Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1864-04-02

e4nsatq lonA and void But to my mind l. Is lust a.
clear that Congress cannot confer upon the President
or any other othcer bat judicial oas the power 10
Issue orders warrants for the Of persons VI
civil ife ss was them aEd on the passage OF s ar
set previously that they could not confer the uoyer
upon the Presden. to suspend the privszs Of The writ
Of habeas cozpIs The late ia juss a. void as be
previous ones and for Ike reason IN il bas
attempted to DO what they hAd hOs power to do Ths
fst act en- the subjsct was asssntsd 10 ths eth
February, 1862. That attempted 10 confer the
President the power not only to suspend the privilege
Of the writ Of habsGs corpus h esrtsn cities towns
military districts etc but to declare martial lsT,
This on after was amended But 20 one can say that
during the proZresgof these events that silent
Ny sentiments upon the subj of martisl law, agzu5t
the unconstitutional usurpai0ns Of power we're pros
claimed throughout the tbs CoBfederacy, they
now, and win be proclaimed against the dangerous de-
partures from principle in this act Marsl law has
been abandoned and the departures from prin.
cple In this act viii be too. speak upon these
wrote upon those. have inclination to srragn ths
motives Of thoes who disagree with ne Great Driuei
pies are At stake, and fae mpslsd By hi Jh sense Of
duty, when my piniOnz sought to give them falY,
few thoughts more upon the subject IN another
view These relate to the object and workings Of the
act II t be sustained and carried out Yoa have been
told that II Affects none but the disloYal but ~
tors, or those who better than traitors, spes
/ bridge burners and the Ike, and you have been ap-
pessd to and asked such are entitled 70 vour sVpa
thies4 affirm, and shall maintain before the World
! that this set affects and may Wr0Hgfully Opprea
loyal sud a. good citizsus and as true 10 our
ever rod the soil or bresthed tae air CT the South This
shall make 80 plain to you thEs win ven
tuFe to gsins.y or deny f. This long list eg Ofe1ses
1OrLn sueG tdfteeu EDecinc1ona
az view them but rubbish aud ysrbIsge, which tend
TO and hids what In its workings viii be found TO
be II, whole gist Of tbe act Whistler such the
real object and intention Of is amars s1d advocated
know not Against thsi- motives patriotism have
nothing % say take the act as fnd IT, The whole
gtst Of Il les far appears upon lis face covered a
IN the fifth spsciaessisn, middle OF The at
a2a attenpts to avoid military service"
here Is plain ndisputsble sttsn,pt 10 deny svery
citizen in This broad land tbs right ordered into ser
vice. to have the question whether liable to military
dgiy under the laws tried aad adudicatsd by the cou
I haHN HHa arrNs
who voted FOR the bill l. know not but such world be
Its undsuiable effect If Eustsiaed and enforced man
over fftY years OF age, with half dozen In TIE
hsd, Who has done everything in bis power FOR tie
cause from the beginning OF the war may under nstrue
tons from tho Secretary of War be arrested By ths sub
enFopg otcsr snd ordered 70 camp, upon the assumed
ground that; ia point OF fact be is under fifty Under
this law, if Il be law, he would be without remedy or
redress case TO Illustrate BY, occurred within ny
knowledge last fail Orders were issued TO examine
the Of lS6) 70 the agssof persona and
Instructions given to subsurolIng officers 10 BE- soyer
cd a. to the age Ct parties BY those In the
alluded 10 by the census returns, the party was not
fortyve st the time Of arrest He protested that he
had not made the returns himsef-thst ths
turn erronsous It not given In under 0ath-thst
be able 10 prove BY evidence entirely ssisctory
the law as It then stood TO military service. His
privilege Of the Wrt Of habess corpus-Es right 70
have this question Of fse and Ia" settled BY the courts
snot then suspended, and be was discharged. But
what would be bis sitnson and that Of all others In
ike circumstance this act be he'd 10 be laHf II Is
said that the act affects none but the dsloya and that
10 good lawRbidiHg can Justly complain Of it As
view it, its main effect ia to close the doors Of Justice
sgsns thousands Of cit geOd and true, who may
appeal 10 the courts for their legal rights Take The
Of those who svAIlsd themselves OF the law TO
put in substitutes-some for motive and for
Snoher-Eome doubslesi for Hot only good bat Datri
ote motives believing that they could render the eOuD-
try mole service at h0ms than In the dsld know
who hiss put IN two, when ths call vas for those up
to hirtyhve years Of age, the other when the cali
/ 20 forty-hve Oas OF these ubstitutes was an
alien, whose services could not have been and
/ ed BY the Govsrnment, and who Is now 81 Charles
/ nd haa haau Trrrfu tha Thola ~ that
place This who put in these two substitutes,
NAMED st home most ussfally employed in producing
provisions Tor the army. All bis surplus went that
way while he had two men, sber bodied than he was
fighting for him in the 6eli Who would that such
that be was not liable uader his contract, be sup
posed with his Government he should appeal to the
courts to decide the question whether he Is liable under
the law nOti As 10 the law allowing substitutes in
the first instance and then the Law sbrogstlng
nuiliug It, and ealing the principals into the fsd,
have nothing to say What maintain Is thst Il Is ths
Ersst consfIfttfonsI right Of aHy sna every psrrv
sfsced by the last of these the subject have
The question OF bis legal liability judieay detsrmned
II BE chooses and then as coed zH abiding citizen
| act scsordingly.
Taksanothcr Illustration Of The practical workings Of
The Congress by law exempted from eonseriptiOn
such State oesrs as the Legislatures OF the respective
Ssts might degnsts proper to be retained for State
purposes. At your last session you, By fssOlatiOn
designated al the civil And militia officers OF The State
late order has been issusd by General Cooper, is
in t5s papers, doubtless undsTs order from the
Secretary Of " ar to enroll and send to camp large
number # these ofeersAmongs others justices Of the
pace receivers and collectors This order clear
y against the law of Congress and your solemn resou
ton. It Is u direct antagonism the decision Of the
1 Supreme court Of this State, IN the very
! in which they sustained the power Of Congress
| TO raise troops by eOnscHption. but In which
they bed that the power was limited, and that the
civil officers Of the State could not be constitution
| ally conHcripted. 1 uss the word eonseripted
pufoossIy-I know there is no such word In the Eng.
lish lsnguage-nether Is there any such word
scribe, tee one usually in vogue now days. new
hsd to be coined for process mode Of rslsag
srmieA unheard of AMI und canned Of by sneesors
and choose TO coin which best expresses my idea
Of t. But under this order Of General Cooper not
the right Of these officers il the right Of State
20 have the question Of their liability 70 eolscrpton
determined by the udieIsyi Is 1t not the high duty Of
Congress to compel he Secretary Of War and General
Cooper abide by that decision and to obey their
laws Instead Of attempting to eose The doors OF the
against the adjudication Of all such matters that
within the Eph=re ef their constitutional duties
Again, Congress by the last section Of the first con
script act declared that al who were or should be sub
jset TO 1t might previous to enrenent volunteer in
any companies then in the service. NOswiths andng
this express law OF Copgress securing the right of Aay
person liable to con5crption 70 Vsuneer IN any eompa
ny then n the service previous TO msRt snsrAI
Cooper has ssu ed order by direction OF the Sseeta
~ Of War doabtess denying this right volunteer
II auv company then In sxIstspee unless the number i
| such company is leEs than sixtyfOur Under this
Illegal order number Of as brave, gallant ghiyarous
noble spirited youths went Forth to battle for
their country and peril their lives for constitutional
liberty, viii 6s deprived Of their birth rghtths right
have questions OF law affecting their liberty deter
mined By the oourts-f this aet closing the courts
against them. shah be held TO be valid Tel ne not
heard not long Of In Albany; father car
risd his the district enrolling officer be had lust
! arrived al the age when he liable to conscrip-
ton; he never wished him to go TO the war 3
script His older brothers had gone before him they
went out esry IN the war as volunteers and then
formsd psrt Of that living wall Of frsemen which at
stands between and ruthless foe. BE told the en-
rolling officer, In substance that he bad brought this
boy the Benjamin Of hs heart smother Offering on
the altar ef bis country He was rolng As yoluSesr
under the clause Of the act alluded TO- BE- hsd selecssd
he company to which his brothers belonged He was
Ea fha
| greztly surprised and mortified 50 may be readily
understoOd be insisted upon the rights OF his son
Great bis surprise was st hrst however greater
was It sin to be. Tbs ordered TO jsii 10 Be
sent the Of instruction to be assigned any
company his ofieers might choose The high spirited
youth seornRg eonserptiOn, Offering himself vol
untesr asking nothing but his legal rights instead OF
beiag with cheers By the crowd, snd fathers
] parting blessing, was sent to jail a fsloni
Can anyone say that this WAs not most shamsful
Il Is. howevs-, but oue Of thousand cases IKE Il
that may occur, and probably win occur should thfs
law held be consttutiona aud II tAs doors Of the
courts are to be eiosed against sn who msy be or
law have here two letters which win further ils.
7se how ths act will work They are both addressed
to the governor One IS frem Mr.. Samuel b. Parker
written N Chsrsston jail Here Mr. s. read the let
ter, stating that the writer native Georgian
Thst he lived in Whthed county. That he was f0rty
seven years Of age a. the record would show then in
| wife, who was then siek1 with ten small
children, on The 27th Of February, OF this
year, when q party on horses, came and arrested
1 him, and carried him to Dalton And from Ds,
ton, be carried to Atlanta. Hs protested that he
age and not liable 20 military dutythas he
was f0Fty-seyen years old He told that thai
the right age 70 make soldier In South Carolina and
be Waz sent 10 Charleston where ne was Pat In jail
He appealed to the governor Of bis native Stats and
the State Of his residence, to have justice done him Of
ihis Mr. Parker, SSH Mr.. s., know nothing, exespt
what s stated IN this letter Il may be false, and yet
Il may be true. II true Justice ought to be done to
| man So greatly outraged and wr0ngsd. But whistler
true er false, the courts ought to be closed
agAinst inquiry into the facts and never VIII be- 30
long personal security has any protection In this
I country
The other letter is from the Hon. John Oats usm-
Der Of this House from the county Of Murray. II 4
dated the 11th Of this month the day after tho meeting
OF this session. Here Mr. S. Rad Mr.. Oats letter.
stating that he detafnsd NJ Atlanta under very
painfal circumstances. His eldest aon who had been
in the army, wAssuoiect TO sPePsy, and had been dis