Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-02-18

Of intentions 20 examine sthe particular provi-
sicns of the BILL we shall fnd that the structure
harmonizes with the plan Every part Of 1t
puts fetters on the feet Of liberty, while It sets
tyranny on horseback In every case Of prese-
cution for false imprisonment it allows the de-
fendant TO appeal from eonrt to eourt, hut takes
away the right Of appeal from the plainntt. II
the sufferer from wanton acts OF arbitrary power
is defeated in the state courts it dOnies him ali
redress against this misfortune Of prejudieed
court or a packed jury while it treats pro
ceedings in a State court against bis perseeu-
tor as null and Of no effect. il even lniiicts
penalties on the plaintiff for daring to assert his
rights aud bring a suit If he happens to be de-
feated, no mater whether Justly or unjustiY, ne
is not only denied the right Of appeal which IS
granted to the defendant but Is compelled to
pay double costs. It not only thus outrages the
rights of the Injured party by this inequality,
which would be sufficiently monstrous if the
law were allowed to take its course, but it in
terposes to annul the law on which he relies
for his protection, and to insure the inhictlon
of those heavy penalties for bringing suit
It declares that the authority or order Of the
President shall be valid aad complete defense
in all such suits but as if this were not broad
enough to cover and protect the numerous acts
Of despotism which have been perpetrated IN
violation Of the Constitution, it also declares
that if " there was probable cause for the arrest,
Imprisonment or other act complained Of, that
also shall be a full aud complete defense to the
action, and It shall be the duty of the court try
ing the act SO to instruct the jury, and tsat
their finding must be accordingly" That is TO
say, the most malicious stories told by a mans
personal or political enemies, no matter whether
true or not, are to be a full and complete de-
fsnse for arbitrary arrests and imprisonments
by every deputy provost-rnarshal, even if he
esnnOnt make it appear that he had authority of
the President for this daring violation Of the Con-
sttution. If there was ever anything in legisla-
tive history which deserved TO be characterized
as bin of denominations" it is this which, TO
the disgrace of American legislation, we print
this morning.
And the party which passes this infamous,
this sbomiEable bin, defying the Constitution
and annUlng all State laws for protecting per
sonsl liberty, is the same party that two or three
years ago was passing so-called liberty bills in
behalf of the Northern States to protect runa
wsy negroes sgsinst the provisisn of the CoDsli
tuition which requires their surrender. So dear
and sacred did they profess to hold individual
liberty that they wo1ld not allow it to be vio- |
lated even in the person Of an escaped slave, |
and they set up State legislation against FEEDER |
81 legislation for ais protection. These esenstive
and doughty champions Of free |
dom then professed to be shocked at the denial |
Of the hsbess corpus TO these fugitive blacks,
and made that the pretext for resisting, by mob |
violence, the execution of law of the United |
States. And now we see these same champions
Of personal liberty, these same sticklers for the !
lsbess corpus, these same justihers Of State re-
sistanee to Federal power passing an act which /
degrsdes the white citizen below q condition |
which they then thought intoleTsble for slaves |
IS black as the ace Of spades. 1t is for the eiti.
zens of the loyal States to determine whether /
hey viii submit to this overthrow of the Con-
iti!ution.