Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1862-10-22
:. DisIoyaI Pracsices.'' what are Tasys


In the last proclamation Of President Liucola
severe penalties ara invoked upon al those who
ere guilty Of '' dis,oval prscFees" Tho ques-
lion now rscuFs, Wha. is disloyal prAei
The terms is uBdefaable. i has no certainty
of meaning, and, accordingly, is botherine the
iuiicisl tribunais not little Judge Hall of Bat
tal1, Uai.sd S,ajes District Judge, in lass
able decision ina kabeaS corpus c8se, thus sl.
luded TO the phrase disloy8l: "-h0Tthsr1
paper.
Could it have bean intended that military
officers # every grade, and policemen Of every
class throughout TIE loyal States, acting upon
iheir oWn suspici0n5, OF upon suy representa-.
ton which politieR prfjudice, personal mShg-
nifty or other motives might suggest, or in the
mare w&ntOnness Of unusual and arbitrary pow
q, should be authorized to arrest and imprison
any citiz n withou, TIE possibility Of a Judicial
inves.ig&li0uf Is every official TO WHOM these
orders are addressed 90 determine for himself
Whist shall constitute diSl0yaL practices a term
not knogn To ths law, which hss no GKed OF
reasonably certain definition and which every
arrestirg olEcer IS left to intermet as his pFejn
dicss, his passions OF his intslest may incline
Andis such Interpretation 20 be subject 70 no re-
vision, except by Judge advocate at the seat Of
government acting upo1 extra j1dieis, II not
entirely Cpare testimony, in. tie absence Ct the
accused Sach g CONSTRUCTION Cf tho Cr~eT
would place tie liberty cf every person at the
mercy CT any one OF these ofieials, ono OF whom
might conclude that 10 SPEAK dispErasipRly Of
the military ability and military conduct of Cen
eral AcCie.sn was 8 Gisloyal practice and tend-
ed % discourage volunteer eRhs.meEtsi while
another might consider t6s sbUse OF General
Mcclellan virtue, and hold the expression of
= doubt Of the eUoeriaiiye ability Of GeReral
Fremont as q disloysi practice OF the deepest
dye aud yet apcthef might s1ppose that any
person wh0 should read aiaRd tH8 newspaper sc-
counts ol the defeat q General P0ps's army
from ihe Rapi3su to the Potomac, ana expTess s
doubt Of the competeHoy of that general, Was
discouTsging enlistments and giving aid and
| comfort 20 ihe enemy,
e" confess, nevertheless, that there is SONS
reason fer assuming that the fair construction Of
the language Of the order Of the War Depart
n.ent, if II could properly be considered without
references TO the provisions OF the Constitution
of the United States, W0ud lead rs to conclude
that tue privilege Of the writ of haseas corpus
was intended to be suspended in al the cases
supposed, and / understand such construction
has been sometimes insisted upon but when /
consider that that Constitution has imposed re-
stTaiEts upon the arbitrary exercise of the milf
tary power CT least beyond the lines Of military
! operations) l am unwilling 10 adept that con
| struction without strong evidence that such was
| the iatention Of tue orders referred TO. Such q
construction of these orders, if their validity cen
/ bs established, would 60 far toward making our
/ government sespotic instead Of eoDstitut onaf
government Even in he midst Of our present
! Struggle we shenld not forget the teachings ard
| history Of the past, and regard as trivial and
unimportant constitutional principles, the per-
sistent violation of which has led 20 the de-
/ thToEement of kings and the overlbroWof long
established forms of government. We should
not forget the fettTes de cacbet Of the French
monsgehs, or the Illegal imprisonment under
4 Charles l. Iu cur efforts to read Alright and
profit By the terrible lesson which the present
/ condition of cur unhappy country presents, we
should mol forget what II HaTne, and AalIam, aud
Blackstone, aad Marshall, ard Story, and Kent
have taught rs"