The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1865-08-11
Important Legal Decision.

Important Legal Decision.
A case OF importance, as showing
the holdings Of the Federal Courts
touching the responsibility of Confcd-
crate officers before the civil tribunals
Tor military acts done in obedience to
the orders Of their superior officers.
was recently decided in the First Dis
trlct Cont of New Orleans:
In accord n.e with the writ of
H0oenS corpus .ssucd from this Court
on Saturday Mr.. John Burke pro-
duccd in Court the body of Robert
Lynne, and showed cause why he had
arrested him, namely: aflidavits rep
roScntins him as S,AAy of several high
crimes. Two gentlemen testified that
MIR. Lynne had been an officer under
the Confederate Government, and
that he had power to shoot s,1mmarily
layhawkcrs. It was contendcl that
Roy. one of the persons shot, had not
been jayhawker. The oath of allie
s1ance, and also the amnesty oath
taken by Capt. Robert Lynne, were
i!ied. The affidavit of Capt. Robert
Lynne dcposcs that in the e:,rlx part
OF the Year 1863, being then in the
Parish of Avoyelles, he received from
General Richard Taylor, department
commander, through his immediate
military superior, orders to collect in
ca'ap ell conscripts in said Parish:
and that In case of armed resistance.
that all men SO found with arms in
their hands should be executed sum-
marlly. These orders were captured
with his baggage ut Staunton, Va,
ana ne himself was taken prisoner and
Kept In confinement, and it is impos-
slble Tor him now to produce said
orders from his supcriors, in conse-
Iuence OF the capture of the records
OF the. .Confederate Government. !
The Attorney General, Mr.. Lynch.
made all able speech to show that Mr.,
hoy, who, it seems, was shot bv order
of Capt. Lynne, during the ,r ,yalcnce
OF Confederate rule in the Parish of
Avoyelles, was not a javhawkcr, there
tore the case Of Capt. Lynne does not i
come within the protection extended
by the laws OF Var to recognized bel !
ngerents; that a Confederate grand
Jury had preferred charges against
Capt. Lynne. On the conclusion of /!
the acknowledgements speech, the
counsel for Capt. Lynne submitted the
case to the Judge without further ar
gument. The Judge thereupon pro-
ceeded to deliver his opinion. The
Court stated, in substance, that it had
been proved Capt. Lynne had acted
under orders Of his superior officers.
and that the Confederate Government |
was a Government tie filcto at that
time in that Parish; that to make per-
sons amenablein the civil courts after
the war was over for acts committed !
during state of war, would open so
vide an arena for endless strife that
the consequences would be awful, and
tend rather to create endless dissen-
sions than that state of harmony that
should now be cultivated; that acting
under any 0 her principles, all the
soldiers OF Gen. Lees army might be
indicted individually; that in the.ex-
change of prisoners and other things,
the United States had recognized the
Confederates as entitled to the rights
OF selllgerents He, therefore, order
ed the release of Capt. Lynne instan-
ter from all the charges preferred
against him, without, however, i'm
penching the motives of the Attorney
General, Mr.. Lynch, or those of the
Ch1et OF Police, Mr.. Burke, as he be-
heved'they acted from zeal in the dis
charge OF their duty.