Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-10-17

restored, he was only responsible 70 the
civil authorities. No military tribunal had
jurisdiction. Ia the RGcker case, the
motion 20 discharge the prisoner was
overruled, and he was held to answer the
indictment FOR treason in the civil courts.
He saw no reason to change his opinion
expressed in the above case. The Presi-
dent must see that the laws are executed.
The acts Of 1895 give him power to call
out the troops and militia to suppress in
surreetion. There il no necessity for q
formal declaration Of war in a rebellion,
and the President could not be expected
to await the action Of Congress. He
had the authority given him in the
Constitution and the acts Of 1875
to suppress ~insurrection, and he
would best know when that insur-
rection was entirely suppressed. 1t
is different in q foreign war
which is ended by a treaty Of peace.
With insurgents no treaty can be made.
They. have only to lay down their arms
and peace is restored When the war
ends; when the Civil Courts are open,
that moment they take the place Of Mil
itary Courts. 1t is perfectly ridiculous
to say that war yet exists, and that the
Civil Courts are superseded BY military
authority until Congress shall declare
otherwise. When wal ceases military
authority over citizens for ofenses also
ceases. Even if war existed at present
was the ofense g military one, or against
the State laws? There are two branches
to a paroIe-the first, mot to take up
arms against the United States " the sec
ond, the psrsled prisoner is permitted to
return to his home, and he will not be
DISTURBED by the United States SO long
as he obeys the laws of the State. The
first is the military obligation. The
civil authorities have 8 right TO punish
for violations Of the latter branch. The
latter branch Of thepsrols merely affords
protection to the prisoner from arrest
and imprisonment by the United States
so long as he obeys the parole. For
violations Of the military obligations in
time of peace the United States Courts
are open. Military Commissions are
repuguant to our ms Of justice, and
the theory Of our Government, where
the Civil Courts are open. The oflense
disclosed in the return wss a violation
Of the laws of the State, not Of the laws
Of the United States, and was not an
armed violation Of his parole. The pris-
oner will be discharged, as he is illegally
detained in custody by the URitsd States
authorities. Court adjourned to this
morning, at the usual hour, when a for
nal adjournment will be had to the first
week in January, 1868.
MUNICIPAL Adjourned on
yesterday to the 18th Of October, 1867.
CRIMINAL CoURT-Stands adjourned
to the 18th Of October, 1867. Jurors
summoned will attend IN that day, or
forfeitures will be taken against them.
RESOLUTIONS OF REsPECE.-At a
meeting Of the Board Of Health and
medical profession at the Gayoso house,
to-day, the following preamble and resO-
lutions were adopted
WHEREAS, It has pleased Almighty
God. in the insCrutRbl bic dispensatiOn OF
His Divine Providence, to remove from
our midst Col. J. B. Thsrntonl the father
Of our professional brother, DR.. G. B.
Thornton, and Miss F. NJ. Thornton, his
sister; therefore, be it
D1on1s.oF That va % hnrphu fpwHnFf 10
DR.. Thornton our sincere and heartfelt
coincidence in this hour OF desOlstion,
and pray that He who dOeth all things
we'll, will give him that support and
comfort which can come from no human
source.
Resolved, That we attend the funeral
of Miss Thornton at four O'Clock, from
the residence OF the late Col. ThOrntOR,
in testimony of our respect for the de-
ceased and his family.
COUNTY HosrITAL.-Th The quarterly
report Of the County Physician, for the
quarter, ending September 80, recently
submitted to the Board of County Com
nissioners, shows the total number Of
patients treated during the quarter to
have been 3l4, Of whom 80 were in the
hospital at the beginning Of the quarter,
and 275 admitted since. OF the whole
number, lS2 were discharged, so died, and
81 remain under treatment. The num-
Der Of white males was 1872; white
emales, Il; total whites, 146. Colo7ed
males, lO5 colored females, So; total
colored, l6S. The nstivites of the white
patients were set down as follows: Ten
nessee, IS; Alabama, s. Georgia, /;
North Carolina, I; Missouri, 2; Louisi-
ana, 5; Kentucky, 5; Virginia.; New
York, 5; Pennsylvania, 4; Indiana, /;
Massachusetts, 1; New Jersey, l; Hi
nois, 2; Ohio, 7; Rhode Island, l; Ger
many, 20; England, s.; Scotland, ?;
Ireland, so; Norway, 1 Russia, , Nova
Scotia, I; Italy, 81 total, 146, The dis
eases treated were as follows: Typhoid
fever, 80; intermittent fever, So; remit
tent fever, 6; bilious fever, Is; conges-
tive fever, 8; cholera morbUs, %; consti-
patton, 4; diarrhea, z; dysentery, Is
e~rysipelss, 4 dropsy, 5; hematitis, =
pleurisy, 2; pneumonia, 2; typhoid
pneumonia, l; consumption, s; serofula,
delirium tremens, 4; sun stroke, 3; epi-
lepsy, 8; rheumatism, Z; t~etanus, 2;
paralysis, 8 debility, 6; eye diseases, 8;
ulcers, s F; scsbies ITCH, 1; carries, L;
gangrene, 1; shot wounds, 4; other
wounds, 9; amputstions, 2; fractures, 2;
esxalgia, /; ptyalismus, 2; insanity,
?; syphilis, 25i puerperal fever, 1; pro-
lspsus uteri, 2. Total 314. OF the dead,
IS were white males and l white female;
% eoIored males and IS colored females F.;
total white, 10; total eolored, Al. There
were S between the ages Of ten and
twenty; 81 between twenty and thirty (;
6 between thirty aud forty 8 between
forty and fifty; 8 between fifty and
sixty; 8 between sixty and seventy, and
8 over seventy. The diseases resulting
in death were the following: Typhoid
fever, "A; congestive fever, 2; cholera
morbus, L; dysentery, (; consumption,
6; droPsy, 8 delirium tremeHs, 3; scrof-
uls, |; debility, (old sge,) 8; carries, l +;
gsngrene, l; sun stroke, i vulner
traum., 1; t~etanus, q syphilis univers,
l. Total, so.
Royster Trezevant & Co., will sell at
their sales room, at 10 O'Clock this morn
ing, 8 large lot Of Clothing, Dry Goods,
etc, ETC., damaged by sinking Of boat.
Sold for on account Of Board Of Under
writers. ocl6-lt
IN Ladies will be pleased to learn that
B. A. Hollenberg, proprietor Of the
Memphis Steam DyeiHg Establishment,
No. 2l2 Beal street, has opened q con-
venient Office at $50 Second street, where
All kinds Of goods, old, faded and soiled,
will be elegantly Dyed and Renovated.
GentIemen's wear cleaned and dyed in
superior style. ocz eodlm
Fgou rant your Crates set or repaired,
or Paving done, leave your orders at No.
q Madison. or at 10. r. Risks, on Main