Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-09-08
4 SECOND DANIEL COME To JUDO
MENT.
DEAN SWIFT says


o DANIEL CONE TO JUDO.
DEAN SWIFT says:
al have read somewhere Of an East
ern King, who put 8 Judge to death for
an ~iuiquiuous sentence, and ordered bis
hide u be stuffed into a cushion, and
placed upon the tribunal for the son e
sit on, who was preferred 20 the fsther's
office. / fancy such q memorial might
not have been unuseful 70 q son OF I'll
William SerOggs and that both he and
his SUCCESSORS would often wriggle in
their seats, as long as the cushion
lasted
Going the oxford Circuit with Lord
Chief Justice ATKYNs, Chief Justice
ScRoGGs told the Grand Jury that E pc.
tition from the Lord Mayor and citizens
ofLondon 70 the King, for calling q Par
lament, was high treason.
We have not quite reached that point
in the law yet, in Tennessee; but the
prospect Of doing so speedily is very fiat
tering. For we find the following in the
Radical organ at Nashville;
JUDGE BRIEN's CHARGE To THE GRAND
JURY.
Judge NJ. NJ. Brien yesterday, in
charging the grand jury, dwelt st length
on the positive duty imposed by their
oaths. and by the law Of the land upon
grand jurors, as regards violations Of the
sedition law, and the corruption Of the
elective franchise.
His remarks were fearless, Just and
well-timed. Il is time, as his honor re-
marked, inst those disturbers Of the pub
lie peace, who 90 about villifying the
stste and national governments ~ pub
Tic haraugues, should be inside TO feel the
full force Of those wise and Just law they
so ~fippantly decry. He instructed the
Jury that for any q 10 speak in insult
ing and gpprobrious terms Of the state
government for the purpose Of creating
unrest and dissatisfaction among the
people. 10 denOunce, as had become too
common, the legislature OF the state as
bogus and unconstitutional, and the eX-
ecutive and judiciary officers Of the state
as Usurpers, was in plain violation Of
this law, and hat il was their province
and duty 10 ferret out all persons thus
offending, and bring them 70 punish
ment.
He also instructed the jury At length
IN regard to o~fienses against the election
and franchise laws Of the states, inform
ing them it was their sworn duty to pun
ish by indictment each and every person
who, in the recent election for governor
and members Of congress, had bribed or
eudesvored % bride, OF who had intimi-
dated o. e~ndeavOTed to intimidate, any
voter, with the intent and for the pur-
pose Of influencing his vote. That these
were UIeuses against the criminal laws
Of the state, not only, but also sgainst
the integrity and good morals Of the
commonwealth, and were deserving OF
the sevtrest punishment. He also told
the Jury il did not matter how the voter
was ~eudeavOred TO be Influenced and in
Inundated that for the employer TO
threaten u discharge or 70 discharge the
poor and dependent voter unless he
should vote in & certain way was 8 gross
violation Of this law, aud was indictable
that these laws were 20 be enforced that
they were wise and just, demanded and
made necessary in order to preserve in
their purity republican institutions and
that they were not 20 be construed
strictly, but literally.
1t is the lar, then, in Tennessee, that
it is crime, punishable by indictment, for
any one " 70 speak in insulting and OPP
~probriOus terms against the State Govern
ment, for he purpose Of creating unrest
and dissatisfaction among the people"
and as the law creating this new offence,
is not to be construed strictly, according
20 the principles Of that English law
which fsvoured liberty, but literally, no
doubt Judge BBIEN would instruct q
Jury that the purpose is to be inferred
from the language used, and need not be
proven. Very innocent language, under
this rule Of construction, might be
deemed " insulting and opprobious, - and
likely to create unrest and dissatisfac-
ton. May it please your Honour
THos. F. MARSHALL once said 10 3 Ken
lucky Magistrate, "Ibeg your Honour 10
fine me" Fine you 81 said the Mag
istrate, for what, Mr.. MARSHALL" "For
contempt, ifyour Honour please" Con
tempt, Mr.. MARSHALL? the court Is not
aware tha you Rave been guilty Of any
contempt Of COURT "Fine me, may il
pIease your Honour said MARSHALL,
a. I assure you l have the most profound
contempt for the COURT As the judici-
srv Is part Of the Government, perhaps
tbqf remark would have been deemed
bv HE Honour Judge BRIEN " insult
ing and opprobrious," and spoken for
the purpose Of c~resting +" unrest and dis
satisfaction"
It Is the law, then, In Tennessee, that
Il f. a crime punishable by fine and i'm
Dr,sonment, TO denounce the Legislature
~ the State as Unconstitutional, and
" fine Executive snd Judiciary officers"
oftbs state IS usurpers; for which per
sons ought 10 be " ferreted out"! Isn't
- also a high crime and misdemeanor to
.rg,,e h 4 q lar, passed by the Legisla-
- l. unconstitutional? We hold it to
- clear that the Convention which
',,aertook to amend the Constitution a
- -asrs AGO, was an unlawful assembly,
not possessed Of the slightest right to
It,. that instrument. We hold that the
-rossnt state Government is unlawful,
-fa.syse Congress has solemnly enacted
al the State governments in the
o,ser southern States are 50, Arkansas
80 Toujslana included, which were re-
ansfrueted under authority from Presi-
-. LINCOLN, precisely as Tennessee
The present thing called the Con-
s,itntion of Arkansas was made by pre-
- spch a bogus body as net
NasbviIle, called by the same
bo,itv. OF members got together
same way, and many
u 81. of those at Nashville, repre-
o nobodv. II the Government Of
"a created, was not legal, so
A1,sha- vas that Of Tennessee and Con-
eress could not make il 70 have been Or
= iegaI. by admitting the stAte into