The south-western. [volume] (Shreveport, La.) 1852-1870, 1865-08-02
A Just Decision.

The Alexandria Democrat says We publish below
very important and interesting decision rendered
Gently By Judge Abel Of the first district court in New
Orleans Capt Robert Lynn, well known II this par
ish was lodged in jail on a charge of numbering man
named Roy in the parish Of Ayoyelles in the year
1868 and was brought before the court byt writ of
habeas corpus. 1t was proved by eompetenteydence
that the homicide was committed By relatoWhile an
officer Of the Confederate government actig under
the orders Of his superior officers The proner was
promptly discharged. We are glad to sect that this
able and upright officer had the hrmness to take
rrnnar view of a question which relates to ergy one
who has been soldier in either Of the contnding
armies If contrary doctrine should prerail, any
man is liable to be arrested and indicted a. any no
ment for alleged crimes, for which he s in no wise
responsible. When de facto government has olce
been acknowledged as beligerent power, it void
be suhversive of every principle of international s-
lice if its officers should be held to account in thecEl
courts of the conquering power, for act: committed
under that government The following is Judge AeIs
decision
Judge Abel said, that in its Importance this case
was not inferior to any other that could be brougt be-
fore the court, and the writ is one in its appleton
which each and every citizen had right to- whether
lawfully or unlawfully Imprisoned.
Il appears that lynn was arrested on Thursdavlast
and sent to the lookup aud deprived of all aces to
counsel for three long days. Three days may appear
very short time to in the enjoyment of liberty
and fat salary, but to imprisoned it is almos an
eternity.
Neither the governor Of the State the sheriff the
parish nor the chief Of police has any power or light
70 take and hold man in confinement for tire or
thirty days, without giving him the permission to on
suit his counsel.
The practice has too often unfortunately been then
a prisoner has been placed in confinement, if not
hlched by the police, to have some attorney thru up
on him who has not turned over the pages of Law
book IN three or for years lie would not sR that
hf Burke Tas actuatcd By any such motive
This IS question of .he very highest importance
Il Captain Lynn can be brought before the evil tri-
9uuas Of the country for acts done under orlers of
superior officers Of de facto government Their every
officer in both governments who has transcen6d the
aw may be dragged by some of our patriotic fiends,
md they become the victims of every demagogIe
That he acted by the authority Of officers of the
government are facts established Even
hough these acts rigid and marked with crIeltv
hey were tolerated, and he ID not responsible Tor
hem. The court will not give its sanction to am other
He knew men who were most bitter aqaifst the
Jnion-Who even went far as to hang good old Ben
'landers--turn around the moment Farragut's feet
ppeared and become equally violent on the other
de. That the Confederate government was a dc faeto
overnincnt was well known 1t was recognized bv
lie United States to the exchanging of man for
ian. They we're bclligerents in every aspect and
ler officers are not responsible to the civil powers of
'"t S1H' - be dis |