Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1885-09-19
A personal vINpIcArIoN.

| Still cherish his memory.
A PERSONAL vINDICATION.
In discharge of the duties incum.
bent upon me as one of the grand ju.
rors for this district / am asked by
my fellow-jurors to concur with them
in finding true bill OF indictment
for Tennessee against Mai Gen. N. B.
Forrest of the Confederate army, as he
is VIGOROUSLY in arms in defense OF
the Southern Confederacy, and very
recently has been in this county and a
portion of his troops have penetrated
this town, captured prisoners and
made war upon the troops of the Uni
ted States. This forms strong and
striking case, requiring an indictment
for treason in the opinion of my fell
low jurors. have given to this sub
ject all the consideration of which l
am capable, with an anxious desire to
do my duty. The presiding judge, in
his charge to the grand jury, uses this
language: ain making this dillgent
inquiry, your highest aim within the
sphere oi the duties assigned you
should be simply to promote the ends
of public Justice" With this highest
aim to promote public justice / cannot
concur with my fellowjurors for the
following reasons.
First-The government of the Uni
ted States is voluntary compact be-
tween sovereign, equal and independ-
ent States, forming compact for
certain specified limited purposes.
This compact or partnership is the
constitution of the United States. In
1861 portion of the States to this
federal compact, each in its sovereign
capacity, withdrew from the Federal
Union and created another union and
government called Confederate States.
The states still adhering tozthe old
union, calling themselves U .ited
States, deny the power and right of
the seeding or withdrawing States to
withdraw and form seperate confed-
eracy AS there is no umpire to de-
eide this high question peaceably, the
States calling themselves United States
have resorted to umpire OF the sword
to compel the seeding States to return
to the old compact There is no war
rant in the constitution for making
war upon sovereign States. If the
published debates OF the trainers of
the constitution are to throw any
light upon the subject, the power OF
the Federal Government to make war
upon a sovereign State is expressly
and emphatically repudiated. Wheth
er the remaining States to the old
compact have the right to make war
ON the seeding States or not, they are
nevertheless making war ON the seced-
ing States. The seeding States, under
their new form of government called
Confederate States, are defending
themselves against the war made upon
them by the States still adhering to
the old compact With this view Of
the case | am not prepared to say that
Mai-Gen. N. b. Forrest is making war
upon the United States. He is citi-
zen OF the seeding States. They claim
they have right to secede: that they
have seeded and made another gov
ernment, and that they are simply act
ing in self defense, pot making an
aggressive war on the States called the
United States / am not prepared to
say whether they are right or not
Second-I am Il citizen of the State
of Tennessee. The citizens of the State
OF Tennessee, against my vote, against
my wishes, against my Judgment,
against my acts, (while it was an open
question | had the right to vote and
act) by an overwhelming majority,
voted to secede from the old confeder-
alton and join the new. cannot sep
aate myself from my State, if | would.
Against my Judgment they haye with
drawn from the old Union. A major
ity of its citizens determine to belong
to the new union that is an i'm pOSsi6J-
ity ! The war has been raging for
more than three years with varying
success, After more than three years
war ] have no evidence before me that
a majority, or even tenth part, of the
citizens desire TO return to the old
Union, The facts would seem to JUS
tify different conclusion. Nashville,
Memphis, Knoxville, and, perhaps, two
or three counties in East Tennessee
are under the control of the Federal
Such places are held by
the arms of the Federal government
whilst all the balance OF the State are
in sentiment with them, and the great
er portion OF the fighting population is |
in arms against them. This Federal
judicial district embraces all of West |
Tennessee, while in fact and in truth |
its jurisdiction and its processes would |
not be acknowledged, and now could |
not be enforced over and beyond the |
limits of the town of Mem
phis, or at least outside of the limits of !
the Federal pickets, about three miles |
square. The construction of this |
grand jury is significant The law |
contemplated that they should be Sc
lected from different counties, while |
in truth and in fact they are all from
the town of Memphis. With these
facts before me, with war raging over |
the length and breadth of the land, / |
am not prepared TO join in bills OF in
dictment against my fellow citizens of
Tennessee and arraign them for trea
son and have them tried for their
lives. They have az much right to /
their opinions as | have to mine. | /
differ with them rs to the policy of |
their acts. But who is to decide which /
10 right and who is wrong? | cannot |
them traitors. The line of |
separation between traitors and patrI-
DTS is almost invisible It depends |
upon success. Washington, Hancock
and other revolutionary fathers were
called traitors. After seven years OF |
war, they succeeded, and in all coming
lime they viii be called patriots, not
wilbstanding they rebelled against |
heir government.
Third-The presiding Judge, with
much emphasis, warns us that we are |
public functionaries, standing between