Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-10-19

SHAKESPEARE, In the hrst part OF
King HESRYIV, puts these words 10 the
mouth Of Prince HARRY, after his vic
tory over PERCY aud DOUGLAS;
" GO 20 the Douglas, and deliver him
I'm ID, Ms pleasure. rausomlesz and free
Hfg vaTpur shown upon our crests to-day
Ha-h taught Us how 70 cherish such high
Even IN the bosom OF our adveIsaues-"
A valued exchange remarks, that the
promises which the public authorities Of
the United States 20 constantly held forth
before the surrender Of General LEE,
became. ethiealIy, if not actually, part
Of the terms upon which the Confede-
rates laid down their arms to resume al
leEfance 70 the United States.'
We shall not look in vain for prece-
dents and authorities to show how firmly
the United States were bound by the acts
and pledges OF its officials, military and
civil. on the faith OF which a hundred
thousand Confederate soldiers, proven
unconguerable in the field, laid down
their arms and how the Government
-dishououred the country, when it repu-
dated the Convention made between
Generals SHERMAN and JOHNSTON, after
It had received the consideration and
rezped the fruit Of it in the surrender Of
the armies Of the latter, and when
II was too late for them to resume their
arms.
The law Of all the civilized world
and even that o. barbarous nations, of
al nations, ancient and modern, agrees
IS 10 this. lis truly the law which is
the same at Rome and Athens; and 1t
binds al honorable men and honorable
nations everywhere.
The Court Of Cessation, in France, Is,
like the Supreme Court Of the United
Ststes. the Court Of last resort. LOUIS
PHILIPPE assembled the throne, and be-
came the king Of the French" in 1880
and the rights OF Frenehmsn and the
inviolabilIty Of the laws Of France, under
him, we're guaranteed, not by = Consti-
Triton, but by 3 Charter. Frenchmen
are men Of honour and hence this hap
pened In France, under the King Of the
French:
On the 5th Of July, 1898, the Court Of
Cessation, in France, Criminal Chamber,
rendered the following judgment in the
csse OF P7pin v. The Public Prosecutor
Journal ia P1Iais, l Of 1884, %.
THE COURT.
Upon the conclusions Of NJ. FTetsauY
Advocated enersl;-In view Of article
4OS. Of the Code Of Criminal Instruction
In view Of the ordinance Of Sd June,
1882. which placed in state Of siege the
Departments Of Loire Inferieure, Of La
Vendee, Of Msine-et-L Loire, and Dss
Deux-Sevres;-In view Of the iustruc-
tons given by the Secretary Of State,
Minister Of War, in execution OF this
ordinance, and published in the HoaitsUr
on the 5th Of the same month, the which
direct that al prosecutions 70 be iasti.
hted against persons charged Nth po-
Iidcal dslicts or crimes shat take place
Jy order Of the military authority, or
tiDOn reQtisiFOu addressed By Il TO the
administrative or judicial authorities.
In view Of the proclamation issued on
the 9TH Of the sme month, by the
Gen. Solignsc, commanding the
18th Military Division, and addressed
Z, the inhabitants Of the four depart
ments named above, in which are
these words: "Those persons who have
'bsen only sedOced or led sstray are
" assured Of pardon 81 nay hands, [de
d" tr0uuer grace deUant MOL If they atone
&" by prompt submission and by laying
4" down their arms, for the injury they
90 have done the country. Let the
4" farmers and artisans hasten to initiate
80 the example Of the many cOmmunes,
" which, 10 submitting, have been
enabled 70 appreciate the spirit Of
"clemeBcy which sctustes me in my i'm
"portsnt mission let them return to
" their homes, depositing their arms
q" with their respective Mayors; let them
resume their LAHORE they VIII ind, in
g repentance for their faults and 8 gen
ferrous oblivion, the elements Of that
"a prosperity which peace, concord, ODE
Il" dience to the laws and submission To
"the Government assure :n-In view
"of the ssfe-c0uduct, given on the
10th Of July following, by Gen. Ordener.
commanding the department Of Maine
et-Loire, under the orders Of Lieut.. Gen.
Solignac, and by which the former Gen
eral permitted the said "Rapin De La
Tai6audjere, UhO has SIbmitted, laid
d0tgn his arms and promised to conduct
himself bgyalg for the future, to return
to his home, and remain there under The
supervision ofhjs Mayor and the Military
Police" Inssmuch rs this safe conduct
was given IN execution only of the G6OUe-
mentioned proclamation, the 5Chich con-
stitutcs aue7ita6Js aBlnesty,grsntedln the
exercise Of the extraordinary powers with
which Lieut.. Gen. Soliguac was in
vested That, therefore, Papin could no
longer be legally compelled to appear
before the tribunals on account OF
the acts to which the safs-conduct
given him applied; whence 1t fol.
lows that the prosecution Of which he
was the object, the verdict Of the jury,
aud the Judgment Of conviction, consti-
tute 50 excess OF powers, and 3 violation
OF the rules Of competency: For these
oUAsHEs all the proceedings, ,
the act d accusation, the finding Of the
Iury, and the Judgment Of conviction ia
accordance with it and inAsmuch IS ali
,igbt Of criminal prosecution in relation
d the aforementioned acts wa extin-
uishea by the submission Of Papin, aad /
- Nm prosseuted fnr anvihinal !