The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-07-15

Abscor ded without paying the amount,
besides leaving indebtedness TO other par-
ties oiover 500. #
Trial Of champ Ferguson.
FOURTH DAY.
The c .urt convened according to adjourn-
meut, when the counsel for toe defense put
in the follswiBg Plea in substance;
sUnsrAEcr OF PLEA
After rfciliug ,he facts and terms Of Lees
furreBd :, the plea SITS up the Order Of
Major seneral Geo. H. Thomas, Issued May
lst, 1865, to Msjor General Lowell H. Rous-
seau, as covering the entire case Of the
prisoner. Thit Order reads as follows:
HEADouARrEBs DEP'r or CuMBERLAED,
NASHVILLE, TAM, Nay LIST, 1865.
10 Lg5or General Rousseau;
Send a summons under flag Of truce TO
all ard every band Of sJmed men in your
vicinity, or Of which you may know, who
arc operating nearer 10 yours thaa any other
CO ninand, aud cali upon them to surrender
you or any officer you may nams for that
lEi NiAFNf up IT AuN taAAA9 ANAAAa a. -4~N 4N-A
rendered 90 Gravt
II they di'regard your summons and con-
tinue acts Of hostility they viii hereafter
be regarded ss outlaws, and be proceeded
against pursued, and when captured, treat
cd as outlaws. GEO. II. THOMAS,
Maj Zen. U. s. A.
The remainder Of Il plea reeites the facts
Of Ferguson's surrender as detailed in our
report Of yesterday, claiming that he was
solely induced under this Order 10 give him
self up This is plead in bar Of ali further
proceedings in the case.
The Judge Advocate said that he wanted
only fiesn mniteH in which to make his
reply. In a short time he read the fol-
lowing:
The Judge Advocate states that demurrer
Is unknown in practice in the military courts,
and he therefore submits the following oh
jections 10 the plea Of the accused, and says
that the Court cannot, and ought not, con
slider the same, because, he says, If ell alle
cations in that plea were true, it would not
preclude this Court from trying this cause,
for the following slsons:
]. The plea shows that the prisoner did |
not surrender rs prisoner Of war, nor was
he parolod as such.
II. Tho plea alleges that ths prisoEer sur
rendered IN pursuance of the cartel between |
Ut. Gen. Grant, commanding the armies Of
the United States, and Gen. Robert f. Lee, |
commanding the armies Of the so-cslled
Confederate States. But it does not allegc |
that thcre was any written parole or muster |
roll Of his command made, as that cartel re-
quired. Hence il does not place the prison
erwthin She terms Of this cartel.
III. The charges in this case show that /
MAJ Gen. Thomas, commanding the Militia
~ District Of the Tennessee, has ordered /
the prisoner 90 be tried, and this order is
conclusive upon this Commission. SO long
as Gen. Thomas refuses 10 recognise him
prisoner Of war, this Commission is bound
by this refusal
". Il Is not a sufficient ayerment of Office
y assert that ;he prisoner was regularly
commissioned as Captain, by the authorities
of the so-called "Coufederate States" For
the purposes OF this question. the 'so-called
Confederate States" must be regarded as a
foreiga power. and as this court cannot know
who are the "authorities' Of foreign State,
or who eau regularly commission as Cap. |
tain" Il is necessary 70 know who they |
are in the plea, and TO prove it. Whereupon
the Judge Advocate moves the Court to aver
the said plea aud pct the prisoner to plead
20 the charges and specifications.
the second or additional plea Of the
said accused, the Judge Ad- 1cate says, that
this Commission has not the power TO grant
she prayer Of the accased; that ON the seth
day OF June, 1895, Major General George
Il. Thomas, commanding the Department
Of tho Tennessee, ordered Maj. Gen Rous-
scau, cammsnding tho 0isi. Of Middle Ten
nossee, 10 have The prisoner tried ON the
charges aud sPeei6eaiions in the case, Al as
early day as practicable aud that on the Sd
day Of suly, 1865. Maj. Gen. Rousseau or
dorsi this Commission 70 try thiroase
Wherefore, he says. ths Commission has no
power 20 entertain the second plea.
Judge Guad-I shall insist upon the con-
sideratioa Of this plea.
Judge Aavocato.-0f course YOU viii, e.
YOU would not have 6led ID
Tho Judge Advocate then male very
pointed argument IN favor Of his position.
He thought it great presumption for Che
Court 70 say 10 Gen. Thomas, by whose or
der The Court YVES convened. that he had
senta prisoner 81 war 70 be tried before
military commission, whom he ought 70
have paroled.
nc s1'o' The pleas afterireciiing thsi Col
'A'''a invited the prisoner and his
~ ss't' adeF, goes On 20 state that col.
'ia teee'Set the surrender Of. sud
l"foiea Ahe men snd officers OF tho hand
oa' as 10 inns prisoner, he refused q, rece;,s
ms surrender or parole him until Ia copls
receive further instructor. 49,, -
Thomas. This was on the ass 49, - -
last Aai on The 2''h day Of Msyl TIRES
days ai1eT.l Col Blackburn sens ana -.
ed The prisoner, brought hha 90 N,.b,;I,.
aud lodged him in tho military r,is.,.,
Where he is nov confined. This utterly .,,.
e'odea the idea that he was pasolei, o. 70
garded as prisoner Of war. Il Is not tn.
province Of this Court @ sii in Judgment on
W. AAlt+lllle ana AfIas Ellf h
bara. Il is enough for you to know, a. this
piea shows, that Sol. Blackburn did not pa
role The prisoner. aud thst Gen. Thomas re-
ta.es 70 recognise him As prisoner or war.
whether Col. Blackburn ought 10 have pa
sO'sa him, or whether Gen. Thomas ought
:" 'sa' HIM as prisoner Of war. are NOT
ma''''s 4or You to decide. When General
4n''aHs vents the decision Of this Commits
son - y 'i,s matter, be will lel Us know.
4tpTe''nt ali We have 70 do IS % chew N.
orders aaa Try This case. man. -.
Of eea. Ifo@as % say who NAV ! ana w.
may not Be parolea. It,ras tbo n-iy;,.-.
OF Col. Blackburn 20 parole bi,, - =.
the oaieer resolving The surrsnas- p
graPh iSs, see. VII, 6enorsl order 1eo -.
No prisoner Of war can be fer,,,i A.. i,
hostile government 10 parole himself 49,
no government j. obliged 20 parole pri.orsr,
Of war, or 70 parole al captured officer. h !,
paroles any A. Tie pleaging Of the ma
roles d 40 indivdual act. 60 Is paroline !,
the other hand, az act Of choice on the par
Of the belligsrsnt.
It Is the privilege Of the government .