to order certain citizens of JEFF
ferson, Texas, under military con.
fnement for some time on suspicion
of having assisted in hanging a
noted desperate named Smith, to
be tried without unnecessary delay
by a jury, he replied
Military courts were the best
courts in the world-that they con
victed nine out of ten, while civil
courts only convicted one out of
that number. This Che said) re-
suited from the fact that in trials by
jury one man could prevent a con-
viction, while in military trials a
majority could convict and from
the other fact that men we're rarely
ever put on trial before military
courts unless they were guilty.
And further When his atten-
ton was called to the provisions of
the constitution securing to every
man a speedy and impartial trial
by jury, that these prisoners had
been confined for three months
without even an investigation, and
that the military officers in whose
charge they were refused to obey
writ ofhaJeaS corpus, General Scho-
field replied, with the greatest NON
chalance, that
"He once knew a man confined
in q New York jail for whole year
while an officer was hunting up ey-
idence to convict him, and that he
would faver the retention of these
men in prison for five years, if nee
essary, to procure evidence against
them"
Gen Washington, himself an old
military man, understood well the
despotic notions acquired by those
in the service He, therefore,
warned his cOuntrymen in his Fare
well Address to keep the military
in subsection to the civil power.
During the late war, in a casual
conversation with a military officer,
then a member of military COM
mission for trying certain civilians
for some alleged offense, committed
outside of the lines of a military
camp, we expressed our astonish-
ment that, as a member of q court,
he could have consented to rule SO
and so, in the face Of all law and
precedent. my dear Sir" he re
piled, chat is the way We military
men are educated. We are taught
to obey the orders of our superior
officers without questioning their
Justice or propriety. If, as mem
Der of military court, | should
receive orders from the command
ing officer, or President of the
United States, to convict a prison
er and order him to be shot, |
should unhesitatingly comply, tesS
timony or no testimony, law or no
law" We thereafter understood
what was meant by Hale, in the
Senate of the United States, when
he said that a military commission
was a court organized to convict,
and realized the danger to the lib
erty of the citizen wherever the
military was above the civil au-
thority.
The New York Spirit Of the
Times, for the purpose Of illustrat-
ing military authority, relates an
instance that occurred during the
late war. A Sergeant with squad
of men was ordered to cross river
and burn a certain house. On ar
irving at the house to drive the in
mates out, he discovered on a bed
one of our own wounded men--a
scout-whom the women Of the
house had found in the woods and
carried into their house. The Ser
geant. under the circumstances
marshaled his men and returned tC
camp without applying the torch
j On reporting at headquarters, the
General asked: swell, Sergeant
did you burn the house?' ..''No 2
What do you mean, sir, by disobeyI
ing orders ?" "Let me explain
General. l found that the sole oc
cupants were two women and dy
ING soldier, and | thought
Thought! the devil, sir! Wha
business have you to think, sir?
r am paid TO do your thinking yor
have no right to think, sirp' thun
dcred the irate General.
l We, ourselves, were present a
D the Newport Barracks (Kentucky
e when a bricklsyer was doing som
| repairs. A private was detailed I
wait on him. An officer was stand
ing by when the bricklayer hes
v tated about how best to proceed
e The private, an intelligent youn
fellow, commenced 20 make SUI
r. gestion by saying, 81 think
when the officer with fury said
: HIM You think d-n you, VIII
l. right have you to think? PersoI
:, are here paid to think for you. YC
obey, not think"
\ Such is military rule. A militar
a." commission is a court organized
l. convict. If the commanding &c
ID eral, or the President, require
le victim to intimidate the people,
n orders conviction and executio
- and no humanity of judges, no syn
pathy Of jurors, no claims Of Ia
\ can interpose Interiors have
I'd right to think-they must OBJ
IN without questioning, execute orde