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

4
say who il VIII and who Il VIII not pBrole;
and when Gen. Thomas, the representative
Of the government, has acted, that act is
conclusive On all parties subordinate to him.
Gen. Thomas does not undertake to decide
the facts, bat his order does decide the ques-
tioa Of the status Of this man, whether he
is or Is not prisoner Of war; because the
order Of Gen. Thomas is Inconsistent with
the idea that he Is prisoner of war. The
two facts cannot exist together, because it
is not FOR this Court tOpresume that General
/ Thomas would commit The highest odense
known to military law, to-wit: violation Of
parole. The cartel between Generals Grant
aud Lee provides that al surrendered
men should be permitted 70 go to
their homes, but General Thomas says
this man shall not 90 home, but shah re-
main in p ison, and be tried by q Military
Court. This very act sstilss the question.
Again, The plea was rot set up Chat there
was any parole ii writing as required By
the cartel between Gems Grant and Lee. |
The counsel in this argument says there was
no written parole, then there was no parole.
On the other hand, Judge Guild and Capt. |
Goodwin asserted very ttoutly that General
Thomas had not deeised the status Of the /
prisoner; that this was the very question
they were here to try. He, Thomas, knew
nothing Of the man particularly. All that
be knew was that he was charged with be-
ing a guerrilla and murderer, and he had |
sent him before this Court to have the |
charges investigated. Was be now to be
cut of from his legitimats defenees; allowed
to Fl no pleas in bar; to do nothing but
plead over at once to theehargesand specif-
cations, and 60 10 trial upon them without
Witnesses They did not believe the Com
mission would thus mock the prisoner in his
hour ofPeril.
Judge Guild said he had ever found Mil
itary Commissions, composed Of the very
best Of men generally legal gentlemeu-and
he felt no apprehension that his client would
be denied justice.
Our readers viii reeollect the charges and
specifications against Ferguson ara very
strong the latter embracing no less than
fity-iour distinct murders. To what extent
be is guilty, is not for Us, now that he is on
trial. 60 judge. The people Of those coun-
ties through which his band royed are deep
y interested il the result OF his trial. Nor
does the interest cease there. The limits of
the effee. Of Gen. Thomas Order are 70 be
defined. If the fact that Generals Grant
and Leo agreed upon certain terms, by
which large and regular armies we're to be
surrendered, parolsd, and exempted from
molestaiicn by the authorities Of the United
States, makes it competent for every officer
subordinate to Gen. Grant 10 offer the same
terms to notorious outlaws, aud thereby estop
the gogernment from ell proceedings against
them for violations Of the rules Of civilized
warfare, the people wish TO know it. We {
make bold 10 say if the Order Of Gen Thom- ,
a., referred to above, is to be thus interpret-
ed its wisdom is at best exceedingly ques-
tionable After the surrender Of Lee, John [
son, Tsylor and Smith, was the peace of the I
country so endangered that it must be pre-
served at the price Of literally compound
ing the most airocious felonies. We cannot
believe it. Gen. Thomas Order cannotact as
an estOple to the investigation of such case
as Champ Ferguson's. If so We deprecate
that it was ever made. We pass no opinion
upon the prisoners guilt or innocence, but
we do say that there ought to be no legal
bar - a trial Of his case. The country can
not afford 10 smother it up in q mist of legal
bubbles.