Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1866-12-23

INTERFERENCE WITH
THE CIVIL AUTHORITY AT An
END.
DR. James J. Watson, Of Rockbridge |
county, Virginia, was tried before the |
proper judicial tribunal Of that county |
on a charge Of numbering a freedman,
but was acquitted He was subsequent
" arrested by order Of Gen. sche6eld, on
the same charge, taken 10 Richmond
aud an order was issued for his trial BY
a military commissions "A writ ofhabeas
corpus was issued by Judge Mersdiih,
ofthe Circuit Court at Richmond on the
both inst, commanding Gen. Schofeld to
produce DR. Watson, the application Cor
the writ having in view the discharge
from illegal custody, but Gen. schofed
declined to produce the prisoner, assign
ing reasons, in effect that the act Of
Congress, July 6, 1865, requires the Com
missioner Of the FFeedmen's Rurssp to
exercise military jurisdiction over all ca.
ses involving rights to the equal benefit
Of laws affecting the personal security Of
all citizens without respect to color This
act having been officially published by
the Presto ent through the War Departs
ment, Gen Sehofeld says it his duty as
an officer Of the United States, and as As
sistant Commissioner Of the Freedmens
Bureau,to decline,to comply with the writ.
This position was taken by Gen SehOReId
after the Supreme Court Of the United
States had decided in the Indiana con.
spiracy cases that there was no authority
to try civilians by military commissions.
TIE case has been brought to the notice
Of the PRESIDENT and our Geographic
dispatches state that he has ordered the
release OF DR. Watson aud that no civil
Ian be hereafter tried by military COM
mission, in accordance with the decision
Of the Supreme Court
This case shows with what pertinacity
the military hold on to power in the
Southern States There has been a con-
tinsial indifference with the civilauthority
ID these States since the reorganization
OF that authority, resulting in the sus
pension Of the courts in number Of
places, until the President could inter-
pose to protect the civil authority in the
discharge Of its legitimate functions
And no arm Of the military service has
given more trouble in this respect than
that connected with the Freedmen
Bureau. II is to be hoped that the
decision of the supreme Court will
settle this matter for the future The
civil authorities in the Southern States
have shown commendable zeal in exc
cutting the law and administering Justice
to those adjudged guilty of its infraction.
In the case Of DR. Watson, the court had
investigated the matter and jury had
declared him not guilty Of the charge Of
murder. If they erred or the court in its
instructions to them erred, why did not
those who sought and procured General
Schoields interference, have an appeal
taken to a higher court, that the case
might be passed upon by such tribu
nal !? But it suits a class Of people
in the South to have the military interfere
with civil authority on every possible
occasion, that the reputation ofthe South
ern people for order and obedience to the
laws may be damaged, and herein we
have an explanation Of the interference
of General Schofeld in the case of Dr.
Watson. Happily, under the decision of
the supreme Court and the order Of the
President this is at an end.