Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-10-02
Ths saprsuaaeI Of oiyn Au'hori'y.

Ehe HapreH1GcT Of EHVal Authority
Prom sle Montgomery Advertiser
L would seem that 90 = calm aad well bal
aaced mi0d nothing could be clearer than the
proposition that al military power is derived
from and should be strisay sGhoEdiaats 10 civil
clothed with a littie oisf authority in TINS of
war to overlook the forms Of lay and ju5tics,
that il is well occasionally to cal their attention
to the souTca Of power.
Several cases dsmse5iRg attention have 70
Gently occurred ia his SLa.a Gniy one Of which
We shall notice in this srtice.
A partysaf mounted man are going through
West Alabama summsril7 srresting and forcing
to the army all msn wa8 have pat in subs.i-
tutss, provided they cannot prove by ths csrtif-
cate Of the captain who received the substitute,
hat he mas not deserted, and is nov sctualy in
the service, CT hss basn killed in battle If this
proof IS not satisfactorily made in ten dsy s. the
principal is mustered in, given transportation,
and started off to Enterprise, Missi5sipi-OH
hs tenth dag. No hesring is allowed
the parties before th5 courts, and no
choice is given them as 10 what commsnd they
viii join. These men say thsy arc setting under
orders from Gen Pillow, but hsvs as yes, We
are Informed, produced no authority f3E their
unlawful proceedings except so order from thu
S Secretary Of War, Issued some TINA since, to the
I
csivsd unless the prime psi became bound 10
take his place il lost to the service By other
event than the casualties Of war.
We csn scarcely belieYa that 50 intelligent
snd patriotic man as Gen. Pillow conld be
Rui,ty Of the hieh-haBdsd measure ascribsd TO
! him by his sub7Tdinaiss, and hope there may be
| some expIsna ion Of the course PutsUed TO make
It consistent With the requirements of law, JUS
tee, and good faith on the part Of the Govern
men. authorities. Unless this is done, we shall
dsnounes the arrest of citizens in this arbitrary
! manner as gross outrage upon private rights
productive OF q hundred fold more mischief than
good if persisted in. Isis fundamental prin-
eipal Of civil liberty in this country and in Eug
| land that 40 man is presumed guilty until it IS
/ proven No man can be arrested without war
rant Of law and he must be confronted by his
| aceusers and have an impartial hssring before
sentence can be passed upon him. s. in ease of
| the substitute man. If the substitute was oyer
foTty-d7s and the principal is held TO DO liable
/ questions sbOat which there are grave differ
! euaea s4ong the hsss iurists Of the cgRciry-
/ then It IS an easy mst-sz for tho Government to
| obtain lists fron the cfieers of the army TIA.
/ viii show lhe exact status Of those whose ser
vices are claimed; and If sill thc-e be doubts on
any or al the questions involved tbs ctjz IN has
/ a Eight Of vhiel 10 lawful power or ea1th can
/ deprive him--the right Of appeal 90 the courts.
The Constitution Gays the courts shall a. ell
| times b oPen to the citizen, and no man, who Is
not By instinct or ignorance or b5th, a fyrsu5,
/ will deny this right.
! Those who think cur dsIicsts fame work Of
/ Government, can be aduinistsTe1 either m pssee
| or war, except with the most see5ed regard TO
the Constitution aad laws, greatly undertakes
TIE inseiligeRcs snd spirit Of the people who
/ constitute the supports upon which this grand
| fabric must s'a1d or fall This war was de
elared On cur part and must be waged solely
with TIsw % the establish zsent Of the rights
/ ard indapendencs OF the people Of the 'Uihdrn
States, aud !. Is utterly impossible tast the VIC
lstiou Of these principles can OBJ. tain ths sanction
/ of official authority without 70 that extent weak
/ ening the esuse for which we are con5eniing.