Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-02-01

to quiring the oath, said this great la,
10 yer, with an unprejudiced eve. '
;e must acknowledge not only that it vi
70 an evasion of the treaty, out a subve
le sion OF one great principle of social 5
d curity, tO-wit: that every man shall |
b presumed innocent until he is prove
y guilty. This was to invert the order
y things, and instead Of Obliging the stai
IL 10 prove the suit in order TO infiict th
s. penalty, it was 10 oblige tha citizen
8 show his own innocence to avoid th
{, penalty. 1t was to excite scruples /
Il the honest and conscientious, and {
T hold out bribe TO perjury.
?, was mode of inquiring who had CON
g mltted any OF those crimes to which th
e penalty of disqualification was annexed
e with this aggravation, that il deprive
e the citizen of the benefit Of that advan
= tage which he would have enjOyed b.
e leaving as in all other cases the burdej
Of proof upon the prosecution. II
place this matter in still clearer light
t let it be supposed that, instead of th,
2 mode of indictment and trial by iury
the legislature was to declare that ever,
citizen who did not swear that he hac
; never adhered to the king Of Great Brit
ain should incur ali the penalties which
our treason laws preseribes would thi.
not be palpable evasion of the treaty
and direct Infringement OF the eonsti-
tuition The principle is the same in both
cases, with only this difference in the
ke9nzeqgenees, tkat Ia the instance
already acted upon the citizen fSrfeita !
part Of his rights, in the one supposed he
would forfeit the whole. The degree OF
punishment is all that distinguishes the
cases. In either, justly considered, it is
substituting a new and arbitrary mode
Of ceutiOn, to that ancient and
slay esteemed one recognized by the
laws and the constitution OF the state-I
mean the trial by jury.
| Let us not forget that the coITtitu-
ton declares that trial by jury "a all
cases in which it has been formerly used
should remain inviolate forever, and that
/ the legislature should at no time aract
/ any new jurisdiction Whicl, shonld not
proceed according 70 the course of fhe
common law. Nothing can be more ra-
| pugnant to the true genius Of the com
mon law than such an inquisitiOD as has
been mentioned into the conseienees of
men. If any oath with respect
to past conduct had been made the con
dltlon on which individuals who have
resided within the British lines should
hoid their estates, We should immedi-
ateiy see that this proceeding would be
tyralnical and violation Of the treaty /;
ana YET when the same oath is employed
to divest that right which ought to be
deemed still more sacred, many of us are
so infatuated as to overlook the mischief.
q To say that the persons who will be
affected by it have previously forfeited
their right, and that therefore nothing is
taken away from them, is as begging of
the question. How do we know who are
the parties in this situation If it be
answered this is the mode taken to ascer-
tain Il the objection returns, it is an i'm
proper mode, because it puts the most
essential interests of the citizen upon q
worse footing than we should be willing
TO tolerate where inferior interests are
concerned, and because, if allowed, il
substitutes for the established and legal
mode Of investigating crimes and infiict-
ing fOFfeituFes one that is unknown to
the constitution and repugnant to the
genius of our law
Similar views have frequently been ex-
pressed by the Judiciary in cases involv-
ing analogous questions. They are pre-
sented with great force in the matter of
Dorsey, 4 POrt'V), but we do not deem
1t necessary to pursue the subject further.
The judgment Of the supreme court of
remaBded with directions to enter a
Judgment reversing the judgment OF the
circuit court, and directing that court to
discharge the defendant from i'm lon
ment, and suffer him to depart without
delay, and it is so ordered.
FUNERAL OF GEN. A. =. JOHNSTON
Gen. Gsimn's Order-Great Excitement
ANWrrs ann nF wN..
Of Galveston and Gen. Sheridan.
GALVESTON, January 25.-Great ex-
element mas been Oecasioned by the in
reference Of Gen. Griffin with the obse-
quies of Gen. Albert Sydney Johnston.
The stores are all closed and drsped in
mourning. Gen. Griffin agreed to allow
the body to be taken TO the Episcopal
church, and permit the burial service TO
be read on the following pledges from
Mayor Leonard That there shall be no
music by bands; no ringing OF tollisg Of
bells public or private demonstrations
of any organized societies or associations
in the procession. The body should be
conveyed TO the church on its arrival,
and thence to the point of its departure.
All persons appearing in the procession
shall be invited, and shall appear as
members of the family or friends of the
deceased. The conditions were refused,
and the body remains in the open air,
where it has been visited by crowds.
Business closed during the day.
New ORLEANS, January 91.-The fol-
lowing correspondence is published:
GALVESTON, TEXAS, January a, 1867.
Maj. Gen. 2, Il. sheridan, Commanding ne-
partment OF the Gulf, New Orleans;
The citizens of Galveston wish to give
q civil escort from the steamer TO the
cars to the remains of Gen. Johnston.
Gen. Griffin, commanding, has issued
prOhibit9Ty orders. Will you give
authOrityt to the citizens here to |
civil escort to his remains.
CHAS, n LEONARD, Mayor.
Mr. Chas A, Leonard, Mayor OF Galveston,
Texas;
g; Sir; I respectfully decline to grant
= .Ur request. l have too much regard
for the memory of the brave men who
died to preserve our government to
authorize Confederate demonstrations
over the remains Of any who attempted
to destroy il, p. II. SHERIDAN,
Major General L. - \.
GALVESTON, January 26.-The re-
mains of Gen. Johnston were removed
TO Houston this morning, and were fol-
lowed to the depot by large procession
Of ladies and gentlemen.