Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1861-11-26


CRIMINAL CoURT-In the matter Of the
ka5sc, corpus petition Of Sewell, charged with
treason, a number Of witnesses were examined,
and. 10 ofense being shown, the petitioner was
discharged. The most that appeared against
him WAS some expression Of opinion as to the
probable results Of the pending conflict against
The Sonth, but nothing showing any overt act OF
treason, or even any sympathy against the new
Confederscy OF for the old government, but Tath-
er the reverse, as testified by the witnesses. 4
mere expression Of opinion would not have been
an ofense, unless evincing some act Of treason.
Free thought and the free expression Of opinion,
the court remarked, were not only not interdieted
by law, but are guaranteed by all our laws and
by the genius Of our government, while decla-
rations, as well as acts Of parties, may prove
treason against them. Walter Coleman appeared
ior the petitioner, and JnO. +. Sale for the gov
eTnmeui.
State ~. Manning, on affidavit Of the State,
alledging absence Of material witnesses, was
continued.
The State vs.. Virgins, charged with passing
ccuuterleit money, was taken up and tried, when
the defendant was acquitted, it appearing by the
proof that the defendant was not aware that the
bin passed by him was a counterfeit or spurious.
The term IS now fast winding to a close. After
the uresent month it is likely there wiz remain
but three causes Of much Importance for trial,
the balance Of the jury cases being~set for trial
this week. The term has been one Of much
labor. and has been in progress continually for
several weeks. Great good order has prevailed
throughout, and the p15lis business, in which
the STATE is directly interested, has been dis
patched IN a manner agreeable and pleasant to
all connected with IL. The safety Of society de-
pends in The prompt and strict administration Of
the criminal laws. They are our security at
home. whilst our arms are our security against
DANGER from without. Hence the Legislature,
whilst practically suspending the other courts,
bss proyided for the continued holding of the
criminal courts, and the administration OF the
criminal law. During the term now closing,
though In The midst Of war excitement, the dis
charge Of the business Of the court has not been
disturbed. The number Of c~ontinuances have
been no greater than usual in other times and
courts, and the WITNESSES have been as readily
obtained. Tie jurors have been sufficient in
number, and of the best citizens in the
community. There is no reason why the
business OF this important court should be eus'
uepded. or likelihood that it viii be. These
times. more than others, require its services
and there are men enough for jurors who are
neither subject to nor capable of military ser
vice. whilst there are many Others whose cir
cnmstsnees and the interests Of the country re-
ouire at home, aud who are competent jurors.
Jayyless men who commit crime, must, OF neces-
SHY, be arrested, and, being arrested, they must
be tried. Al law aud humanity are opposed to
the proracted detention of parties in prison, and
require that they shall have a speedy and impair
tal trisl by Jury. Such is the organic or con-
stitulonal law Of the State, which knows no ez'
ception. Only 10 a state Of actual invasion OF
rebellion is tue great writ OF freemen, the habeas
esryss. lately Cd outraged nib Norh,) sus
aOu@rAbe cd g. for which
one A9 many negroes
peddIing goubeTs rem ~
eTnrsssiOn on his sable 10 Pro1d
Ter is qlar folks. dev Uta time. 4
prsys like camp-meeti tlie .s~
nigger."-SouthsrR COH
ats IN 4Be
asnd the law