Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1867-10-17
THE MILLIKEN CASE.
Discharge Of the Prisoner.

about August, 1867, detachment Of
United States troops was sent to La
grange, Tennessee, during the election;
that young Millikon became exasperated
at seeing negro troops and negroes
voting; he said to loyal citizen, named
John Baum, Don't we know that you
hate the Southern people as you do rat.
tlesnakes2" and further said to the loyal
Baum, 81 will bold you personally re-
sponsible for this" and that Milliken
was armed as was several other citizens.
The loyal citizen, Baum, got frightened
and escaped from the armed rebels, and
was advised by other loyal citizens to
leave town with the troops. Milliken
was then arrested by the United States
troops. This is the sum and substance
of the armed violation of parole, as
disclosed in the return of Lieutenant
Hugo, colored up in legal phraseology
by counsel. Attorney General Wallace
introduced no evidence, resting the case
on the return.
Judge Trigg proceeded to deliver his
opinion, an abstract of which we present
He said the case presented two questions:
LIST. Are the particular acts recited in
the return a violation of the terms of the
parole2
I'd, If so, is the petitioner properly
held for trial before military court, or
has such court jurisdiction?
He referred to the case of Gen. Rucker
last year, in which he decided that a
parole only exists during the war; il
terminated with the war itself; when
peace was restored, he was only response.
BILE to the civil authority; no military
tribunal had jurisdiction. In the Rucke-
case the motioH to discharge the prisoner
was overruled, and he was bound over
to answer the Indictment for treason in
the civil courts. He saw no reason to
change his opinion expressed in the
above case. The President must see
that the laws are executed. The acts of
1885 give him power to call out the
troops and militia to suppress insur-
rection. There is no necessity for
a formal declaration of war in
rebellion, and the President could not
be expected to await the action of Con-
gress. He had the authority given him
in the Constitution, and the acts Of 1895
to suppress instruction, and he would
best know when that instruction was
entirely suppressed. 1t is different in a
foreign war, which is ended by 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 military 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 war
ceases, military authority over citizens
for offenses also ceases.
Even if war existed at present, was
the offense military one, or against
the State laws There are two branches
to a PAROLE the first, not to take up
arms against the. United States; the
second, the paroled prisoner is permit
ted 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 a military obligation. The
civil authorities have right to punish
for violations of the second. The
second branch of the parole merely
aff.rds protection to the citizens from
arrest and Imprisonment by the
United States so long as he |
obeys the parole. For violation of the
military obligation in times of peace, the |
United States Courts are open. Military |
commissions are repugnant to our sense
of justice. and the theory of our Govern
ment when civil courtG are open. The
offense disclosed in this return was a
violation of the laws of the State, not of
the United States, and was not an armed
violation of parole. The prisoner will
be discharged, as he is illegally detained
in custody by the military authorities.
1t will be necessary for the +" loyal
citizen Baum 10 try again. He has man
aged to keep the community of La
grange in ferment of excitement ever
sirce residing there, seeking to cloak his
bad actions in excessive loyalty"
NURSES COMING. = Yesterday the
Mayor telegraphed to New Orleans for
fifteen yellow fever nurses, who will
doubtless be forthcoming in a day or
two. The President of the Howard
Association dispatched to Nashville