Daily Nashville patriot. [volume] (Nashville, Tenn.) 1857-1858, 1857-09-01
From the Memphis Earle and Enquirer.
Letter from Judge FIizsernId.

HUETiNeDoN, August "a, 1857.
DEAR SIR:-0n the 1lth inst, at nv home. Isaac
Bolton presented TO me a petition, in common
iorn' simply charging that be illegally impris
oned in the Jail at Memphis, by a mitimus from the
Justice OF the Pease, undeF a charge of MURDER
that said charge false, and he prayed the ben
tht OF the writ of habeas corpus. This PETITION
was accompanied by letter from his counsel
stating the reasons why the application was made
to me, to-wi: That be bad assembled his witness
from Kentucky at great trouble that it was diff
hcult 10 keep them together, and that the Judges
. Memphis were absent from the State. Inquired
OF the bearer of the petition why the application
Was not made to Judge Humphries; he informed
me that Judge HUMPHREYS sick and unable to
attend TO business. As my sworn duty,
granted the writ OF habeas corpus. Ny court eoul-
mences here on this day; could not leave my cir
cult, and my regular duties, if bad wished to do
so. / made tie writ retuTnable here on this day,
against the suggestion of the bearer of the petition,
Mr.. Samuel Dickens, because my court commences
here on this day, and it was my duty to be here.
l do not take any newspaper Published at Mem
phs, and knew nothing of AR. Bolton or his case.
had heard OF It among the other rnur ders said 20
have been recently committed al Memphis. l
granted the writ with reluctance, because did not
like their coming to so far off, yet this was &C
counted for, and whether it had been not, l
had no discretion; it was my duty to issue it, and
from that will never shrink; yet, at the time.
and had no idea that was going TO create such
commotioR amongst the good people of Memphis.
On this morning the sheriff made his return that he
was prevented from executing the order by a force
too powerful to overcome; and number of Men,
phis papers has been handed to me, which lets me
Ito tie state of affairs there.
The writ OF babeas corpus is common law writ
OF right which no judge, either in England or the
United, has any right refuse; it is secured to the
people by the Constitution OF the United States,
and believe by the Constitution of every State in
the Union, and cannot be suspended or denied IN
less IN cases of rebellion or invasion by an enemy.
1neVeF heard OF its suspension, except that done
by Gen. jackson at New Orleans, when the public
enemy was in view of the city, aud when the
measure was necessary and proper, and for that he
was greatly censured and heavily fined. If this
writ can be thus nuified, there is 40 security tor
the personal liberty of any man IN Tennessee. It
would be better to abrogate all law, and let all
taAe care OF themselves and their property by vig-
lance and force
FROM a genueman-a neghbor of mine, on
whom rely learn that many engaged in this
III )Vemebt OF resistance men of good charac-
ter and fair standing. Such men cannot long per-
slst IN such course. 1t would be far better for
nifty Criminals to escape on the road or in any 9TH
er way than that such precedent should be sue
cessiul. hope that the good people of Memphis
ater the excitement of the moment shall have
passed away, will reconsider their action in this
matter, and permit theJaw to take its course. Men
now engaged in this resistance NAV need the aid
OF Its process tomorrow Suppose of those
engaged IN this resistance, on his return from re-
slslng the Law to his home, seized and thrust
into prison, loaded with chains; with what sort of
grace could he ash Judge of Tennessee to give
hlm the benefit of the writ Of habeas corpus?
have written this to you because was inform
ed this morning by Gen Dawson ths& you had gem
erousy indicated me from the aspersions thrown
on me at Memphis. shall not attempt TO express
TO you my feelings at this moment-there are some
PASSIONS that blaze too brightly the affairs OF
the heat to be adequately represented by words.
The case is new in the history of this country.
am engaged with my Court and will be for a
week or ten days. / will do all that the law re-
quires OF me and nothing less; if the writ
OF habeas corpus can be thus rendered a mere
rope OF SAND, 1t will be when all the powers that
can be legally called into requsition exhausted.
Please show this to the consel of Bolton, and do
otherwise with it as you think proper.
Your friend,
WILL. FITZGERALD.