Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-05-21
Public Justice.

The Memphis appeal publishes the following
correspondence:
MEMPHIS, May Is, 1861.--Dsar Sir: By Joint
resolution Of the Legislature lately in session, Of
which you we're member Gin the Senste), "tne
judges OF the different judicial districts, and the
ehsneellors requested to postpone their courts
from time TO time, UNTIL IN their judgment it may
be necessary to proceed in the usual way" de-
sire your construction of this resolution so far as
it may may not relate to the criminal courts; for
wish TO conform to the request Of the legislature
above expressed, if applying to my court, however
much l may desire, personally and oficlally to 90
forward with the duties assigned me, or however
much l may suppose the administration Of the
criminal law to eomport with the existing crisis,
and the interests Of community, especially in times
ike the present
My own construction (which wish to change il
erroneous,) is fhst it refers only to the law snd
equity courts. The reason of the resolution, as
conceive, is founded mainly in the perturbed mon
etsry and political state of the country, making it
prejudeisl to both at the present time, to render
and enforce judgments and DEGREES for money, by
the sacrifice Of property and the diversion Of pri
vste means, which all willing to apply, so far
they able, to purposes Of the public defense
And this view is sustained by the seventeenth Sec
tion Of the military set Of the same session, ex-
empting property, in csrtsiR cases, from execution
and other civil process. On the other hand thst
sct sections fifteen and thirty>one expressly con-
templates the holding Of the criminal courts and
the administration of criminal Law, if not by courts
from which civil process may also issue.. BY the
said fifteenth section certain parties are to BE
brought before the civil authorities 'for trial. and
by section thiry-one the court is authorized to
dismiss certain indictments and presenments and
forfeitures' to do which contemplates the holding
Of the criminal court
Besides this, it would be contrary to humanity,
as il is to criminal Jurisprudence IS laid down in
the Constitution OF the State and in the books, and
81 ezemplifed in the practice Of the courts TO de-
tain persons in prison without trial. as, also, it
would be prejudical 70 society to allow crimes to
20 ubpunisEed by the c0uris. Order sod obedience
law necessary, if possible in times like
these than il periods Of more quiet and to this end
the criminal courts necessary agents. il not, in
fact, auxiliary to the military arm. Thecrimnal Law
faithfully administered is adequate to sll the ends
Of the public security, may be made SO by legis
lation, which the popular mind may at all times
direct, although often times, and especially now,
mayindividusls exercise their vigilance ia aid Of it,
not contrary TO it. There ia no likelihood, as in
deed there is necessity, that there shculd be
resort 10 the extreme and violent measure Of mar
tcl Law in this city so rerely adopted and only in
the gresteE exigeHcies by the military commander,
because frsught with much Inconvenience to the
citizen and hazsrious of private and public justice
by reason of its summary action, and, in fact,
scarcely if at all known TO cur law. And there is
then left without the criminal courts, 10 redress
for crime and agency for the enforcement of order
1t will likely be diicalt, but chiefly so 10 our Off
GERS Of the court to carry it on now yet If our at
torneys will waive, they likely will, reasons-
bic share Of the great berality Of our laws in the
organization Of juries. We obtain q competent
number of uries for the business Of the court, aud
| 60 be enabled to do our work, which left u1dOne
for the term, will burthen Us most fearfully here
/ after.
Your reply, IS one of the members of the Senate,
four members being absent at this time learn
upon the subject proposed, sresPeetfuly requested
Very truly, J. I. SwAYNE.