Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1868-09-10
For the Fayetteville Observer.
s'Caput Lupinum.n


ssCaput Lupinum."
To the Hon. W. H. Wisener, Senator, sc.
In the proceedings of the State
Senate on the 9Th instant, / OBJ
serve that Hon. Speaker Senter
asked your legal opinion as to an
outlaw and the effect of outlawry,
to which you replied that
Gan outlaw was placed SO far
beyond any possible protection
from the laws that any citizen
might shoot him down in the
street, or wherever he might meet
him, even when not engaged in
any apparent mischief at the
time"
Now, honorable and learned
sir, will you from your high es-
tate condescend to answer an ota-
slider a question or two? LISTS
there any snch thing as outlawry
known in the laws of Tennessee
or the United States? 2nd-Can
there be such thing under the
constitution of Tennessee or the
United States? Does not the
constitution of the United States
say no State shall ''pass any bill
| of attainder," and "trial of all
crimes, except in cases of impeach-
ment, shall be by jury?" And
that Of Tennessee says $50
"SEC. s. That no freeman shall
be taken or imprisoned, or dis
seized of his freehold, liberties or
privileges, or outlawed, OF exiled,
or in any manner destroyed, or de-
prived of his life, liberty, or prop
Eerty but by the judgment of his
peers, or the law of the land"
Then is the honorable body of
which you constitute adistinguish-
ed and the most sensible part
higher than these fundamental
laws-and higher than Gods law,
the common law of the land?
Again-whence, where, and
when do you learn your law of
outlawry7 IT'S not SO at COM
mon law in England or America
Blackstone wrote during revolt
and revolution of English colo
nies-'twas not laao then. Chief
Justice Hale, a loyal kingite,
wrote and judged in the days OF
Cromwell-'twas not law them
Blackstone says to kill an outlaw
by a citizen is murder-so wrote
Bracton in his day-murder for
which the slayer would suffer
death. And yet you tell the Hon.
Speaker he has a right, without
fear or molestation, to shoot 'em
down on the street, i'll sheer sport,
to try'their craftsmanship "caput
lupinum. Forrest says there are
10000 Ku-Klux in Tennessee,
and if declared outlaws, and your
law IS law, won't the Hon. Speak
er have good time a shooting?
But why do you want to get the
honorable gent in this trouble?-
Do you want his place Sin the
cabinet or the field?'' for like Ma
poleon, he is great in both, being
both Speaker and Elector for Rad
icalism. You used to be "Mr.
Speaker" yourself, and l doubt
not much better one than the
Hon. Mr.. Senter. Then why envy
him that place? And as for the
other, thank the gods you have
not that sin to answer for, for the
wrath of the people, as a swift
hurricane, will speedily overwhelm
and consume all such.
Further, most grave and rever-
end senior; why did you not tell
our distinguished Senator, Hon.
Mr.. Wyatt, your "legal opinion"
of a spy-alias detective-which
he voted to send among his people,
to pry into their kitchens and
outhouses, to find something of
sweet smelling SAVIOR, to report to-
their master at headquarters
Why didn't you tell him that any
decent man had right to shoot
down one and all these dirty |
logs sin the street or wherever he |
might meet him, even when not |
in any apparent mischief"
May be you might have so opera
ed on his nervous system that he
would have voted against that
log-smelling proposition as well as
he one to shoot all the Kuklux.
But, purchance you are right not
o throw pearls before swine, or
lumplings before CANNES. fer the