Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-02-04

before been known IN this country
military guard placed over court OIL
Justice At the trial Of Messrs' Gala
way aud Rhea on an attachment fc'
contempt issued by the Judge Of the
Memphis Criminal Court, guard oil
United States soldiers was placed
around, in and at every door the court
room. Ingress add egress was impeded
except on special permission Of the
Court, aud during the reading OF the
minutes aud the delivery Of the opinion
of the Court in the case, occupying
about three hours, the guard was changed
aud relieved more than once in due aud
military form. Even attorneys gained
admiitance or egress only by asking
permission Of the Court, except only
one so far as we know, Colonel ID. r.
McRae, who made his way in through .
window. Whether the orders given by
the Court to the military were stringent
10 this extent we are not advised.
We suppose not quite so much was in
tended, from the fact that upon attention
being especially called to 1t, the order
was given to permit free ingress first to
attorneys, and afterwards TO oil other
persons Upon the. guard being sta
toned in the court room, and apparently
upon being asked by the officer in charge
what instructions he was to give the
guard, we understood the response TO be
that they remain where posted and "obey
my orders the orders Of the court.
Protests were freely entered to this un-
heard of proceeding, not only by the
counsel employed in the case, but also
by several others who demonstrated in
the name of civil liberty and the citizens
Of the State, all claiming that no snifi
Gent cause existed in any disposition TO
violence on the part Of the citizens of
Memphis. The judge of the court how
ever admitted that the guard of soldiers
was there at his own instance and re-
quest. And he affirmed that violence had
been threatened on the streets and In the
newspapers of the city. IL that is true,
we are not advised of il, although being
present for trial on the same charge, and
having occasion to examine the city pa
pers daily, we are as likely as any one
else, at least, to be apprised of what the
papers contain, and Of such fact if it
existed We protest that the judge is
wholly mistaken. Instead Of eounseling
or consentng to any violence, neither
the Avalanche nor the LEDGER has ever
publicly, or their proprietors privately,
so far as we know, given any counte-
nance whatever to such course, and the
Avalanche has distinctly disavowed such
a wish.
The effort now made on the part OF
both papers is in defense of great prin-
ciple, and what they conceive to be the
true liberty of the press of Tennessee.
1t is not by the destruction of courts OF
Justice, and violence to the law and the
Constitution, that they propose to assert
their own and the rights of the public
press under the Constitution and the law,
bat in obedience to both.
We regret exceedingly this unprece-
dented military procedure, which is
unauthorized in law. No judge of the
State has authority over the troops OF
the government. And if the power was
never so ample, we deny utterly the ex-
istence of any sufficient reason for its
exercise.
The people of Tennessee and of this
city obey the law. Not an instance has
vet occurred in our history in which the
judgment of any court Of record has been
defied and rendered inefficacious by vio'
lence on the part of the people. The
officer in command of the troops here
had no more right to place them in
courthouse than he had to place them in
one of The churches. And he should be
called to account for it, as no more ex'
cusable by the request of one OF the
Judges, than he would be by the request
of one of the clergymen of the CT y. IT
the Judge was really in danger, his
sheriff with his posse and all the police
of the city should be able to protect him,
especially when, as we believe, there was
no occasion for any protection at all.
The presence of military troops in a
court of justice is especially to be de-
plored, as interfering with the rights and
overawing the freedom Of litigants IN
civil causes, which the judge of this court
in giving his opinion in the case now at
bar has pronounced this to be. And it
is to be deplored as calculated to aaix
stain on the good name of law abiding
city. 1t will now ring through the land
from Maine to California that the hith-
erto peaceable citizens of Memphis are
defyiug the courts and threatening and
overawing the judges. And at the very
same moment the parties litigant, with
their counsel and their friends through
out the city, protest that there is no foun.
dation for such statement. What effect
this may have to make capital abroad for
the Radical party we are unable to say.
It is out of false food the most of its cap
ital thunder is made, and this will doubt
less be welcome. But we protest in the