Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-11-24
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11AE OANAL AND THE Military.
1t is gratifying to see at least one Radical
journal Of influence standing upfor the sub
ordination Of the military to the civil au-
thority in time of peace. The large ma
jority of the Grant papers have in strong
terms denounced the action of Gov. Palmer
IN endeavoring to have Gen. Sheridan and |
some of his subordinates indicted for the |
illegal and unnecessary killing of Col. Gros-
venor. The Chicago grand jury not only
refused to indict, but in their report they
'fully indorse and commend the action Of
Mayor Mason in calling to his aid the SER
vices of Lieut.. Gen. Sheridan, and they
honor the Mayor in thrusting asidethe petty
vanity of place and position and summon
ing to his side the wisest counsels in our
midst, and availing himself of their power
ful aid in the appalling emergencies of our
late confagration."
The New York Tribune comes to the de.
tense of Gov. Palmer, calls him "a law
abiding Governor and says she is so good
lawyer that he rarely makes mistake in
law"
1t appears from the Governors message
that on the 18th day of October Gen. Sher-
idan, under authority which lie claims to
to have received from the Mayor of the
city, issued to Gen. Frank T. Sherman an
order to organize a regiment of infantry ''to
serve as guard for the protection Of the
remaining portion of the city of Chicago
for the period of twenty days" This regi-
ment consisted in part of companies Of State
militia and of recruits enlisted under Gen.
Sheridan's authority. Among them was
company of boys from the Chicago Univer-
sity, under the command of Capt. Colston.
They took an unusual oath of allegiance
and obedience. To use Gov. Palmer's
words:
Supported by this force, Lieut.. Gen.
Sheridan proceeded to establish military
rule throughout the city. His guards were
| established and his sentinels posted on the
| public streets, with orders from him, or
| from some of his subOrdinates, to arrest cit
| liens who might, in the judgment of such
kAetlNo anu NC ouoBlNiOuO HOiSOAAo,
and to fire upon and wound any person
who should refuse to obey their commands;
| and one citizen of the city, who was quiGly
passing along one of the streets, was order
| ed by sentinel to halt, and, upon his re-
fusing to obey, was shot and MORALLY
| wounded"
Theodore n. Treat, a boy of sixteen,
student in the University, hailed and
shot, on the night of the goth of Octo-
Der, Col. Thomas w. Grosvenor, a promi-
nent citizen, who was passing the
sentry on his way home. This fatal acct
dent seemed to arouse the public sentiment
which had been alphabetically conserving to
the substitution of military for civil author
ity, and the state Of siege was terminated
two days later. Gov. Palmer contends that
| this force of Gen. Sherman's was raised
utterly without legal authority, and it had
no right to perform any military functions
whatever, and that in inficting death, even
in pursuance of pretended duty, its Off
GERS rendered themselves liable to an indict-
ment for murder. After full delberation,
Gov. Palmer took the responsibility of for
mally advising the Attorney-General Of the
State and District Attorney of their duty in
the premises. The anomalous character of
these troops is shown in the report Of
| Gen. Sheridan to the War Department.
They were never taken into the service Of
the State of Illinois, or of the United States.
They were an irregular police force raised
by Gen. Sheridan under color of authority
from the Mayor Of Chicago which he had
no right either to assume or to dee gate
Whatever may have been the intentions of
Gen. Sheridan or the Mayor, the Tribune
justly remarks:
Good intentions cannot excuse violations
of law The surrender of municipal au-
thority into the hands of soldiers is an act
of desperation. Nothing can justify it,
nothing can ever excuse it, but an overpOw-
ering necessity which deprives all civil
magistrates of their free will. 1t does not
appear that at any time there was such
necessity existing in Chicago. On the 18th
Of October, at the hour when Gen. Sheri-
dan was giving the order for raising the
irregular and unauthorized regiment from
whose ranks came the fatal shot, the Adju-
tant-General of the State was in Chicago,
with over 500 disciplined men Of the State
militia, under skllful and trustworthy
officers.
As the Grand Jury of Cook county have
refused to indict any one on account OF
the death of Col. GrosvernOr, it may be
said that this is now a barren discussion.
But it is dangerous to pass in silence any
infraction Of the principles upon which our
democracy rests. In this case there was no
harm intended. The Mayor Of Chicago,
influenced by the prevailing excitement
and unconscious of the full significance OF
his act, surrendered his authority uneces-
sarily. But Gov. Palmer could not be per-
mitted to look with Indifference upon a pro-
ceeding which contravened the fundamental
law of the State and the nation. He has
done well in making his protest, even If he
| accomplishes nothing but denunciation by it.
The death of Col. Grosvener, and the
punishment of Sheridan young Treat, are
matters of minor importance compared with
the preservation of great principle, the SUBJ
ordination of the military to the civil author
ity. Gov. Palmer, though Radical, has placed
himself right on the record this time. We
honor him for it, and the American people
will honor him more and more with the
lapse of time, whether or not the Grant
policy of military dictatorship shall prevail.
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