Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-06-19


De lars Of CgRseyiptiOa.
From the Hsutsgine Advocate
-Four cases. involving inciplaI Of much gen
er-l interest, under the conscrpsioa laws, were
decided bsrs lsst week, Or writs of habsas cor
pus, by Judge HsTalsou, Of the circuit court o.
/ Alahana.
! The petitioners were represented By Aessrs
walker g. BE.ckell and the Confederate States
/ ~ Aaj5r SiJns Two Of The petitioners wera
iitc5 aged BY enrolling of6csrs. the one in this
I district, and ths ether at Mobile. az beiag non
d1miciled foreigGer=i and the other two petition
ers had oeen discharged by an examining medi-
cal board, acting under ths c0nseript laws, as
] pelmsnently unfit tor military duty AL Of
I these discharges. h0Wevar, were disregsrded by
the present enrolling officer Of this strict, who
arrested fho foreigners, claiming for bimself the
right 20 inquire into their domeiiary states. ard
I the other petitioners were arrested because q
second medical board, subsequently organized,
had re-examiued then and reported them ii for
militsry service
Each Of tue parties sued ont writs Of habsas
corpus and the questions argued were
Iss. Hsve ths Safe courts igrisdicHsa Of
cases arising under the eouseript avs
81 Has one enrolling officer the rigas 20 set
aside discharge granted BY another enrolling
otiear, IN tie samo sphere Of action, and with
Ike plwgrs
81 Is or is not e discharge, fol. permanent
disability, granted by a medical board, faal and
conclusive
These questions ware discussed ct length.
don. L p. Walker, in his argument, reviewed
the recent opinion Of Chief Justice Walker, of
ths supreme csurt Of Alabama, aud while pay.
ing high compliment to his elevated purity Of
character aud professional ability, respectfully
dissentsd both from its rsasoBiag and eoBela-
si0ns, He contended that the Chief Justice had
apparently overlooked the origia and purpose
Of the writ Of habaas corpus, And the legisla-
ton OF Alabama on the subject. TRis writ, he
said. though g COMMON Law privilege, was first
secured t5 English liberty. in pr0pTi0 gigsrs, in
ihs iroUb.sUs reign Of Charles IT, By the f.
nous statute, Rhich stsnds next in dignity
and importance 70 the bil Of rights, Of which
it is the compliment aud exposition Here, We
have hxsd It, IS q fact in the Constitution, and
decisTcd that it c9uld only be forfeited daring
.psdeds Of warfare and rebellion, By ressriotivs
legislation, sud shat our Congress had recently,
on direct proposition 3 that effect refused 20
suspend it. Ia this Slate therefore, it was
limited euiy BY State legislation, which e1-
pressl7 provides that any person restrained Of
his liberty, under any prstsncs whatever. ex-
cs1t IN specified cases, is entitled to the writ Of
hso9as corpus. The exceptions are, persons
committed or detained By virtue sf process
Issued by a court sf the CoafsJersts States, o.
or Judge have exclusive jurisdictisn an
der the laws sf the C0ufsd=rate States, or where
psCson applying fer tbs writ il IN custody, or
held BY viEsas of suy legal engagement or an /
Essuent IN the army aud navy of the C9afs5-
crate States, aud two ether exceptions net ger
Esin TO the points at issue. In al other cases, [
10 matter what the cause or PretsBcs Of detsn-
ton may b3, or wac may be the person arrested
Gr whss tls suth0rity by which he is held. the
inquiry and 4 decids. This he said, was IN ac-
c0rdance with the PRINCIPLES Of tho common
ia7T- by the provisions Of which the writ or
h-baa5 corpus IS the prerOyativs Of the citizen.
the safeguard Of his person, and the sse1TitT
Of his liberty, and the authority % swa-d
i5, IS one remaining in ths States, erna1atinC
from tle States, and nos frsm the Coufe1srals
States and cannot Be abridged altered or de-
str07si. 10 ula-J7r what the Drstenss. IN the
prosecution Of " TG.aver policy, excaut By di-
--et and explicit legislation affirming its abri1r-
ms7. altrra ion Or destruction. He would, be
sail, ara1 now, in the infancy Of our srisisncs,
the lil1 oil our dsmsrksii0u, tru aud strong. be-
tween the sovereignty of the S-sses ard the
powers of the Confederate Government. He
would yield e. the Co1fsd7rase Govern meat, I
wish cheerful al erity, all thai was due 30 1t, as
he chosen agency Of the Ststes, and 60 The nili-
-s~v autho..tv ali tha: was due % f. In the
for the Stsse7, s1d for taa si'izen. what Mother
hst srren1ared-i5e ous their slvsrei-0ty. and
DE safe s0veroigely IA government with us - I
and tha other, bis liberty. To deny ilris icii0n
5r tHc State eaurts in these cssas, and al others
ot similar character, is, ia effect, to suspend !
0y ildjeisl legislation the operation Of the writ
of habeas corpus under the laws Of conscrp- I
ten, thus stripping the States Of al power 70
arrest tie usurpRtiols Of the General Govern
Hn,a go -Hs 8
O. liberty known 90 the laws Against this suc-
render Of the protecting power Of the State, he
s1.7maly protested IN ths name Of civil liberty,
ard tba sacred principles Of the great revolution
now ia fearful progress. If the government
va have established neads ths destruction
Of this bulwark Of humsn freedom TO sustain
it. it IS not worth the bssism Of bloed
through which it is passing. But the Govern
me1t hal demanded no such sacrifice; On the
contrary, he had refused to put any Limitation
on the writ except such IS the States respective
ly had adopted. The policy therefore, of sus-
pending its power By Judicial Interpretation in
difference to q supposed necessity of the General
Government, was rspudistsd aud denied By that
G0vtramsnt ITSELF 10. only By refusal to leg
isisss on the subj ses, bu. by the passage Of
resolutions s0lsmnlY sfdrming that the necessity
did not exist for any general suspension Of the
common law operation Of the writ Of habeas
CORPUS.
OF course, we do not pretend to quote Gea
Walker with any vsrbsi accuracy, nor to do
more than mske brief mention of his positions.
judge HARRISON decided that he had jurisdic
ton and held that the discharges granted by
Che enrolling officers sad medical board, entitled
sbs parties 30 pr0taction against say subsequent
anests, and consequently released them from
custody.
We have deemed the principles involved Of
ar-s- "a.
20 taa subject. The writ of hsbsss corpus is
The writ Of liberty, the only projection any cisi-
IN ha5 ssainsI Illegal, arbitrary arrest, and is
denizl or suspension, whsthsr BY legislative aet
juaicial Interpretation, or proclamation of mile
.ry authority, Is desp5tisD. II tits suspended
BIZ any msaHs, any citizen is-lisble 70 be seized,
triad aud sentenced ss FBliRudighsn was IN ths
tse Northern dssp0tism, and he would be
Uilsout any remedy. This, as the Charles
loa Mercury has ably demonstrated, is the
assanc5 Of despotisE This IS the reason
why we keep Sc permanently before the people,
the danger TO theiF liberty IN the suspension OF
this great 5ulWsrk Of freedom. He who is IA
favor 0f tho suspension Of habsas corpus, IS,
practically, az enemy 20 the liberties Of the pee
Pls-is in favor Of dsspOtism: and the people
should Be On thsir guard against trusting any
such with poEer. We are glad te fad that 50
able an advocate as Hon. L. P. Walker takes
o-aAAA sA4 liis- aAl4 A--lAD e-tt----- -
the civil liberty Of the citizen, whilst yielding
10 tha Government al that 6 has ever claimed.
New mills.
We are g7atifsd to learn that company L
orranized in this city for the establishment sl =
large factory, for The manufaeture Of w0olsn
goods, sud an agent is about to ssil for Europe
10 purchase machinery.
1t has been suggested thst the stock fer
paper mill mig readily be raised, and the sane
agsns might purchase the machinery required
for that enterprise also.
We have on cur canal, sud on he different
water courses in the county, abundant water
power for every kind Of manufacturing bnsi-
ness aud now IS the time TO set on loot enter
pIises for the supply OF all our staple articles,
agricultural implements, etc.
Entarnrises lie these nrnsant wide falla fnr