Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-09-13
FEDERAL rNTERPERENcE IN ZEN
NESSEE-

Outrdges, and The arrest OF parties
charged with being implicated in these
Outrages. Gen. Murray stated that he
had received no INFORMATION that troops
would be sent to Tennessee by the Gov
eminent, and had received no instruc-
tons on the subject of outrages, except
the Attorney Generals circular. No
additional instructions had been sent
to him. He had taken steps to bring
the offenders to justice, but he was not
acting IN concert with the State au-
thorities in this matter. He said:
We are acting independently; but 1
wish TO say that we viii give the State
the benefit of all the information that
we may obtain, so as TO facilitate them
in their efforts 70 punish the guiltypar-
ties. Yesterday L gave what lnferma-
ton / had to Attorney General HE'S
kell, that he might be enabled to pros
ecute the matter. should 1t come before
his tribunal. You see the crime rs an
offense against the State and the Fed
eral laws. A double crime has been
committed, and trial by n court does
not prevent punishment 10y the other.
Inasmuch as the Federal laws have
been violated. it is our duty. and We
feel compelled TO investigate the mat
ter, and, if possible, bring the offend
ers to justice.
General Murray said that he would
not interfere with the States investiga-
ton of the matter. He had taken no
dispositions and examined no witnesses.
Sworn statements in regard to the-out-
rage had beensubmitted, but he refused
to exhibit them or state their nature.
None of the missing negroes had turned
MP so far as he knew, and he did not
know whether any had escaped.
In reply TO q question whether he had
any information Of the existence of
secret societies, or organizations among
either the whites or blacks of Gibson
county, Gen. Murray stated that he
had not; But l appreeiate the situa-
ton. and am aware of how difficult 1T
is to identify the guilty parties and to
secure proper witnesses to testify IN
cases where they have friends on trial.
There will be great difficulty in that re-
spect." He did not mean thai i was
impossible to make arrests in Gibson
county, "but the difficulty is in Sc
curing proof of identity and estab-
fishing the facts of guilt upon the ao-
cused." When askedif some one shoud
turn States evidence. would this diff
Guilty of identity still exist. he re-
piled: you are aware that sReh is not
the strongest class Of evidence. BY
experience leads me to believe that the
question of identity is a very difficult
one, and especially would it be had it
to be established in a z Of this kind.
1t is not the difficulty Of arresting the
men, but it is the difficulty of identify
ing thela as the persons who were en-
gagged in the affair"
As to Gov. Browns course, Gen.
Murray was just enough to express the
opinion that he is Gin earnest"
This all seems fair enough, but let
us IoOk into the matter a little. The
Constitution Of the United States poo
vides article ) of the Amendment
that mo person shall be held to an,
wer for a capital or otherwise IN
famous crime, unless on a presentment
or indictment Of a grand jury;
nor shall any person be subject for the
same offense to be twice put in jeopaf-
dy of life or limb; nor be
deprived Of life, liberty or property,
without due process Of law" Seven ar
rests have been made AMI others
probably Will be, and yet they have
not been arrested upon "a presentment
or indictment of a grand jury" We
shall probably be told that what is
known as the KurKluK law authorizes
such arrests. But 'the true interpre-
tation Of these constitutional phrases
is, that where rights are acquired by
the citizen uader the existinglaw, there
is no power in any branch Of the gov
eminent 10 take thea away; where
they are held contrary 70 existing law,
or are forfeited by its violation, then
they may be taken from him-not by
an act of the Legislature, but in the
due administration of the law itself,
before the Judicial tribunals of the
State" that is. 'by Indictment Or pre-
sentiment Of good and lawful men"
The article is a restraint on the legis-
lative as well as the executive and ju-
dicial branches of the government, and
cannot be so construed as to deave
Congress free to make any process due
process of law"
None of the steps l2id down in the
constitution appear TO have been
taken by the Fedora, while they
were being strictly pursued by
the State authorities. The grand
jury of Gibson county had been pa
tiently investigating the matter; had
examined a very large number of wit
nesses. and there is reason 10 believe
that they were on the track OF the men
concerned in the late outrage; but just
here the Observation-Disclosures step in and
make a number of arrests, and war
rants are said to be out for 4 number
of others who will probably be arrested.
Here is an interference with the duties
of the State and local authorities If ,
very grave character, such as may
wholly defeat the ends of justice. Gen.
Murray says there is nc conflict, and
that trial by one court does not pre-
vent punishment by the other" Sup
pose Gen. Murray should prosecute n
of the men already arrested, or
to be arrested, and fail to