Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1867-12-25
SUPREME COURT OPINION.
KsoxvLLr, TENNESSEE. srrrrABrn TrHn, 1867.
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hHvAflLlbg 1EAALsbEb5 CIT i~--~'@-- --f -'''
rHon.s H. colDw ELL, ArronsEr erSEHAI AND
= 4 yosret ais, rs G. W. STOUT
rii an action brought ID the Circuit Court Of Rosus
comfy by G. w stout against q A. Yost ct al to recover
the ss,as q is case was tried before i Of nm ny them
tT Jay term Of the Circuit court 1866 the facts ne
CESAR @ Be stated TO understand principles involved
IN toe fsl Of 1858 c. W Stout was employed by G.
sls citizen Of Roane county with his wagon mules
. haul corn for him his farm south side Of Ten
ss.sst Tvs At the time the the between the
eaera snd Confederate forces The wagon mules were
orh about $4,000 During the day on which he was thus
employed information was given that the Confederate forces
we're sPproachng Stout attempted escape with bis wag
on ana team Put was pursued by fost and other cohfederas
soldiers BY orders Of the commander force aud
tured BY them he held prisoner and his wagon and
mules taken and converted That portion OF his Honors
follows
If the jury believe, proof that Stout was cit
erty bis usual and legitimate business and that Yost and
me oiner psinns IN erTor seized and appropriated said
property, or aided abetted ia such
sbe Judgement was rendered for Stout for the value
2. ne zna wagon: new trial was moved for, which
error to this court. ff''' ~
The only question presented for cur consideration i
service having arrested Stout and taken his property by
ton The seizure attempted to be iustfea on
the ground that the plaintiffs Confederate soil
within the territory claimed be within the rebel lines
and as such their acts in with laws Of
Val ms question Of much difficulty and grave
importance and upon which direct authority DO
dlteE sne commencement
FORCES o. the reyoted states and the Federal Gov
rnment the political power Of that government awarded to
prisoners made eatels passed flags Of truce This Was
done from motives Of humanity and public policy prevent
though the right accorded to thos in arms tho legs
tive and executive Of the government by from
cognize the existence Of the Confederate was
sOrs with the military power they held Il was
Of tho political power Of the government liable chang
ed abandoned at discretion the according those in
belliEerent
arrest or take the property Of private citizens the
honor which should vars YatteI SAYS
book Sd chap h section 294 25 ought be observed
parties IN every civil war; Under modern and christian
civilization you needlessly on
busbandmen OF mechanics and children book 9rd
chaPser eh, section 49, The rights Of against
enemies, open and armed enemies while during war
but no longer The force used not to exceed the exgsncy
not wanienJ 70 nJure private property nor disturb pr
Srd, chapter sth section lis.
and TO seize and appropriate their property in civil fudes
ture domestic dissensons series of buchery rspine
conhscation and plumber, unparalleled in history, sand
engaged unlawful combination overthrow
and destroy the their acts were Therefore He
The rights Of begeents as recognized by international
law between independent sovereign powers not ap
ply 20 the under consideration. Stout private
His seizure Of property unlawful
citizen Of the state, and of the United States and
though the laws Of the legitimate government were for the
time suspended the occupation OF the country by those
revolt the the Federal Government
gal sanction to their acts They were not recognized as bel
gerents de pe but practically bellgerents de o the
Js would have been an acknowledgement on the part OF the
government Of the United States OF the reYed states
wS %oSS snS 70 Se veil settled ppo
pies Of international law Transferred the temporary aeg
citizens living within the territory thus occupied
held armed occupation of 4h Wheaton 2i6
treating them beigerents de o the government
the 10 impose such and conditions up
those In the suppression Of the rebellion the
future peace and security the country might demand
This inconsistent with the principles settled by
the Supreme Court Of the United States in the known
Upon examination the principles Of those cases it,
will be found they determi ned upon rules law sppca
Of those that Of the objects Of civil Of
that the rules Of placed that category
neTca property found at belonging any who
Ico Jurisdiction of the enemy that the term enemys
territory applied to such place. technical term look
right is enemys territory, because it is claimed and
held in possession by organized hostile acknowledgement
milton OF begrent rights in the rebels recognition Of
court held, whether the owner of the property was
citizen or alien, whether loyal or, disloya and what
the of the territory regards
serted constitution and laws of The rebels The prize
control Of power capable carrying hostilties
against the United States and compelling the government
meet them by the of beligerent rights Dana
Wheaton 297, I53. These and sup
port the principles assumed for the plaintiffs in We
cannot assent to tbs proposition that peaceful citizen en-
gagged in act Of hostility to either party, but in the dis
imprisonment and seizure of his property the ill
Of who have organized nsurrectionary force to
cording rights privileges that do
belong the officers of the lawful government An officer
Inevitable necessity and order from his superior officer
unless suchnecesty exists protection to him Mitch
The says there are without doubt occasions in which
stroyod to prevent It from falling IN the hands Of the
public enemy, and also when military officer, charged
the public service or take ii for public use unquestCnaby
In such the government bound to make full oompen-
the owner and the officer is not trespaser but
clearly Of opinion that in all these the danger
the public service and su Oh as will nOadm ofdesy and
when the action OF the civil authority would be too late
In providing the which the occasion called for
IL is impossible to define the dangers or necessities ~
this power may be lawfully exercised must
depend its circumstances is the emergency that
gives the:gh and the emergency must be shown to exist
before the taking be Justified"
individual in insure the OF any enter
prize against the public enemy which he may deem II ada
felt his rights The rights of the citizen are carefully guar
by Constitution and laws, and invasion Of those
rights without authority Of law, espass for which the
party trespassing is liable in damages
The being thus rigid to private rights in essez be-
tween the lawful government its officers and Citizens
cannot recognize the principle that 9g5T IN n S
Of the commander Of the Confederate forces to
uniawfz and Qualification them. referred
TO- the court say, upon principle Independent Of the
military officer justify himself for doing unlawful
act, by producing the order Of his superior.
When the officer has not transcribed his authority, and
private rights have been invaded the
and makes full compensation. On the termination of
independent powers treaty of peace follows ard
each power to and indemnify its citizens
for ortuous acts Ct it's own officers and soldiers HsEeok
International law, S5l.
Upon the suppression Of the rebeon treaty Of peace
made, vas there any with whom such could
been made hence indemnity be had and the
wrong committed upon citizens remain unredresed,
the tresspassers themselves liable It fooFs
therefore, that the act Of the plaintiffs in In Selling Che
property Of Stout unlawu the orders OF their superior
defence, they all who were
present. assisting aiding abetting and must be held la
bic the consequences Of their illegal acts End Cad. Da
wilson, vs. Manlove. Wright, Cantrel Overall 2nd
Cald 537 Wood Stone, ID. 359 There in the
charge Of the court and the Judgment will be affirmed
SHAKLEFoRD, Judge.