Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1866-04-07

for the same perlou-uiy ], loo5' 10
March 81, 1S66-au aggregate Of $685.
e48-making q grand total OF custom
revenues in gold, for the Pastninemonths'
Of sl34 %. g2l, and for the fiscal year
ending 8lth June, 1866, at least "A hun
dred and s-eventy-niue millions Of specie,
valued at over two hundred and twenty
eight millions Of dollars in currency.
For the same period it appears the in
come derived from direct and indirect
taxation in the form Of internal revenue,
amounted 70 about Two hundred and
fortv-four millions in currency, At which
rate the income for the twelve months
ending 81th Of June, 1855, wiz reach be
v1nd three hundred Gna twenty-five
millions Of dollars, which, added 10 the
customs at their estimated currency
value. gives q Federal revenue Of about
five hundred and ff5y-four millions Of
dollars exclusive of all other souTces-be-
ing quite two hundred millions Of dollars
more than adequate for the discharge Of
all obligations Of the Treasury coming
due within the fiscal year.
TRIAL OF CIVILIANS BT MILITARY
COMMISSIONS DECIDED BY 81
PREME COURT TO BE unlawful.
We have to chronicle, to-day, q most
important decision OF the Supreme Court
of the United States significant sign
Of the times and Of the return Of mems
minds 10 the old views Of our institutions.
The cases came up from Indiana the
action Of the Court we find reported a.
follows.
In the United States Supreme Court,
today. the Indiana conspiracy cases
came ID for decision. The Chief Justice
said in case No. $50, CT p1rts in the mat
ter Of L. P. Nulligan, petitioner: The
following order il directed by a majority
~ ~ Co1rt TO be entered iu this case,
a1d the like order viii be entered in No.
sg5 ~ p1rts in the matter Of William A.
R1wIes. and Ia No 80 G pIrte IN the
matter Of stephen Horsey.
Tbia cause zane on 10 be heard on the
4-arsr-fu- Of the record from the Circuit
C---r sr- the United States for the dis
r-irt Of Indiana, and on the points and
questions on which the said judges Of
The Circuit Court were opposed IN opn-
i'm. and which were cerrte1totl this Court
fg- its opinion. s--=eably u the act Of
Congress in SIC cases made n pro
-f5e4. and was argued by counsel, on
consideration whereof the Court L Of
opinion:
20. That on the facts stated in said pc
fi-ion and exhibits the wit q aGoe1S
r7-g7gs ought 70 be issued according 20 the
PRAYER Of said petition
. That on the facts stated IN said
re-7rior and exhibits the said T. 7. Mill
rsu ought 70 be discharged from custody
a. IN said petition j. prayed, and accord
ing TO the act Of Congress passed March
g. 1858. entitled an act relating 70 hu6eds
c7-5fs. and regulating Judiciary proceed
ing in certain cases
81 That on the facts stated in said
usti-iou and exhibits the military com
mission mentioned therein had no lurIs-
dic-irn. LEGALLY. 70 try and sentence said
Tamhfcn p. NLIiEan in the manner and
foru a. in said petition and exhibits are
stated and il j. thereupOu now here or
derzd and adjuiged by this Court, and
that II h certified TO said Circuit Court
lam Instructed 10 say that the opinion
Of the Court in these eases viii be read
A. me next term. when such Of the dis
sentfng Judges a. see NJ 10 do so VII
state the grounds Of their dissent Inc
reason why the opinion OF the o II
not delivered nov j that the cases were
reached 50 late in the term that the
Court had not time 70 prepare an opIn-
ion"
room. and the delivery Of the opinion
Wa received with the deepest interest.
In tins connection we commend to the
attention Of our readers, including Off
Gers OF the army, a case which VIII be
found reported in Vol XIII, HowARD's
Peport Of Supreme Court decisions, page
us. DAVID D. MITCHELL plaintiff, in
e--nr rs. NAvrELE Y. HARMONY, in which
II is declared distinctly that the Civil
Courts on the land have the power 70 in
vestigate the legality Of the acts Of mill
ta-v o47cers-and that " it can b.
"mniutaiued that q military officer can
% justify himself for doing an a1laUJ@
act By producing the order Of his sgPe-
"riOr."
We take occasion also to add: that it
has been decided in the British Courts
f-ee NcARTHUR's work on Court-mar-
rial. pare 22q. volume 4, that members
Of military tribunals are liable 10 punish
meut bv Civil Courts for any wanton
abuse Of power or illegal proceedings In
many instances, indeed, the Civil Courts
Of England have brought under review
the Judgment and acts Of military tubu-
mails. One in-tancecan werememGer, that
ofIieut Fry, ofthe British Navy, whom
stituted a civil suit against Sir CHALoNER
OsLE, President Of the Court-marta-
that had by its sentence, caused 70 be
inflicted on him what esst upas-andthe
civil Court decided TO bean unlawful
punishment. Herecovered one thousand
mounds damages. The judge at the same
time informed him, he could bring an
action against each member Of LIE
yybere-oeyer he might meet them. Sub
seoueutlv. al his suit, Admiral MAYNE
and Capt. RErON, who bad been mem
hers Of the Court in question, were ar
rested lust o adjournment Of another
c,urt martial Of which they were then
members. To this arrest the court mar
4i,, took exception as q breach Of priyi-
Ieys. and complained 10 the Admiralty
Who esp5used their complaint too
az the King. The Lord Chief Justice
Davertbelesr. directed the arrest Of The
oslcers complaining, and was about 70
sit ia Judgment upon them for thal aeS
ss N infringement Of the supremacy OF
the civil over military Law when every
member Of the Court asked paraQn OF
The Judge. lu writing, for what they had
o az "aliu=t and unwarrantaoie.
Granting their prayer, Lord Chief Jus
ri.s WIZ directed a public record 20 be
made Of the occurrence, asa memorial
10 the present and future ages, thar rho
soe,,sr sz Neuse'res up az opposition 70
tle lar. or ttiak themselves abors the
hr,r. IN the end UiH find themselves mis-
taE9r."
ASS s.gnaI Illustration Of the aocoun-
ABILITY Of military men for their acts,
we NAV cts the case of the Governor Of
Gg-ee. a British dependency In Africa,
who had approved the sentence Of a
Court-martisl in the infiction Of which
o prisoner Qleu- DH |D i
fInctionary TO England, twenty years
afterwards, he was arraigned before a
civil court, tried, convicted aud exc
cuted for murder-the court deciding
that the military trial had been unlaw-
ful and the punishment approved and
executed under his orders, unduly harsh
OF course, If members Of military courts
can be held responsible for unlawful
judgments. so may they for exercising
unlawful jurisdiction, and a number Of
interesting cases will doubtless follow
soon in the train OF this decision Of the
Supreme Court, the points Of which We
have just given.
aTSDFR WHICH King, BE10NfANF"
The country is undergoing one OF those
transition periods in which old parties
are dissolved, and their Debris are
mo,,lded into new combinations. just
~ she central, cohesive forces are d.
~;dad heiw een a President whose every
"a continent and feeling is in con
f,rnitv with the CONSTITUTION and the