Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1866-12-14
FRIDAY. DEcEmBER "a. Isoe.
STATUTE AGAINST GUERRILLAS.
Judicial Construction by the supreihe
Court, at Knoxville, September


the Circuit Court Of Blount county, at is
June term, 1866. The indictment charges
that 'Allen Vaughn, late Of said county,
on the 18th Of March, in the year Of our
Lord one thousand eight hundred and six
ty-six, in the county aforesaid, feloniously,
knowingly, wilfuliy and voluntarily did
feed certain armed providers, robbers and
guerrillas, to-wit: Heart Duncan ard others
whose names are 10 the grand jurors afore-
said unknown, contrary 10 the form Of The
statute IN such cases made and provided
and against the peaca and dignity Of the
State"
The defendant demurred to the indict-
ment, and among other grounds Of demurrer
assigned the following The indictment
does not allege that the feeding Of the
persons charged TO have been guerrillas,
robbers and prowlers, was for the purpose
Of aiding and assisting them in their I'M
lawful and Illegal objects"
The demurrer was disallowed. The de-
PENDANT plead not guilty" and at the
September term, 1896, ofsaid Court, a trial
was had which resulted III the conviction
Of The defendant and he was sentenced TO
imprisonment in the penitentiary Of the
State for the period Of seven years. A
motion for a new trial was made and over
ruled, and an appeal prosecuted TO this
court
The auestion for our determination now
is-does the indictment, with sufficient
certainty, charge the defendant with a vio-
lation Of the criminal laws Of the State
The Attorney General insists, upon the
part Of the State, that under the provisions
Of the 4th section Of the act Of May the
18th, 1865, entitled can act to punish all
armed prOwlers, guerrillas, brigands and
highway robbers, and for other purposes"
il any person shall knowingly, willingly
and voluntarily feed any sucb person or
persons, as described in the l-eyious sec
ton Of said act, he is guilty Of an o1ense
against the criminal laws Of the State, and
upon conviction is subject TO the penalty
imposed by that section.
The indictment is Predicated upon that
section. Its provisions are rs follows
That all persons who shall knowingly,
willingly and voluntarily feed any suCa
person or persons, as described in the pre-
vious sections Of this act, or furnish them
information for the purpose Of aiding and
assisting them in their unlawful and illegal
objects. shall be deemed guilty Of felony,
soned in the penitentiary for a period of
not less than five years nor more than
twenty-one years"
by reference 10 the previous sections Of
the act, il will be seen the persons referred
10 in the 4ih section are guerrillas, high
way robbers, brigands, scouts, soldiers and
armed prowlers, TO feed or furnish whom
with information knowingly, willingly and
voluntarily, for the purpose of aiding and
assisting them in their unlawful and illegal
objects, is by said 4th section declared to be
a felony. The LIST section Of the act in ex-
press terms declares what shall be necessary
within the meaning Of the act TO constitute
a guerrilla, highway robber and brigand.
It's provisions are rs follows "fhat every
man or squad OF men, that may hereafter
make inroads for plumber upon peaceable
inhabitants Of this State and by force de-
priye them Of their property, or endeavor
so TO deprive them by The alarm caused by
their being armed, when, in fact, he or they
were not al the time part Of any organized !
army and sharing continuously in its duties |
but who sometimes returned to their homes, |
with the assumption Of the semblances Of |
peaceful pursuits divesting him or them
selves of the appearance or character of |
soldiers, are hereby declared guerrillas, |
highway robbers and brigands."
Other persons who may not fall in with |
the description Of guerrillss, highway rob |
hers and brigands, as given in section one |
of said act, are mentioned in the second |
section, the provisions of which are as fol- |
lows: "That scouts or single soldiers If |
disguised in the dress Of the country or |
clothed in the uniform Of either army, who |
shall wiliully, maliciously and forcibly |
take from the possession or person Of the |
peaceful citizens Of the State their property |
by threats Of violence, or the actual use of |
force and violence, and under the terror Of |
arms, shall upon conviction suffer death |
by hanging
And still by the third section Of said act,
another class Of persons is mentioned, not
described or mentioned in either Of the
preceding actions It's provisions are as
follows: "Tbat all armed providers, by
whatever name they may be called, who
shall wilfully, maliciousy and forcibly
make an a tack epon any one OF the peace
able citizens Of this State, for the purpose
Of robbing him or her, or Of stealing his or
her property, or Of killing him or her,
shall on conviction suffer death by hang
ing"
Now il will be observed that this act in
terms, by the provisions Of the first section,
declares who are guerrillas, highway rob
bers and brigands, and such only as are
shown TO fall within the description given
in the act itself can be taken and held to
be guerrillas highway robbers or brigauds,
within the sense and meaning Of the act
But the act does not undertake 10 de-
clare who are or shall be held to be, within
the meaning Of the act, scouts soldiers or
armed prowlers tho several classes of per
sons mentioned in the second and third |
sections. II merely declares tina; the per
sons mentioned in these sections shall, upon /
conviction Of certain specified acts mem
toned therein, suffer death by hanging.
The act under consideration was passed
during the existence in this country of a
terrible civil war, when large hostile ar
mics we're in the field. at a time when The |
was filled with struggling soldiers,
marauders, and armed men, who were going
about singly and in squads, plundering the
robbing and Numbering the peace
able and defenseless citizens of the State
And the language Of the act must be CON
strued with reference 90 the surrounding
time Of It's enactment, and the remedy in
tended 10 be provided. Aided by these
rl,ies we conslrue the word scouts" as
used in the second section of said act tu
mean persons who in times &C war, are
sent out to gain information and bring in
tidings Of the movements and condition of
the enemy. The word soldier" a. used
in the same section, means one who belongs |
TO a regularly organized body Of combat.
ants, and as such is engaged in che military
service either as an officer or private.
That the words EARNED prowlers." as
used In the third section u said act, means
armed persons Though called by some other
name) who are wandering or rowing about
over the country for the purpose Of plum
dering and robbing the people or for the
purpose Of plumber
A man falling within the description OF
A guerrilla, highway robber and brigand.
given in the act, shall, according 70 the
provisions Of the first section, upon convic-
ton suffer death by hanging; but a man |
NAV be a scout or a soldier, disguised in
the dress Of the country or clothed in the
uniform Of either army or NAV even be
an "armcd prowler," without in any way
violating the provisions Of this act or cub
iecting himself 10 the punishment therein
provided.
The office, duties and objects Of a scout
or soldier may be, nav often are, moi only /
lawful, bat eminently honorable patriotic. |
praiseworthy and even necessary, however /
perilous; yeithcseare the persons mentioned |
and described in one of the previous sec
tions Of this act. Now can il for one mo- |
ment be believed that the Legislature in
tended by the fourth section Of the act to |