Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1871-11-08

MILITARY LAW N CHcAGo.-We noticed
at the time, the shooting Of Mr.. Grosvenor,
in Chicago, one night, By one Of Lieut.. Gen
eral Sheridan's volunteers, because Mr.. G.
did not halt, at the word Of command, and
give an account Of himself Gov Palmer, Of
Illinois, looks upon the affair As a serious
one, calling for judicial investigation. ssand
has written a letter to the Atrorney-General
of that State requesting him to present the
facts TO the grand Jury.
Gov. Palmer in hiz letter reviews the evil
dence taken before the coroner's jury,where-
in it was shown that Mayor Mason requested
Lieutenant General Sheridan 70 preserve Or
der in the city that the latter authorized
Col. f. L. Sherman t. raise regiment Of
militia that several companies were 50 or
ginizcd and acted under the orders issued by
Col. Sherman and that the young man
Treat was acting under such orders when be
shot Col. GrOsvenJr, and is guItless Of any
legal ot1ense. The governor concludes bis
letter as follows No one viii pretend that
the power To raise, organize and employ
troops, or 10 call the organized militia OF Tie
states in service appertaIns 70 the Office OF
lieutenant general Of the United States nor
II
ion. if it should be expressed, that the mayor
Of a city can either exercise or jmpart SUCH a
power 10 another and | viii not with you
discuss the dangerous and deceptive theory Of
necessity or emergency that has been - Of
ten insisted upon, To justify acts OF lawless
usurpati0G. IL is answer enough that the
constitution Of the state has not entrusted y
mayors OF cities. OF 70 military officers, the
delicate duty Of determining when IT'S forces
may ~ called into service or its laws be sus-
pended Ii these conclusions are correct
think you Will perceive That IL = now the
duty of the governor and attorney general
and all other officers to SCI that the laws are
enforced against all parties concerned IN
these Illegal and dangerous acts. 1t Is not
necessary in determining upon the line of
duty To be adopted, To inquire whether the
mayor OF Chicago, Lieutenant General Sher-
ldan and Frank f. Sherman and MS associates
and supposed sub rdinates who were the
agents by which the death OF Thomas W
GrOsyen0r was produced, IN assuming pow
ers they did not possess and which cannot be
conferred upon them, were influenced by
proper or improper motives or purposes.
They assumed t. suspend the operation OF
the constitution and laws of the state, and
substitute IN their stead law and military
force, to be defined and applied by them
selves. They, by their lawless acts, attack
ed and insulted the dignity and authority OF
the state, and have by their dangerous exam
pie weakened the public confidence IN the
constitution and laws; and IN their attempts
/ to enforce usurped and lawless authority
they have sacrificed the life Of a peaceable
citizen Animated by the confidence have
thus expressed, and confident in the belief
that the State of Illinois, acting through the
proper departments of its government, IL
pable of protecting It's own people and OF
enforcing the dignity and authority OF it,
own laws, | have to request that you, IN con-
junction with the states attorney of the
seventh circuit, Will bring all the facts be-
fore the grand jury Of Cook county in order
that all persons concerned in the unlawful
killing Of Thomas W. GrosYen0r may be
speedily brought To trial.
1t well enough to have this question o.
military authority in times Of peace tested,
and perhaps this Chicago case presents it as
well as it is likely to be presented for decis-
ion, as here it seems to he entirely separated
from politics. 1t has been 50 handy, since
the late war, t. call in troops on every
emergency, that it is quite time the author
ity Of anybody to DO 50 was calmly Investi-
gated Military law, except in time OF wal
and in the territory where actual w4rliae
operations are being carried on, is something
hitherto unknown in this country. It has
been generally supposed that it had no war
rant in the constitution and laws. Even the
privileges Of the writ Of ha5eds corpus car
only be suspended by authority Of Congress.
and in cases Of rebellion or INVASION Gen.
Sheridan could certainly have no greater
power than the laws of Illinois authorize the
mayor of Chieagosto confer upon an officer Of
the United States army ; and that will turn
OUT, upon investigation. to BE- just no power
at all. In OTHER words, unless the whole
theory Of our free government has been mis-
understood from the beginning, every ac
OF Gen. Sheridan in Chicago as military com.
mander Of that city was clearly unlawful
and his orders. in pursuance Of which Mr.
Grosyenor was shot, can constitute no lega
or Just defense to an Indictment for murder
We trust Gov. Palmer viii see that thi.
case Is pushed to final decision. Us We
| have observed, it is not mixed with politics
and can therefore be investigated aud dccid-
ed upon its merits. If military officer ear
take possession of city simply because he
is requested to do 50 by the mayor, and shoot
! down unoffendIng citizens at his pleasure, it
is time We knew it ; and in this respect, il
makes no difference whether the military
officer is Lieutenant General OF the army OF
the United States. or a SCR cant who hap
pens to be in commaud ola squad of soldiers
at some recruiting station.