Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1866-04-25
MEMPHIS APPEAL.
wrDxrsDAr.. APRIL IS, 1885,

7 : Q
nS~ We were in error in mentioning
Wednesday to-day as the time OF
which the ladies Of our city viii decorate
the tombs Of the Confederate Dead. Tn
service viii be rendered 90 tomorrow
being Thursday the 10Th inst.
Is PAROLED OFFICER OR sOLDIEE
LIABLE TO BE AHRAIGNED \
PUNISHED FOR TREASON1
It has never been our belief that tn,
press should assume review functions
over the Judiciary branch Of u civil
polity for whom we believe il essential
10 a proper conservatism, that the people
should have the highest respect and
consideration. Indeed, we have long
regarded as one Of the special, signal evils
Of radical higher law democracy, this
disposition Of certain journalists to AFRO
gate the right, 10 sit in Judgment upon
the judicial decisions Of our highest
courts touching the gravest questions OF
constitutional law or matters really re-
curing kong years Of legal study and re-
search for their proper adjudication. But
We believe, there are questions however,
chat now and then get into the courts,
concerning which any layman OF ordina-
ny intelligence Is quite as well fitted TO
form q correct opinion as either the
learned Judge OF the eminent lawyer,
whether q MARSHAL, an ELDON or q
PNcENEY-9uestilns which from their
simple nature, but general public inter
terest, it may become the province and
the duty Of the journalist to examine
into. although that may lead TO the as
sertion of opinions adverse 10 the dicta
Of those whose assigned province it has
been made TO decide I'm the premises.
With this view OF the relations be
tween the press and the judiciary, and
with The highest respect for the judge,
we have carefully studied his decision in
the case Of the United States against
Gen. Z. W. RUCKER, L. :. Circuit aud
District Court for the District Of West
Tennessee-Judge TRIGG presiding-a
decision which at this time OF the great
est import TO thousands Of this commu-
nifty, may be briefly summed up as fol-
lows;
/. That Gen. GRANT and SHERMAN,
or other military authorities who brought
about a close Of the war just twelve
months ago, We're not lawfully empow-
cred to grant termso Of c~apitulation which
could have the effect to relieve the Off
GERS and men Of LEES and J~oHNsToN's
armies, and other Confederate ~sOldiery,
from subsequent amenability to the civil
tribunals for the overt act of tTea-
SOB, consequent upon taking up arms
against the supreme authority Of the
United States.
.. That the "war being now happily
at an end, we have returned to a state Of
peace, and the power and authority Of
the civil courts are restored" and hence
Gen. RUCKER and all other citizens Of
Tennessee who, like him, have taken
part il the war against the Federal au-
thOriIy may be proceeded against in the
civil courts for the civil ofense Of trcG-
son: OF, in other words-aud we put ii
thus with entire respect for the Judge
the JUar haUing now been c~onclusively
ended, u civil society, from n end Of
the state TO the other, may be lawfully
~eonyulsed and set by the ears w~heresOever
a grand jury may be found ready to in
dict their fellow-citizens, as in the case
OF Gen. RUCRER, for treason in having
borne arms a. Confederate soldiers!
The principle Of the subordination Of
the military to the civil authority, upon
which Judge TRIGG seems 10 base this
decision, We admit, is a fundamental one,
and of inestimable value, too, Just at this
juncture-but We apprehend he has car
ried it quite out OF its legitimate sphere.
The civil arm Of the law is simply su-
preme over the military in civil matters,
and not in connection with that aJHor-
nal yet strictly law-defned and regu-
lated condition which, for the time being
ali citizens occupy, who may become a
part of the military establishment Of the
country. In other words, the civil courts
El4AlDA 111AAAAE EAENAAhA IAAA-AA-A4kA
over q s0Idier-that is, take him out
of the hands Of a military tribunal
and arraign and Try him-for any
act Of a military character, such as mU-
tiny, d-isobedience Of orders, false muster,
e-mtezzlement Of money or military
stores, or any other act Of omission or
or commission embraced in the rAesand
and articles Of war. Or, 10 illustrate
what we mean more precisely: Under
the 9th article Of war, "any officer or
soldier who shall strike his superior Off
{" Ger, or draw or lift up any weapon, OF
&" offer any violence against him, being
a. in the execution Of his Office, on arg
"greteaee whatsoever, shall
"sufIer death, or such other punishment
"as shall, according 10 the nature
"of his ofiense, DE inflicted upon
thin By the sentence of a court
martial Now, by virtue of this
enactment a court martial is fully en-
powered to adjudge the death penalty for
a mere blow or even The Hitting Of a
weapon against a superior who is in the
discharge Of his duty. 1t isthe resistance
in a military point Of view that makes
the crime, and not the final issue Of that
resistance, even though that should be a
homicide; nor would the character of
the punishment IN a military court de-
pend in the least upon malicious or pre-
meditated intention in the homicide las
in a civil court so that it occurredfn con-
nection with a superior Uhen in the.
execution Of h8 Office"
Civil courts, as rule, have jurisdiction
over homicides, even homicides commit
ted by the military-and military courts
do not, except As provided for in the 9Th
Article Of war, and the murder has been
committed upon the body Of a supe-
rior who at the time too, is in
the discharge Of his office; but not
we submit, IN the case Of a homicide
committed by an officer or soldier under
circumstances covered by the 9th article
Just cited. In al such eases ID is the mil
itary and not the civil tribunals that
have lawful supremacy. So too must il
be In all matters affecting persons treated
with as belligerents Of an Acknowledged
military organization OF status. All per-
sons engaged i'm the late war on the side
Of the Confederate States we~rerecognized
blythe Executive, Judicial and Legislative
branches Of the United States Govern
ment, in repeated instances, as regular
beIigerents. Indeed the armed forces OF
the Confederate States were the only
portion Of the Confederate movement
from first 10 last-that Mr.. LINCOLN, his
cabinet or his l-ieutenants in the field,
would recognize or treat with at all, as
might he abundanty shown.
At first the effort was made by the
Federal authorities to crush out the
Southern movement, as ara instruction
strictly within the purview OF the acts Of
Congress ofI7s5 and 1907, for the repres-
sion Of in-surrecuonary outbreaks. But
after the fall Of Fort Sumpter
in April, 1861, President LINCOLN
changed radically the condition of
affairs by his proclamation declar-
ing the ports Of the Southern States
IN a state Of blockade, Sin pursuance %
as be set forth, " ofthe laws Of the United
3D. H