Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1864-03-30
mrLErARY CoURrs.

DALTON, GA, March ~ 4so4.
EDITORS ATRIAL: In your valuable newspaper
some days since. there wss an editorial rather con
demnstOry Of military courts, and calculated 70 pro-
duce an impression that those courisFere constituted
by The President and that they were capable Of being
asea as engines Of military despotiEm. If this Is a
proper construction Of your meaning, 1t Ba double
nlEtake, and although very natural error, and one
probably Endulaed in By many persons, Is thereby rem.
dered more nseesssTy Of correction. Congress alone
can create military courts, and 50 far IS there Is
any testimony before the public, the President did not
recommend their creation two years since, or the in.
crease Of their number at the last session Of Congress
II nay originated In his conception, or have been fcs'
tered By him, his action has been caused by q profound
regard fer he welfare and security Of rghts Of both
citizens and soldiers, as conclnsivsly shown by bis
course In regard 10 the appointment Of the members
and jzdge advocates Of the courts.
The members o. military courts and their Judge-AdEe-
sstss havs been generally and almost wholly seioctea
from the ranks of civil life. and particularly from as
profession Of the law, men reared and trained in = pro-
found respect for the binding force Of laws and eonEti'
tutious. and u~ntutored in the wsyso Of desPotism. II Is
true that many Of these persons had seen some ute
service in the provisional army, but few II any, were
iralned at West Point or have been connected with the
old arnv. The nature Of their oface renders them 20.
4 nwlHHrtV mG9DpulenL o u C1l4c aAa AZ NJ AAN
o6seers. Their duties are almost wholly Judicial, and
thsy are neceasariIy exempted from OontrO. or punish
nsnt except for acts that would equally render thsm
Liable II presiding in a civil court. They have lew or
no fsyor1 to ask from their commanding Oficsrs, and the
members of the courts can expect no higher promotion
from the President than they have already attained,
uulsvs In rare instances and to other departments Of the
service.
Military courts, In their inception, had no Jurisdiction
over the property or lives OF citizens, and, although a
contrary impression widely prevailed and many per'
sons Outside Of the army wers at arst charged and ar
rsigned before them, they decided, with remarkable
unanimity, go far IS I can learn that they could not
ana would not exercise such q Jurisdiction. So esrefui
were they Of Infringement on the rights OF citizens,
that many Of these courts bsld that they could not en-
forss their attendance as Witnesses. Atths Las. session
Of Congress, however, this latter power was expressly
conferred on them, and SO kr as ny examination has
extended, this E sl The additional Jurisdiction now
vest ed with hem, in 50 far as citizens are concerned
without Wanting the benefits Of an institution with
which I sm connected, it can hardly be denied that,
whist aiding and improving TIE discipline Of the army,
these courts have grsatly enhanced sDd secured the
rights and liberties Of officers and soldiers. The msm.
beers Of the cuErts are isolated from sI the jSalousieE Of
the mass Of the srmy. They feel none of the hopes
ana fearz which inssnslbIy cloud the intsTlOcts and per
,urb the feelings Of hose who are engaged in the hsedy
strife for promotion. They are q permanent body, and
Il is their interest "a well as their highest duty 20 inform
tAsmseives well IN military law and all the usages and
customs Of the army. Thsy hope soon for t6eir return
70 the walks of private life, and mirgle again On an
equal footing with thoBs whom they ara now called on
to Judge, and, in so far as justice will permit, they De.
sis to administer punishmsntinmsreyi and ansi'y, they
have 10 reward in promise or expectation beyond the
appreciation Of their cOa try and a proud consciOusnsss
Of performing 3 painful and embarrassing duty with
hrmness and inieg Ity.
For these reasons I think military courts not the sab'
iect Of anlmsdTsrzion, and, least Of all, any cause OF
alarm 70 the people or Of blame to tho President
Yours respectfully,
DIRE WIN