The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-09-12

Inent for the defence N the following ori
but eloquent effort:
BY permission Of The Hon. President
lhs Commission and The members compri
iag ID, we. the attornoys Tor the defender
champ Ferguson, beg leave to submit u
.anowiuc review and argument Tor The
l-udsnt.
There are iimas IN the lives Of ell me
when they doubt, seriously doubt, what
che best s,ey-to De taken to secure a certai
aIfert, or to promote, or cause 70 bs promo
ed, @ certain principle Of right.
an men have "a idea Of right and wron,
aBditisaweu established principle Of Is,
that he Almighty has set forth, that ma
a5es right 60 lar as his weak mind will per
l.t him, unless that mind is poisoned b.
undue influence over which be ha, no con
.ra.-rat least II he have control, he he
not been endowed with the moral courage &
resist.
The statement is 60 nearly a axiom, tina
lis unnecessary to demoustrats or illus
tFate.
The assertion or truth above set forth will
andy equallyto the prisoner a. the bar and
me honorable commission.
". therefore acknowledge that doubt
aatr.ssn how We sh uld proceed to accom-
r..h he object We so much desire and so
t.ssslly believe should be obtained.
How easy t. would be Tor man TO live with
as fsl5w.mau, correcting all evils, snd
promoting ST good, had we remained as
created
If our reason were always as in our first
ancestors before the trausgression, clear and
perfect. uurualsd by passion, uncloudod by
.-cudicc uuinl paired by disease or intern
p.rauce, The task would be pleasant and
a.,. re should need no other guide but
u.-.
B1r every man finds the contrary to this
n his own experience, that his reason is
rrnpI and his understanding fun OF igno-
rarc and error.
Ee, therefore, in the blindness Of human
a,5u. mustrcsort humbly 20 a Divine pow
r1r further advice and direction.
Our uoiistoi. Is our conscience, which is
10 original faculty Of our nature, faculty,
rr5wer, or principle within us, which de-
.Ess 90 the lawfulne.s or unlawfulness Of
arr 7,su action aud affections, and instant y
approves or condemns them.
We therefore ask that this case may be 50
uruadsrel by the commission that all preju
may be thrown aside, alI undue public
opinion may be- ignored, and that after q
..-I. impa-sionate reasoning, as to the facts,
. tasbcan Undergone, quiet spirit may couu-
I Them as 70 justification or mercy.
This case has occupied the time Of the
Com, l0r a period Of nearly two months.
The amount OF testimony collected is i'm
meuse, too great to attempt 10 recall to the
court in this argument, nor would it be nee
eaary, rs they have 20 faithfully listened
,s7ery ayliablo uttered by each witness.
Tho court viii remember tina: the uni
Tsrral tenor Of the evidence is that in all
.a,ss whore the defendant was proven to
l.se committed wrong, it was against
gbo.s who had WsoaCed him or had threat
sus1 ia 10 do.
Iruot necessary to mention the names
a the persons who suffered the wrongs, or
Eho sought 10 wrong the defendant.
lthas been fully shown both by the pros
.adau aud the defense, that the state ofthe
H.tun iu which the acts slleged to have
hse1 uulawrll were committed was that OF
nsr.ec. chaos.
Noaw prevailed, NO order could be re-
stored.
The military ofeither side permitted IL to
remain unprotected and therefore personsl
. lsuit arose which were adiudicisted by per
aoual force.
That this has been mutual is shown ny
O. testimony OF the frstand other witnesses
rr the prosecution, e. well as witnesses for
he dsfenre.
Why therefore should one individual be
punished, and others equally guilty OF the
zamc ohense be held blamelosss
Itappears hy the testimony Of at least
two witnesses that the defendant vss a
commissioned officer Of the Rebel forces,
aud Such acts as he committed were under
the direction Of superior officers Ct the Con-
Tolerate States.
That the command ng ohicer should be
r.spausible, and rot the individual who was
compelled SO 10 act. is plaza. See Halleek's
Inter Law and Laws Of War, page sac and
following
But even admit f5r sake Of argument that
bahls 90 the ground, thst the prisoners
smmisson does not protect him, that he
should be punished for the acts committed
ua3C positive directions from his superior
0airer, that he had no right to defend him
SELF, that his organization Of a company was
Nightmare, that that command had done
Fo.cpce, yet is not The letter of Msjor Gem
ral Geo. II. Thomas to Major General Lowell
q RoUssesu g complete pardon for all pass
-s, provided the conditions therein con-
AIMED were complied withs
Was not that letter founded on good judy
ueat and cool reasonings does it not show
TIE. The pTc5epu oIthe Holy Book had been
studied and regarded
is IL not PLAN that the pardon there Of
tered was like that offered r,- a., s;,, cam
'.,''1 IN me garden Holy History?
Nan any oaee. aim that ths conditions set
i'''H on that smne'ty were refused NV IN.
pr.s5a,r At the bsrs
The proc! goes plainly To show tb., IN,
wsa.a'sly on the reception Of IN. -
t1n therein contained, the prisoner -,
'he 'sme, and was sHSious to lay down A..
bloody sword 50 long welded with ~.
b.o'asiainsd swords Of his opponents.
he willingly gave up hn follower ana
dr. c,ea tasm to sacrealy swea- n the pres
eNc' OF Their OWNS Creator that hereafter
The al0od OF their fellow man should n,
''ugef sttsch TO thsig garments.
A.! 'h' vas done, yet Of al The bsnd-o
a. ".tain h.s OWE section OF thacountFy-o
q. within the noble Department Of the Cum
I'rlane-5i a.. within the Scared lands O.
vs. Fe''i1so--'i an within the bounds O
zoe United States, who had identified thsm.
ives With similar Independent, bands. b,
1io1o ives refused pa.aop.
WY '''' 'sa' all others are ps-,n,,t,3 d,
o. iroo aud he punished ''''''''' -
way BE- 1t shat The hiph en-,
mandei ia.s almost urFro,.. no com
end be ayaisued igr his Lite, ma ma are Tree
The man who isaea him 81. Is u mat
and abe many ciyll officers Of Miss % n
government arc free, while H. -.-- soe.'. 'u'
dungeon N
These are serious questions tb... 49,
Questions o. right thee are gu,s,ior. =, :.
vii be asked by our children and o,- "a. "a
drehs childreH, aud they will wops.-
they should commit crime. whe,b.r a
should tgaer 6r il or arise higher in N
scale Of sin and be psr5oued.
We alec call the miads of The bs,o,sh,
'5.amis'.on % he pleas IN bar shs. NJ.
0asrsi BY The defendant a. the beeinBiB
Of his trial.
We bold then to Be tsod in law, ana no
f''''uy asT'y VII rlssa hsu.