Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1866-04-08

from 5eUTocraaf. The sovereignty OF the
Government did not reside IN the Presi-
4 dent as the military chief Of the nation,
and ne could not delegate 70 his suoordi-
nate officers in the field any right OF
sovereignty which did not properly per
tain to him in mis- military character I'M
der the Constitution and laws OF the
United States.
THE terms Of capitulation were sub
stantialIy that the insurgents should lay
down their arms, repair to their re-
specf;ve homes, and that they should
not be molested by the authorities OF the
United States so long Is they refrained
from again taking up arms against the
I Government. and obeyed the laws OF
I their respective States. This was the
I convention or agreement between tho
perties. Vow what was the purpose and
! object of such an agreement and the
terms OF the capitulation embraced
nv it? Was it not 10 bring
about a cessation Of hostilities be-
tween the parties 10 the contract, and
eventually 90 terminate the war? It
was perfectly legitimate for the officer in
command Of the forces Of the Govern
ment, by virtue of the military power
with which he was invested, 10 propose
and accept terms Of surrender, but he
could only propose or accept such terms
as anne within the scope Of his military
authority. He had no authority to ex-
ercise the soCcreiqR right Of p%ard0ning
the crime which was being perpetTated
by those IN rebellion against the Gov
eminent; and not having such authority
it can not be presumed that such
was the intention and understand
ing of the terms OF the agreement.
The President alone under the Con-
stitution has the power Of pardon, and
this power he does not possess as COM
mander-in-chief Of the army and navy |
Of the United States, butt in his character
Of civil magistrate. And as such COM
mander-in-chief he could not delegate
the power Of pardon 10 an officer under
him. But if the effect is 10 be given 20
the terms of the surrender which is con-
tended for on behalf of the defendant in
this prosecution, then the c~apitulatiOn
and surrender operated as a pardon and
general amnesty to all who had been en-
gagged in the rebellion, and were en-
5raced in the agreement to c~apitulate.
It could not have been intended by the
officers who made this agreement that 10
should have any such effect As is claimed
for il, for We cannot suppose that they
intended to do that which they had no
power or authority to do, and which
could only be done by the President ia
the exercise Of a sovereign right con-
ferred upon him by the Constitution in
his character Of civil magistrate.
We must regard this agreement, then,
a. it seems "a the court, in no other light
than as a military parole upon the terms
stipulated. and which the parties con-
uemplated should terminate with the war
if it terms remained unbroken, by the
parties accepting il. until that time.
That this is the true Interpretation Of the
contract, and that IL was SO understood
by the parties accepting the terms Of the
sapitulatiOn, would seem 10 be manifest
from what is daily occurring j n relation
TO t.. How many Of those who laid
their aims under the terms of sur
are daily applying to the Prest-
lent for special psrdOns, and taking the
amnesty oath, when not within the ex-
,eptions provided in the proclamation Of
he 2Jth Of May, 1865? These applica-
have been made by hundreds,
to say thousands Of the very men
who came within the terms of the agree
under consideration. These appIi-
ants must have understood that the c0n-
Of their surrender had no other
Jr greater effect than we have herein
TO them. For, ifthey had thought
differently, they could scarcely have s
ieemed it essential, and have been so {
10 obtain the additional
Of the President. With
his understanding Of the terms
f surrender, If the defeni liant had been
under the process Of this court,
Turing the existence of the war, this
curt would certainly not have permitted
i'm TO be imprisoned, and would have
cen that all the conditions Of sur
- -. ..--s,I -4r~ ~ ~hrsa H--rE
Dirit. But the war is now happily
L an end; we have returned % a state
Il peace, and the power and authority
f the civil courts are restored, and this
defendant, like all other citizens, mus
e held accountable for any Ofease which
IL may have committed against the
avs of the United States. The arbitrary
over of the military has, by a timely
reclamation OF the President, been re-
aoved, and the civil rights and remedies r
f the people, through the regular and or
mary tribunals OF justice, appointed by
be Constitution and laws, are restored.
With the views herein presented, this Il
curt cannot entertain the motion Of the q
efendant to be discharged from arrest, p
ut must override the same, ami the de- lie
viii be admitted to bail for his Al
ppearance TO answer at the next term p
{ this court. %
Criminal C0Urt.-A number Of INSIDE d
1eanor eases were disposed Of in this T.
yesterday. The misdemeanor =
ocket VIII be continued throughout the re
week. "
Common ErIU C5Urt.-Ye stsrday was q
day. The following is the calen- =
ar for the ensuing week.