Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-06-06

An INFAMOUS LAW.
We were utterly anawsre until yester'
day Of the existence of a Statute Of Ten.
nessee, " for the benefit of discharged
Union soldiers" enacted en- the 9Th o.
June, 1855, which provides, that sal
Union soldiers who have served either 81
State or Federal soldiers, and have been
honorably discharged from the service,
and all citizens DhO hare Arrays been
loyal, shall be permitted to carry all
necessary side-srms for their personal
protection and defence"
Tae general Statutes Of the State make
it 8 misdemesnour, punishable by i1dict-
ment, to carry weapons, either concealed
or openly.
The Statute OF 1865 undertakes 70 re-
peal this Statute as to al loyal white
men and as to every negro, in the State
so that, by the operation of the two Stat
utes, all white men who fought for or
sympathized with the South shall be dis
armed and made helpless aad defence
less, while ali the negroes that swarm in
the cities, and every reckless Union vag-
aboRd are armed against them.
The Judge Of the Municipal Court has
said to the Grand Jury, in regard to this
act OF 1855:
I believe it to be the duty of this Court
to charge you, gentlemen, that you
should give no heed to this act, unless
YOU know Of your own knowledge that
the person who N within the pro-
visions of this act carries concealed
weapon for the purpose Of defending
and protecting himself against 8 second
individual, unless he has reason to be-
Iieve that he is in personal danger OF
bodily harm from Threatened assaults of
some particular individual or indlvidu-
sis. And with this single exception, you
will indict every person that carries con-
cealed weapons, and ifyOu indict any one
who come within the provisions Of this
set, let him snow the fact upon his fnsl
trial, or bring the matter to the notice OF
the Court.
Centuries ago, Damosthenes, in his
first Grafton against Aristogeiton, said,
"The design and object Of laws is to as
certain what is just, honorable and ex-
pedient; and, when tkat Is discovered,
it is proclaimed as a general Ordinance,
equal and Impartial to all"
Blackstone, defining law to be =" rule
of civil conduct prescribed by the SUI
preme power In q State" says that It is
q rule not a transient sudden order
from 8 superior, to or concerning a par
ticular person " but something peyDsa-
neat, uniform and universal"
D1mat says: at is also another con-
sequescs Of laws being the rules Of the
universal order Of society, that no law is
made to serve only for 4 person, or for
one case, or for one singular and psrtie-
ular fact but they provide in general for
what may happen, and their dispOsi-
lions respect all the persons, and all the
cases to which they extend. And there
fore the wills Of princes, which are Inn
tied to particular persOns, and to singu-
lar facts, such as 8 person, g gift, an
exemption, and others of the like nature,
are f~avours, concessions, prtgaeges, but
not ldWs."
In Wa2y's Heirs o. Kennedy, 2 Yerger
sos, the Supreme Court Of Tennessee
said: "This Court upon two occasions,
and upon the most mature consideration,
has declared that the clause law Of the
land means a general public law,
equally binding upon every member Of
the community. The righ1 OF every
individual must stand or fall by the same
rule or 1a0, that governs every other
member Of the body polite or land,
under similar circumstances"
Were IL otherwise, odious individuals
or corporate bodies would be governed
by n law, the mass Of the community
and those who made the law, BY
another"
The same decision was made in State
Bank Us. Cooper et al, 2 Yerg. 500.
In Holden Us. james, IL Mass. 1876, 1t
was held that the Legislature could not
suspend the operation Of a general law,
in favour Of an individual. The Court
ssid that this was tone of the most
odious and oppressive prerogatives Of
the ancient Kings Of England" For
that reason, it must be confessed, it is all
tbs more appropriate that it should be
exercised by 3 Tennessee Legislature
which receives its instructions from a
mailman like William @. Brownlow.
The Massachusetts Court, which,
whatever the vagaries Of the politicians
Of that State, has always ~expounded the
laws ably and honestly, and vindicated
with singular consistency the principles
OF that English liberty which the Mas
sachusetts Bay men inherited, said /:
nIti is manifestly contrary to the Just
PRINCIPLES Of civil liberty and natural
Justice, and 70 the spirit Of our Constitu-
ton and laws, that any one citizen
should esjoy privileges and advantages.
which are denied to all Others under
IKE circumstances; or that any one
should be subjected to losses, damages,
su,ts or actions, from which all others
under like circumstances are exempted y
nTt was ' supposed" the Court said,
athst the privilege OF DE writ of Hsbsss
Corpus, for example, could be sasreaded