Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-03-12
the Arrest ana imprisonment Of
Colonel galloway. "

| FROM caru irom Wfe' VIVA" -
which appears in this mornings AGA
lanchs, and from a mittimus publishes
ia the morning papers, il appears tia
Colonel galloway was arrested yesier
day and committed TO prison. Tn
charge on which the mittimus recite
that he was found guilty." is the pub
LEGATION of an article on the 18th day o
December, last. How then, was tn
process issued q. We have understoo'
that when the FIRST of the contempt case
against Messrs. Gallaway'& Rhea wen
| to the Supreme Court fora decision ofth'
questions of law involved, this, with oil
the other cases against those gentlemen
or other members ofthe press, wherein th'
same principle was involved, were helt
| In allegiance, aud would not be further
acted on by the Court This, we are in
formed, was the understanding Of tn,
attorneys for the accused and Of those
of the Court, aud was substantially pitl
| the consent of The Court. That sucl
was the understanding on the part ofth'
members Of the bar generally is, We
think, updeniable. We were ourselves
so informed by the Clerk Of the Court
who, when we went forward to make de-
Tense in our own case, informed us that
| it would not be tried until after deci-
sion Of the Supreme Court. That deci'
sion, being adverse to the jurisdic-
ton Of the Criminal Court here in
the first case for contempt would
apply to all the other cases, and
therefore, all depending on the same
principle, they would be laid over until
decision Of the higher tribunal could be
had. If this was the understanding of
the bar ,and all other officers of the
court--of the whole community : and
was the consent of the court itself, how
then is it possible a mittimus has issued ?
Is it on the ground of denial of the
right to appeal, and that therefore the
steps taken for that purpose haye no
legal efficacy so far as the carrying into
effect the judgment Of the court below is
concerned Ifso, this is to render a
new judgment in the case in the absence
Of counsel and of case on actual trial,
and that, too, at a subsequent term of the
court But what difference does it make
whether his authority is as ample as
Judge Hunter has assumed 1t to be, or
not, If he has consented these cases
should be laid over, pending the decision
of the Supreme Court2 Is not the faith
of the Court pledged by such trans
action2 And if so, is it legally possible
that faith should be violated by any
incumbent of the bench 2 We are mis-
informed in every possible respect as to
the facts of this case, if by its tacit,
actual and declared consent and judg.
ment the Court here is not bound in both
a legal and moral sense, SO that process
of execution cannot rightfully issue.
The mandate of the Constitution of
Tennessee is that the press shall always
be free to examine the conduct of
all officers and departments of the Gov
eminent. We deny, therefore, that re-
strictions can be laid in the first instance
on the press so as to prevent any publ
cations whatsoever We regard every
attempt, having an effect by fines and
penalties to do so, as nothing less than
usurpation and outrage. We express
no contempt for any court of the land as
such. One of the members of this bar,
we know too we'll and respect too much
our legal and sworn obligations, to do SO.
But we say that when any man holding
a judicial station uses his Office ION per-
sonal provocations, no matter how
serious), for the purpose Of preventing a
free examination of his acts as an
officer of the Government, he be-
GENES . usurper, and tramples down
the Constitution he has sworn to
support. And we say more; that,
when to all this is superadded vio-
lation of an understanding had with
counsel that the execution of process
should be suspended until decision of
the Supreme Court could be had, and
an order made to that effect in the cause
at bar, and to which in good faith all par
ties-court, counsel, officers and the
accused-are alike bound, he adds to
the crime of usurpation an act Of in
fanny impossible to any honorable
man. That such are the facts of this
case, as they respect William Hunter, we
understand to be true. If We are mis-
taken, our columns are as open to him as
TO every other man to make correction.
What is true, We shall not bleDch from
the fear of consequences from asserting
and what is false or doubtful, we have
the moral courage to retract or withhold.
A meeting of the bar is called in another
column to consider this whole matter,
when we hope the proper and truthful
expression of the opinion of members
will be given.
Desperation of RadieaIism.
In all the expressions Of the impeach-
ers through the arguments on the floor