New-York tribune., 1871-11-20

| " for the protection OF the remaining lni''''
"of the City of Chicago for tine prroh "'
"twcnty days" This regiment consisted III
part OF companies of State militia ami oi re-
cruiis enlisted under Gen. Shcridans an'hor-
ity Among them was company OF boys
| from the Chicago University, under the com
mand of Capt. Colslon. They took an nn'''''"i
oath of allegiance and obedience. i" use
| Gov. Palmer's words,
supported by ths force I"n Cen shrrInna ,o pr" pro-
Ills guards established and his sentIncls posted on
tho public STREETS, with orders from him. or from or
| hs subordnatcs, to arrest czrns who might, III tho
Judgment OF such guards and -cnneis. be suspicious
| pcr.ons. and to fire upon aud wound any person WHO
should refuse obey their commands; and one ctlzh
OF the city. who quietly passing along ono OF ihe
streets was ordered BY , sentinel 5 to halt dmndcG an"
Theodore N. Treat, a boy OF sixteen, stu
dent in the University, hailed and shot. on tho
night of the Goth of October, Col. Thomas w.
Grosvcnor, prominent citizen, who was pass
ing the sentry on his way home. This fatal ac-
cdcnt seemed to arouse the public sentiment
which had been alphabetically consentng to
the substitution of military for civil authority,
and the state of siege was terminated two
days later. Gov. Palmer contends that this
force of Gen. Shermans was raised utterly
without legal authority, that it had no right
to perform any military FUNCTIONS whatever,
and that in inhicting death, even in pursuance
of pretended duty, its officers rendered them
selves liable to an Indictment for murder. After
fuldeliberaton, Gov. Palmer took the rcsponsl-
bility of formally advising the Attorney General
of the State and District Attorney OF their
duty in the premises. The anomalous charac-
ter of these troops ia shown in the report of
Gen. Sheridan to the War Department Under
date of Oct 2j he says: " 1t is proper to men
"tion that these volunteers were not taken lnto
"the service of the United States" They
were certainly never taken into the service OF
the State Of Illinois, and can therefore only
be regarded in the light of IN irregular police
force, raised by Gen. Sheridan, under color OF
an authority from tho Mayor, which no had 10
right either to assume or to delegate.
1t is asserted by some of Gov. Pamcr's c1'
cited critics in Chicago, that he himself had
recognized this usurped authority. But the
Governors message disposcs of this assertion.
Up to the 18th of October he was under the
impression that Gen. Sheridan was acting IN
| strict subOrdinatiOn to the civil authorities,
and ~ soon as he learned that the Mayor had
| practically abdicated and given up the gov
ernmcnt of the city into the hands OF Gen.
Sheridan, he wrote him letter CensUring his
course in the severest terms, and expressing
the hope that he would at once resume his
| legal authority. The Mayor answered, In
tone rather of pctulance than dignity, that he
had already decided to dispense with military
aid in day or two. He states also. LII
language which shows his entire unconscious
ness of any such thing AZ constitutional law,
81 do not believe, when the lives and property
"of the people-thc peace aud order of u largo
"city-are in danger, that 1t IS the time to
stop and consider any questions of policy
which is precisely the sentiment which, If
generally entertained, would make free gov
crnment impossible upon the earth.
Good intentions cannot excuse violations Of
lag. The surrender of municipal authority
into the hands of soldiers is an act Of despe-
ration. Nothing can justify it, nothing can
| ever excuse it, but an OveIpOwering necessity
which dcprives all civil magistrates Of their free
will. 1t does not appear that at any time there
WIS such Il necessity existing in Chicago. On
tho 1lh Of October. at the hour when Gen.
Sheridan was giving the order for raising the
irregular and unauthorized regiment from
whose ranks came the fatal shot, the Adjutant-
General of the State was in Chicago, with over
800 disciplined men of the State militia, under
sklful and trustworthy officers. 1t is true there
was a good deal of wild talk Of disorder and
crime, of violence and ncendiarsm. But Gen.
Sheridan himself has borne full and manly
testimony to the fals'y of these stories. There
was no such emergency as required that
dangerous precedent to bc set. OF weakly yield
ing the charge of the public peace to the mill
! tary arm.
A the Grand Jury Of Cook County have re-
| fused 10 ndlct any one on account of the death
| Of Col. GroSvenor. II MAY be said that this
| i, now a barren discussion. But it is danger.
| Ous to pass in silence any infrIctiOn of the
principles upon which Our democracy rests
| In this case there was no harm intended. Tho
Mayor of Chicago, influenced by the prevailing
! excitement and unconscious Of the full signiti-
cancc of his act, surrendered his authority
| unnecessarily. Gen. Sheridan. whose faults
| always lean to virtues side assumed the
| responsibility which was thus offered him with
| the best Intentions without iMulrlng and
| probably without rarlug much. what the law
| ot tine case WAS. But Gov. Palmer could not
be permitted to look with indifference upon q
! proceeding which contravencd the fundamental
| law Of the State and the nation. He has done
| well in making his protest, even if he
| acrompshes nothing but denuncintion by it,
The tone Of the Chicago press is certainly not
calculated to encourage him in his champion.
ship Of law. Ono paper thus decently com
mrnts upon his message Gov. Palmer has
deliberately convicted himself Of being either
"a fool or knave. Until his dying day the
infamy OF this record will stick to and con-
found him. Another with more courtesy,
but equal disregard Of the principles inv yolved,