Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-10-09


ciprocsl and the provisions must be lived
up 20 by each party. He c%0ntended that
an armed violation Of a parole renders
the v~iolatoT subject to trial by court
martial and not by the civil courts. He
referred 20 the condition OF Tennessee
and the military power IN the state.
The arrest ofMillikin was made by Gen.
Thomas under Instructions from Gen.
Grant. He could Of course be tried by
the civil authorities for crimes against
the public peace, but for violating a pa
role military power must be invoked,
A paroled prisoner could exercise all the
functions OF a citizen, yet be liable TO
arrest and punishment by military au-
thorlty. The provisions Of a parole
are binding for life unless released
by act Of congress. The president
had no power to release him by prOcla-
nation or Otherwise without the authority
Of congress. Jsdge Trigg asked Were
the military governments organized In
ten OF the states for the purpose Of putting
down insurreetion, or for reorganizing
state governments? Judge Lewis re-
piled That in his opinion IL was q con-
tinuatioR of necessary force Of military
operations. War, in a legalsense, might
exist after actual peace. 1t IS merely 8
continuation of the old war In a different
form; rebellion merely slumbers, but is
not extinct. Judge Trigg stated that by
the term wal WAS conveyed the idea OF
two conflicting powers be had no
knowledge OF any power ia opposition 10
the government in the military DISTRICTS
and gave il as his OpiaiOn that war did
not there exist, in any form, unlessi 10 was
a Oue-sided war. Judge Lewis seemed to
think that it did congress was the judge
Of its existence, and had the right to
declare when 10 ceased to exist IL had
not done 30 up TO this time. Judge Trigg
stated that il was the duty Of the
president to enforce the laws and to
overcome all resistance 10 the same.
When the resistance ceases, has be not a
right 40 to declare by proclamation 2
Judge Lewis spoke about an hour, and
made quite an able argument. We do
not pretend to present q full report OF the
positions taken or to present the m
Gus authorities cited. Attorney General
Wallace, for the petitioner, presented the
following propositions, that, to him,
seemed TO cover the cases in question :
lst-ThRt the late war was q civil one,
between the discretionary states and
the general government. 2d-That
all participants in that insurrectiOu,
Wutu ALtN uEAtLNAEAt NFlb HlitEtA. W
the same rules Of war as If the same had
been waged by a foreign power. 3d-WAr,
de factO azd De jure, having ceased
the obligations Of parole cease. 4th-
The presidents proclamation Of peace
and amnesty was the final termination
OF hOstilities. Observation-Disclosures were
presented in support OF the above prcp0-
sitions. We read in WheatOn's ilterna-
tiOnal Law, that when war terminates
In the triumph Of One Of the parties, this
termination should be guaranteed by a
proclamation of amnesty. The late civil
war began by q proclamation Of the
president, declaring the existence OF the
same. The statutes Of the United States
provide that the president shall Issue a
proclamation of peace in his discretion,
as well as TO declare a country, or 3 part
OF the same. in a state of instruction.
The acts Of July, 1851, provide that the
president shall cause the laws to be exc
cuted, shall call forth the militia to sup
press instruction, and where the state
authorities are unable to put down the
same, he has power to declare q state or
a portion thereof in i~nsurrectiOn.
The acts Of 1862 give the president power
to extend to prisoners pardon and am
nesty, and he has, as a necessary cOnse-
4AgAEGH AAa R0& Ca ~ ANAA1Ag OE HANG4A- }
nation when the opposition to the laws
ceases, when such iusurrection is at an
end and when the necessity of employ
ing force ceases. It would be well for all
persons to recognize the fact that the
war is at an end. There Is a party in
the land that seeks to ignore this fact
and Why2 Its occupation Is gOne.n
Notorious %piuBderers regret that the war
is at an end. All good citizens rejoice at
it, and zone more thar the late rebels.
The only resistance TO civil authority il
Tennessee INT from the military su-
thorities. He remembered, that last
year, in this city, an officer high in au-
thority, surrounded himself with soldiers
and dehed the civil process, and he left
on q boat guarded by United States SOL
oilers, carrying with him The fruits OF his
plumber. He cited the case Of Gen.
Sickies as q violation Of law, I
IN refusing to obey the mandate Of the
Judge Of the federal court. Military
power has not had existence in term since
1866, except by authority of the presi-
dent TO assist the civil power in keeping
the peace. Troops were sent here at the
request of the citizens OF the state during
elections, etc. The only war being car
ried on against the United States, 20 far
he knew, was by the Indian tribes.
But young Milliken was TO be made
to take the place Of Jefferson
and inaugurate q revolution by
himself. II his client be guilty Of any
against the laws, either state or
federal, the courts are open, its officers
loyal, the judges able and learned, and
there is no necessity foT bloody military
tribunals 10 the state Of Tennessee. Gen.
Wallace spoke in his usual forcible man
ner, and made quite an effective speech
facts Of the case without wander
ing off into constitutional questions not
in issue. Judge Trigg took the papers
adj court adjourned until the usual hour
this morning. a decision will. not be
given probably FOR a few Gays.
TRANSFER OF REAL EsTATE.-P. q.
Meath to H. E. Green, quit claim, 500,
lot 80. g Robinson ven IS by US
feet; b. E.. Green TO p. NJ. Miller, deed,
1885, lot No. 50 HIPS subdivision on
avenue, s. by 175 feet; P. Do
to c. Murray, deed. $500, the south
u 92-I00 acres of estate of S. Rembert on
Ross avenue, 81 by I46 feet; q. f. Jun
TO Sarah A. Junkerman,
deed, SO, lot No. 80 in S.
Gates subdivision of land in
North Memphis on Gates street, 50
feet by l24 feet; VIM. Trusdel TO r.
McClsrin, ct. al, deed in trust to secure
1880, is acres Of land on Beaver Dam
AXE ia Shelby and Fsyette counties B.
Holienbery TO w. S Eastman, mort
gage leasehold interest ia back part OF
No. DID on Beal street, fronting 50
'eet ThOs. Allen to Richard Guthrie,
1T. al, lease Of 10 years at SO SO per an
lum, eastern half Of lot No. l in De
Losch subdivision, on Vance and Lau-
ierdale streets, l54 7-l2 by "a SIP feet.