Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-10-05
FOURTH MILITARY DISTRICT.
The following order has been pub
HEADuUARTER- FoUETH NIL. DIST
mississippi and Arkausas.l
ALl.-HIn. Ms AanL 4 IL

~AkIEk~ ENN EIh NIL Dist.
mississippi and Arkansas.
NICKsBURG. Miss, sept. 8, 1857.
l. Whenever auy person indicted for
a criminal offence in the state courts Of
this military district, shall produce to the
courts the sffidavits OF two creditable cit
liens, setting forth that, during the late re-
bellion, he was in the service Of the
United States or lOyslly adhered to them,
Withholding as far as possible al aid and
comfort to their enemies or the facts
shall be known or otherwise satisfaCtO-
rily shown 10 the court, and the accused
shall himself make oath that, owing to
them, he has reason 70 fear that ne will
not receive q fair and impartial trial by
jury then the court viii not proceed 10
the trial Of the case, but the presiding
Judge will such ~afidavits % ba for
warded to the assistant aijutaut-geueral
at these headquarters, and will direct the
district attorney % transmit % these
headquarters a copy Of the indictment,
with 8 brief statement of the names and
rssldencssof witnesses aud the testimony
which can be obtained in the case, with
q view 10 its trial by military commis-
sion.
II. General orders No. u, current
series, from these headquarters, suspend
ing until after December 80, 1867, sales Of
lands, crops and farming utensils, under
executions In cases in which the cause Of
action accrued prior to January l, 1866,
is hereby 50 modified as TO permit the
sale Of 50 much Of such property rs may
be necessary = satisfy the legal costs Of
court adjudged in such cases.
III. All officials concerned ia the adj
ministratiOn Of the poor laws OF the states
composing this district, are admoRished
that, as the freed people bear their share
Of taxation, no denial 70 them Of the
benefit Of those laws will be tolerated
but every refusal or neglect to properly
provide for coiOred paupers will De
treated as a dereliction Of Official duty
and q violation Of the spirit Of the act Of
congress kuown as the civil rights bill.
By command Of
BREYET MAJOR CEN. ORC.
General ORD has shown little inclina-
ton to set at nOught the civil authority.
and especially that OF the judicial tri-
bunals. To secure to 4" Union men - an
impartial trial, be now permits them. ON
their OuH oath that they have reason to
fear they viii not receive q fair and i'm
trial by jury, 10 withdraw their
cases, no matter for what crime they
may be indicted, from the ordinary TIL
bunals Of criminal Jurisdiction, and to
have them tried by Military Commis-
General ORD is trying, in this, q very,
dangerous experiment. A man who
knows himself guilty Of an AtrociOus
rhine, and that be can be proven 50, viii
make the necessary affidavit, and
-emove his case from the Court whose
Justice, and the Jury whose verdict he
ireads, into another tribunal, where, as
Union man, he may find more favour
sympathy. By this, at any rate, he
annOt lose, and may win. Like other
Of venue, il will operate, in nine
asses out Of ten, to enable criminals to .
scape punishment. IL viii make Union ,
men a privileged class in the eommu-
ity, and increase instead Of allayine I
be diseontents OF the people.
II Is possible that Union men might !
pine times have reason % fear that ow- Z
lg to prejudice against them, they {
not be fairly dealt with by g jury. 7
We cannot believe that this would be Of. ,
N the case and we have never known G
ny thing but mischief to result from 6
lch attempts 70 prevent or cure partial
7ils. These attempts, indeed, are pre- j
ssly Of the nature Of Lynch law and b