The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-11-25
5gaslrille Aniuu.
sATURDAY, NOvEMBER 8, lsss.
PERSECUTION OF UNION MEN IN
KENTUCKY.
InpOrtaut Letter from Gen. Palmer.
How the Rebels May be FIanked.
Li.. HE&DQUAEEEEs DER'r-OF KEN1ucKF,
LOUISVILLE, KY, Nov. q, 1865.

I - oe AM mated pE an insane desire TO anne
and harrass every man who has steadi
adhered 70 the G0vernmsnt.
Your Judge Andrews Is said 10 be loy
inan, but from many accounts ] have =
ceived 81 his conduct, il is apparent III
his bitter prejudices and probabls ignof an,
| produce the results thss usually follow fro
disioyal syn npathies. It is disgraeeful 10 4
concerned, that upon the facts Of your cas-
as you state thsm, any Judge OF Jury shoul
4 hesitate 70 declare that your conduct wi
not only lEWful but praiseworthy.
You inform me that "Col. Walker, yOt
brigade commander, ordered YOU to 70
certain counties and press horses for til
services Of the United States, and to tax
them from rebels and sympathizers, snd I
give receipts for them, which you did thi
/ you pressed about thirty n0rses unde
this order, brought them to camp, wher
they were branded and put in the servie,
aud taken up by the QuartermBster 50 au
now you are sued BY these men for Ia
/ price Of the horses, before his honor Judg
Andrews, and the jury divide upon th
question Of your liability. I am happy I
congratulate you upon your good fortune i
being able 20 divide the jury. In many coun
ties they would not have hesitated in findin
against you. Ordinarily, it affordb n
grounds for complaint, OF even regret, tbs
/ judges are slow 10 accept or apply lega
principles with which they are unfami lial
but the obstinate blindness Of some Of tn
Judges Of the Stale courts seems 70 be tha
Of msn who will not see.
Contrast their reluctance to enforce th
law for the protection Of officers and sol
diers Of the United states army, and othe
/ loyal people, with their esgerness to al
NIT ana enforce the almost ludicrous non
sense which some Of the circuit judges hav'
delivered as law, "that the reoel officer
| and soldiers, ana even the guerrillas, VIII,
have committed almost every species O
loutrase upon the people Of the Stale, in
eluding murder, srs0l, robbery aud larceny
are not responsible under the laws, eithe
/ civilly or crimiually, because, as thes'
| judges say, tkey we're a. the time belliger
| ents in tue service Of a De facto hostile gov
| ernment, but that Federal ofhce,s aud sol
diers ana los al ciize1s, engaged in the cIvi
service OF the United States, which IS th'
Tightiul and lawful government, are no
protected ~ its direct orders for acts done
IN the course Of their ofhcia. duties JudgI
Doniphan has decided, / believe, that th'
orders OF a superior, when obeyed in good
faith, do not protect asubOrdlnGte even IRON
& crminl conviction
II must be rare sport for the rebels to Oh
serve thst the judges and iuries Of Kentucky
mold that their reasonable, insurrect tiOnary
and defunct government had still such 1
halo Of sanctity that its memory pIotect'
them from punishment for all their outrages
while the servants Of the rightful aad Iri-
umphant government Of the United State,
are either immured in jails or scourged will
foes aud verdicts for damages because they
obeyed orders issued under authority OF the
President. ! have hoped that the courts and
juries OF Ken,ucky had sufficient love ioi
the Government 10 feel grateful 10 men wht
have perlled their lives in its defense, anc
that this feeling Of gratitude would make
them reluctant to enforce the law when i
was clearly understood against ofneers ane
soldiers who have acted IA good faith, bu
some Of them seem delighted 10 find opPor-
tunities for persecution and annoyance "
course, YOU must bear this with patience
You must struggle IN the courts, pay large
sums for counsel fee, for costs and for fines
ana damages, and even give bail or 60 tC
iail. while thousands Of rebel officers and
soldiers remain in the State under the pro
tection OF the laws, Of the public opinion
upon which these judges ana Juries live
How can these sagus prove they love the
country oiherwise than by furnishing evl-
dence that they hate all its defenders and
friends.
mrkilv, however, you have one means oi
escape. By the fourth section Of the Act o
Congress, entitled can act relating TO habeas
corpus and regulating Judicial proceeding.
IN certain cases, approved March J, 1908
II is provided '"Thst any Oroer OF The Presi-
dent or under his authority made 81 any time
during the existence Of the present rebel
lion. shall be a de,eAse in all courts to any
sct,on or prosecution, civil or criminal, pend
inc or 10 be commenced for any searcn, ,seiz-
ure arrest or imprisonment made. done OF
committed, or acts omitted 10 be done un-
der and bv virtue Of such order, or undel
color Of any law Of Congress; and such de
tense may be msde by SPECIAL plea or undel
the general i.sue."
TSis law, as you will see, was passed Il
meet lust such cases as yours aud the cas-
M every man who has served the Govern
ment during the late rebellion, either a.
soldier or citizen.
While the war Wss going on, we wer'
often distant from the sources Of supply
We were compelled 10 have food aud cloth
ipg. and ho,ses and mules for cavalry, ar
tliIery and transportation. According 4
such wise men as these Judges, when order
ed to seize the required articles the subordi
nate officer must refuse to obey until tb'
opinion Of some lawyer five hundred mile'
n the rear, could be obtained Is 70 the law
fulness of the seizurei or, IS IN your case yos
n,nst decline 70 obey the command Of you
brigsde commander until you could consult
Infge Andrews. John Morgan and his fol
Ioyrsrs. who were "belligerents," and in sbt
seryice OF The ae tacto governments, resPOnfi
bIs 10 nobody, could ravage the country a
nIeasnre, and you, BY the way, very proper
iy. shot for your doubts.
The object Of this law was to place th'
rsspousibility for the acts and omissions
specified in the section quoted, where I
properly be .opgs--0n the Government.
The Congress which enacted this Law
so,asaw that there would be elamors, IS
neeislly among the enemies Of the Govern
ment. in consequence Of many necessary
ats. aud that rebellion would hsve repre-
ssptatives upon the Judicial bench Of many
ofthe States, and tuas luries Of rebel pro
cliyities would find place upon the panel
Bv the way, you may safely trust rebe
s6ldiers 10 try all such questions, ( r they
know what war means. and they know tha
commanding troops no time OF war Is no
superintending q Sunday-school. Hence
ths ffth section provides for the transfer
All such csses 70 the Circuit Court OF thi
limited States ior trisl, without regard u
the residence Of the part es or the amo1u'
in controversy. Toe sixth section provide
for writs Of error 20 the supreme CouHt q
the United States, and The seventh seetlol
ofthe act, limits al prolecations ana SUITS
criminsi o. civil, for sets speclnea5 70 W.
yesrs from the happening Of the cause Q
action. You ought 20 ayali yourae4i oi 'h'
6fth section oft6e act Of congress and y lans
cs- vour Cause 10 the Circuit Court Of tn
United States. ..-.-.-,,--
Psrhsps vour Judge may refuse 70 alloE
a. trsssfer He VIII decide, probab y
- tbe Isv, ia unconstitutional; "but II j
,.-,,ided In he law that 10 all such cases j
fbsU also be competent for either patty
-, =, - r,oushs after rendition Of judg
r,s-,t II anv such cause By writ Of error o
-, ,-,.ess Z, remove the same into th
%---.if Court Of the United States in tbs
Di.friet Ia which such Judgment shall hHv
I - rendered, and the Circuit Court shal
49, nor, pfocsei 30 ~ and determine ID
80. 80 The law IN such action, in IN
--.-s ,,s,,,sr a. II The same had been the
-.-5,sffg commenced the Judgment II
f. - notwithstanding" Ihe allow
- - Of tbe writ Of error b. the U stste
| - orsus the judgment Of the Stat
CouTt for trial Of the isaae Of law and fac
| S,bi.b nav arise IN the case.
Vo1 aus perceive that q military ofieei
| soldier. or other oficsr or person,
80 or prosecuted, civ.ily or eriminAlly
-. 80 ats done in Obedience 70 orders tron
-. p-esideut, or iss1ed under his authori
- az apy acI Of Congress, and il b
I x. reference for trial in The Clreu
Ts.,,s "A the Uuiled States, he can 'sithou
~ lesst q ifsculty, upon entering bis ~
pesrsDce n the STATE Court, remove u
,... s,.-rp that 20 the Unitsd States Cour'
M i.to Be deplofsi that there should ;
- general dsstrusi amoug loyal men (
he iustics Of the STATE C7urta. bai it Is II
s.nit I'd ne Judges themselves who 80 grosl
- ,5,i,~sgsrf he Law aud eriEco - mnc
er~Sssv 3 .reaeh ard puuish acts shie
- dons IN tirne of ser and demanded ;
~ pablie safety. 10 j. The duty q q
i.,.i =. of he STATE Coarts . knoW ahd giI
| sesSt u tbs laws Of the United States an
u,~nv of thsm Dc 30 With The greatsst ints
lETsncs snd eourlgss but tksrs are sihs'
who VII not.
nay sda, thss EPoz The transfer Of sac