The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1865-07-26
a Righteous Decisions,

Z s 49, -
We publish below q very, interest
ing and important decision recently
rendered by Judge Abel! Of the First
District Court in New Orleans. Capt.
Robert Lynn, well known in this
parish, was lodged in Jail on charge
|of numbering Q man named Roy N
The parish of AToyelles in the year
EIs63, aud was brought before the
FGourt by,a writ of Aabsas corpus. It
was proved by competent evidence
that the homicide was comb lied by
|relator while an officer of the Confed-
crate government, acting under the
orders Of his superior officers. The
prisoner was promptly discharged.
Wes are glad to see that this able and
upright officer had the firmness to
take a proper view Of a question
which relates to every one who has
been IA soldier in either Of tie COR
tending armies. If contrary doc
trine should prevail, any man is
liable to be arrested. and indicted at
|any moment for alleged. crimes, for
which he is in no wise responsible,
When a de facto government has once
been acknowledged as a belligerent
power, it would be subversiye of
every principle Of international
justice if its officers should be held
to account in the civil courts of the
conquering power, for acts committed
under that government. The following
is Judge Abelps decision
Judge Abel said, that in its importance
this case was not inferior to any other that
could be brought before the Court, and the
writ is one in its application which each
aud every citizen had n right to, whether
lawfully or unlawfully imprisoned.
1t appears that Lynn was arrested on
Thursday last and sent to the lookup, and
deprived of all access to counsel for three
long days. Three days may appear very
short time 10 man in the enjoyment of
liberty and q fat salary, but to one impris-
oned is almost an eternity.
Neither the Governor Of the State, the.
Sheriff of the Parish nor the chief of Police,
has any power or right to take and hold
man in confinement for three or thirty days,
without giving him the permission to con-
suit his counsel.
The practice has too often unfortunately
been when prisoner has been placed il,
confinement, .if not filched by the police, to
have some attorney thrust upon him who
has not turned over the pages Of a law book
in three OF. four years. He would not say
that Mr.. Burke was actuated by any such
motive !.
This is question Of the very highest i'm.
portance. Ii Captain Lynn can b. brought
before the civil tribunals of the country for
acts done under orders of superior officers of
a de facto government, theu every officer in
both governments who has transcribed the
law may be dragged by some Of our patriotic
friends, and they become the victims of every
demagogue.
. That he acted by the authority Of officers
of the Confederate Government are facts
established. Even though these acts were
rigid and marked with cruelty, they were
tolerated, and he not responsible for them.
Tiis court will not give its sanction to any
|.other construction.
He knew men who were most bitter
against the Union-Who even went so far
as to wish to hang good old Ben Flanders
turn around the momett Farraguts feet
appeared and become equally violent on the
other side. That the Confederate Govern
ment was defeeto Government was well
known. 1t was recognized by tho United
States even to the exchanging Of man for
man. They were belligerants in every
aspect, and their officers are not responsible
To thnI nnWprs of thia mr. any other