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

CRIMINAL C~oURT-JUDeE swAYSEs CHARGE-The
criminal court Of Memphis was organized. on the 1oA
inst, by swearing in the srand iary, altar which JadVe
swsyne proceeded ts deliver his charge, IS follows:
Cognizant Of exciting cireumstaaess, obstruefns
ehectuauy and directly the enforcement II the inst
wise and wholesome laws Of the STATE IN regard to hei
slaves, and IN tact asserting contrary u aaional and
State constitutions alike, that the status Of tie mere
is involved in the war; and that he "must be treated 4,
bee, IN view Of which the evil authority Of the Sat-
right ia law or conscience, as q judge under solemn
osth. because OF any circumstauces whatever 70 igpsr.
those isws more than any ethers in tie code Of Tehaes
see Inc Fo"er 90 enact them not having been pro.
hibited % the State nor th. bower to disturb than b.,
the subject matter Of them delegated to the United
States, but express provisions TO the contrary existing
under the system OK government constructed bv o77
fathers and the Constitution of the United States snd
the State, they are IS valid as those constitutions h.
authorized alone By the Constitution OF TIA 1850
States. because, besides being so authorized, thev sre
further authorized by and emanate from the reserved
powers Of the States and the people. which az III tn
are as unlimited and absoluts IS unqualified soversiEnfT
can make them
Jurists have never held and can nevsr hold tbs. ,bs
government Of the United States was cousntuisf =
government Of unlimited powers Possessing no Dri-
mary powers Whatever, such as pertain to or proceed
rived from the States themselves and are delevsfs5 ~
/ their coHssnt seFerally and for their Individual and gem
eral benefit, It IS on the contrary, perhaps the mort
limited, moving in the most restricted sphere OF anv 6f
the governments Of The world, past or present and in
I EuIhf 10 was uelu Wisely AMI UeGuflfulIV intanHa1 hw fa
ever memorable sTehItects % dnIar from all sthers .
whle, on the other hand, the States possessing All tboss
primary powers p~ertaiaing to sovereignty. 20 far IS mot
delegated By them. and belonging ato the STATES ~.
fore the formation Of the general government the grsst
mass Of governmental pevers. are more na.rIv sover
eign and far more unlimited IN their powers; the whole
a system q grand and sublime c0mpromiss: On the or
side, securing By their own consent the better han-t.
ness, peace and safety Of the States In their related h.
each other ana % torsign States and, on the Other.
ieaFins sun 70 te STATES Eaveraly ard the people ali
their chief original power which, while reluetsntiv
suFrendenng any, they did not and would not give
up. The states severally, and the primary rfvh.s ~
the several States and the people thereof we-s fes7ase
to our fathars-theo objects % tbeir most tesions wsfeh
fulness and care, while devising and adjusting rsus-
raj governments and this watchiuiness and care are seen
in all their dehberstion as the time. "a in an fba h.
I partments and ir si The material and framework ~ tbe
structure Ihua properly understood anu properly ap-
pHeus y D aslt "as Ma1e' system 81 perfect harmony
and safety-such as the world never saw before. TEs
States, as several and Independent overeignde spreed.
ing taeir shield over thoPeople thereof and aiming
their drst and highest a~ileeianee and affection. asd TIE
general government an arch eBcfcling the whole. a silver
girdla uubrokeu, b ndinE them together il a sure ner-
fect Uniou-N Destroy the States, therefore, or. whsf il
their reserved rights snd powers ard vou
destroy ne entire g~overumenta. system, IS sfectusliy
a breaking the bond that united them leaves thsm Hfs
90 mauy unanehored ships to BE- dashed on the rocks Of
consolidated power or seek IN lie storm what port thsv
may where safety mag De found.
eeing a government, therefore. Of limited and dele
gated powers only us departments, legislative. cxecu- /
tive aHd Judicial, have and can exercise no povers
whatever not clearly granted in the instrument defining !
tkem either expressly or ty fair and plain impieofie-.
and. II they exercise any others .thsv ires5 rns1 ~
rights and powers Of the States and the people. tbeir
sets nsl9g neitaer laWful o. binding, and if sascfBal By
physical power or terror, tisspotie: and. became no.
hartful 70 the government Itself than any evil sueh 49,
coltd De intended 70 remedy, they ere never 10 be re-
sorted 70 or justified as means. And it becomes the
States and tho people. and especially the courts AZ ~
Of the law and the rights snd the powers OIL
power.
At the last term Of IBIS court, L eonsidsred and now
affirm as my ity requires, The validity Of he $40
avs Of TINS state viewed ID connection with the acts
and powers Of the general government of the United
states ana Its agents OF officers and department.. and
published.
Insed not comment here upon tbs dreaafully danger
'us act OF oosuuchng or threatening obstruction and
7iolenca 70 the process Of g lawful caurf, on the usreofi
n ltary or any other power, contrary 70 the genius Of
o1s which requires that the military shall be subiscte IN
he civil authority, and contemplate thBt it shall ala and
upport, never dessToyis
Bnt, gentlemen Of the grand jury, althoagh the Oh.
srs of-the court, by military rule which we csrrof
are now pouerless forth execution Of the 49,
Of the State, end those laws are thus. for a ~.
utilized in their operations. there Is vet mach for w.
nd ihs eonft . g fori and demansed by The wsf-
q the many other wholesome laws ~ ~ ssts AMI
be eommon law p~unishing crimes and nr.sness. And
1a Legislature mas contemplated. TO r-peHtaa acts. that
'nilst tHs confusion Of the Zines and The dep-esEonofl
ADJ ana properly may make Il the interest Of creditor
ai tteotoft arc ai civil law Migrants. alike, TO dcfer
isf teme4ies TOT fne ttue being, the penal laws should
mH9feee Dy tAe holding OF tie criminal eourts- and 70
gpohe may Weis iook 90 them for pr~otectou ecainst
~ aaa 4or tas yinaieaa0n Of inpocence, IN al oases I
llef lnef jurisdiction. Aud although. in times ard
laet circumstances ike those n~nhappHy shout ua. O. s 4
nihculta g. & i znpleaEsur % transact the bushes OIL ?
E e2urts I ara yet nxieVs 60 DO my duty 10 the Stale.
oHcsr I nm. aud Tie public. So always heretofore. 4
ne aeeuEtomee eEns ead solsmasaVi Of aelsr.