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

J6DGE NELSON AND GEN. sICRLEs
From the National IntellIgenoerI
Some Of the radical journals are pro.
foundly affected by what they would
represent as most scandaiOus invasion
of the high prerOgatiyes Of the late law
maker Of the CarOiinas, Mai Gen. Sick
les. An unfortunate negro was shot by
4 a white man, for which 0ltense the latter
I was arrested and tried by a cOurt-mar-
tial, and sentenced to death. The sen-
tence was eummuted TO imprisonment
for life, and the prisoner was sent
to the Albany penitentiary. A
writ Of habeas corpus was OBJ
tained, and Justice Nelson, Of the
! United States supreme court, not having
/ the fear OF the court martial before his
I eyes, discharged the prisoner. To add to
| the Nervousness Of this Judicial Offense,
| Justice Nelson did not consult with his
I high mightiDess Of the Carolinas. The
prisoner, discharged by due process Of
| law, ventured to return to his home He
was forthwith rearrested by order OF Gen.
/ Eickles, and throWnint0c castle Pinckney.
! The facts were brought before the presi-
dent and he ventured without consulta-
zion with Gen. Sickles, to order his re-
lease and this is alec pronounced an
objectionable Offense.
We know nothing about the facts of
the alleged murder but we do know
something about courts martial. We
remember that at the instance OF Pardon
Worsley, notorious blockade runner,
some twenty odd and more of the promi-
nent merchants Of this city and of Balti-
more were brought before a military
court in this city ard convicted, and
several OF them sent to the peniteutiary,
while more would have been sent but
for the timely Interference of Mr.. Lin
coin To arraign was 70 convict, and TO
csnvict was TO win the approval of the
ruthless secretary OF war. There is no
intelligent man familiar with the facts
who believes one Of those convictions
just.
We have 40 doubt that Justice Nelson
exercised wise discretion in hearing the
habeas corpus, and in discharging the
prisoner. And il strikes us that things
have come to a pretty pass, indeed, il
United States judge cannot exercise his
functions without being arraigned for
not taking military officer into consul
tation with him. II shows a curious
mental condition in An American free
man to censure the president of the Uni
ted States for vindicating the action of a
federal judge by making good his dis
charge on q writ OF hsbeas corpus, against
the arbitrary order Of subordinate OF
the executive. ..f...sH. .e.U....
Gen. Sickles himself was not satisfied
with the sentence OF his court for he
committed it into Imprisonment for life !
If il WAS the wanton murder It is repre-
sented, why was the communication made ? |
But the real point, on which we invite |
the calm judgment OF our eOuhtrymen, |
is the effort to subordinate the decision |
of the United States judge to the will of |
an officer to supplant the authority of |
federal court by the dictum Of a |
court martial to substitute the or |
der OF a soldier for due process |
of law. The same outrage on free /
is now upheld as was per- |
petuated by Gen. Slckles when be bade |
his subordinate at Wilmington to defy /
the process issued under the authority Of /
the chief justice. For a judge TO waive |
the exercise Of his Judicial discretion in
order to consult with such a man is to /
insult justice, TO lower the dignity of the |
courts, to trample on the majesty OF law,
and TO sacrifice seli-rsspect while paying
homage TO arbitrary power Thank
heaven, the Judiciary OF the United States
have not yet learned to take their inter.
of law from thelips Of a soldier.
THE MAGNOLIA Ark P5ndicdt0r has
IN form alton from IlafaVette county Of