Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-05-02

O@-A 81 LIZ
ing letter, addressed to the Clergyman
who was to ofaeiate, appeared:
H~EApQuARTERs MEMPFfIs, TENx.,l
April 2. 1851.
Sir: In reply to your gratifying assu-
rance of this date, both verbal and writ
ten, that the ceremonies at Elmwood
cemetery tomorrow, the 18th inst, are
to be Of q religious nature, and that your
proposed discourse will not be OF o poIit-
ieal nature, which would necessarily
tend TO the excitement of sectional pre-.
JUDGES, but will have a tendency to in
crease feelings of amity, I have tb e
honor to inform you that I regret having
been compelled to interfere even th us
far in the matter. Yet, feeling that roy
duty has been performed in Obtaining
these assurances, / remain, very respect
fully, G. A. M. ESTES,
Capt. 18th Infantry, Commanding Post.
We have, preferred not to be la haste
to speak at large Of this matter, and we
do not now mean TO impeach the mo-
tives of the officer who has 80 greatly
compromised himself, and fallen into
so great an error. 1t is quite likely that
be did not know that the reign Of mill
tary power was over in Tennessee that
it was no longer q Province, and that he
was doing that which ought to cost him
his commission, snd which might very
easily have led him to the penitentiary
or the seaffold, If he had interfsred, as
he threatened to do, in that which in no
manner concerned him, and bloOdshed
had been the consequence. Probably ne
did not stop to reflect that he had no
other powers than a Captain in the
Army, stationed in New York, had be-
fore the war, and hat he is in every
way amenable to civil process, and tria-
bic, except for strictly military offences,
by the Courts of the State of Tennessee.
We do not doubt that he believed he
had only performed his duty, in obtain
ing assurances, by threatening to inter-
fere Illegally by force and so commit a
crime, that Dr.. Ford did not intend to
deliver q discourse Of a political nature.
II is quite possible that he supposes that
the right Of free speech is not yet re-
stored in Tennessee. If SO, he labours
under a very grave mistake, and if he
acts upon it, will be quite certain to
come t. grief. If he can prevent DR..
FoRD frss introducing political matter
into a speech at a cemetery, he can
march a file of soldiers into his church,
and prevent him from doing the same in
the pulpit. If he can do what he threat
eued, he can suppress the Avalanche and
APPEAL, in both of which articles daily
appear of a uery political nature.
The free citizens Of Tennessee have a
right to honour the cause that their he
roes died for. Captains commanding
posts have nothing to do with these
demonstrations. The military repre-
sentative of the Government at this sta
ton " has no control over, or right to in
termeddle with &c the disloyal element in
our midst.u His midst" is his post,
by whose limits his authority is circum-
scribed, and where the civil law hedges
him in on every side. The sword Is no
longer above the laws, here. The mili-
tary, here, is in strict subordlnation to
the civil power. It is not for a Captain
or SubaItern OF the army TO decide what
is or what is not reasonable" II it
we're, it is sheer nonsense to say that
peaceful demonstrations in honour of the
dead, or ia honour Of the cause they
fought for, is reasonable"
It is not the business, and still less the
d..ty, of Captains commanding posts to
see that a stop is put without delay, to
such proceedings. They are not forbid
den by any law. If y Captain should
undertake by force to do what Captain
ESTES threatened, resistance would be
justifiabIe, and for all S!ood shed he
would De responsible. Whenever he
undertakes it, he will put himself out of
the eAe and protection of the law, by
t~ransesnding his authority, and will
have to answer to the laws and Criminal
Courts of Tennessee, like any other law
breakep.
No Captain IN the army would for a
moment dream of committing such a
folly in New York. 1t is in this thst
the significance OF the matter consists.
Tennessee is not yet regarded as a State.
II she we're, no subaltern would dare
offer her authorities such al insult. II
General GRANT himself were here,or the
President, he would have no more power
than a negro has, TO do what Captain
ESTES proposed to do. And yet s Cap
tain so far forgets himself as to threaten
to break the laws Of the State and IN
dertakes to dictate to men what they
shall or shall not say to the people. Ten
nessee pretends to be a state, and yet
a Captain in the army thinks he can
prohibit all " ~discourses Of q political ma
tureU and ceremonies in honour of the
dead. How did ne mean to put a stop
to it? Did he pause to ask himself that
question? Suppose, as should have been
the case, no reply whatever had
been made to him, and he had been
left to rely on his own resources. Would
he have marched his command 70 the
cemetery, anG dispersed the assemblagei
women included, with the bayouet
uzAl ne have arrested and Imprisoned
the contum aeious, including Or. FORD ?
If be had begun the job, would be not
have found it rather a large one
Would it not become his duty also
to station his men in the churches, oil
Sundays, to prevent the Introduction OF
reasonable and inAammatory mattsf
into sermons ? Would it not also be-
come his duty to create himself Censor
Of the Press? The time for these things
is past.
Captain ESTES made a great mistake.
That any man may do. He has COM
mitted a great outrage upon the right OF
free speech and free action OF the eiti-
gems OF a State. A little vulgar applause
in the North will not compensate him
for the modification which he must feel
at having been betrayed into the com
mission of an unjustifable act. Even
there, those whose good opinion he ought
to value, will condemn hing.
-
--LATEST
BY