The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-01-07
MILITARY Gem m isslONS.

We care not to consider whether the
President was wise In sending General
Sheridan to New Orleans, or whether the
eyidcn. distrust with which the general Is
there regarded is just or unjust-let each
one determine for himself. But being
placed in responsible command, his acts
and recommendations are open to comment,
the same as those of my other man in pub
lie life. His reputation 10 a soldier Is Of
tue best, and he has gathered laurels on
many battle field, aud as soldier we
have no criticisms upon his actions TO make
Notwithstanding The brilliancy Of his mill
tary fame he may, however, dim its lustre
somewhat, unless lac is more careful in his
recommendations. Being q colder, he for
gets that the United StateJ Is not at war,
but at peace. He forgets that, even taking
his view Of the condition Of the South,
civil war does not exist, and that the gov
eminent will not soon regard any portion
thereof as belligerenis. Being at New Or
leans aud believing, or protesting to be-
licve, that terrorism" exists in Louisiana,
Mississippi and Arkansas, and that quiet
would be restored by "the arrest and trial
of the ringleaders of the armed white
lesgne.,' he says At congress would
''pass bill declaring them banditti they
A" could lie tried By military commission. 1"
As If ncl satisfied with this, or doubling
the willingness of congress to pass such a
bill, he closes with the following sstound-
ing proposition: g II ~" says he, "pos-
- slhle that IL the l,esident would issue a
- proclamation d" airing them band't,
" that NJ fur,h, action need be taken,
" Except that " nich would devolve upon
u" me-" After the first emotion of Sur
prise has Passed, we arprehend the 1rst
comment wonid be- hat no further action
need be taken followed by the question if
we have not had about enough u mill
tary commissions " The country ha, not
yet forgotten the execution of Mrs. Surrat
by the judgtnen' Of a military commits
sion approved by Andrew johnson. nor
of the deep feeling of horror and regret
with which that military execution has
since been regarded Neither have they
forgotten that amid all the intense excite
ment and indignation caused by the assass-
ipstion of Abraham Lincoln, the trial of his
assasslns was not entered upon by such q
commission. until after the constitutional.
ity Of such course was determined by the
then, attorney general. General Sheridan
being an officer of high rank in the army
then as now, ought to remember that the
constitutionalty of trials by military COM
missions" was only affirmed on the ground
of an existing state of war. Attorn,y
General Speed declared. as "a PR, osition
too plain for argument" that congress could
not, under the constitutional provision giy-
ing them power ITO make rules for the
in times OF peace or war create military
tribunals for the adjudication Of offences
committed by persons not engaged in or
belonging to such forces, but it's sole pow
er, in this direction, was, in Gaze Of war,
derived fiom the law of nations. We ap-
prehend that neither congress or the Piesi-
dent will follow the recommendations Of
General Sheridan, declare that war exists
~ the states mentioned make or declare
FACTS of outlawry," pronounce by the
wholesale, citizens of these states 'ban-
ditti," so that military commissions may
supplant civil tribunals aud nothing remain
to be done save THAT which would devolve
upon" General Sheridan. The General was
always fast rider, and, in this case, he
rides fast to his conclusions and recon-
mendations. Bishop Wilmer and many
another Southron do not believe in uni
yersal suffrage" but that does not make 1t
wrong or its trial failure go General
Sheridan, like other army officers, believes
In despotic power, drum-head court mar
tials and military commissions in time of
peace, but that does not make them right,
legal or constitutional. Oh, no, General
Sheridan, the country is not yet ready to
see courts of Justice supplanted BY 'mili-
tary commissions" or martial law substi-
tuted for common and statute law When
that day comes, the " further action" may
or may not "devolve on" you-"Wsit lit
tie longer"