Year: 1871

quite time CD eparties knew of the existence of
! such laws; but they had no suspicion that their
prpvisions were applicable TO them. In the few
remaining cases not embraced within the above
clisses the parties were aware that they might


be considered to be, technically, withiu the pro-
hi5itions but they accepted the Offices in the
honest belief that the courts OF the United
States would not construe the law as TO give it o
re'roaetige operation; Some Of these; We learn
have already retired from office rather than
seem to be standing out against the Govern
msnt A


Therefore, without expressing any opinion IS
TO the points involved in the prosecutions, we
entertain the most confident belief that in no in
stance was there any desire on the part of either
officer or voter to raise an issue with the Gov
erIment, or TO hinder the execution of its laws
On the contrary, we think it was and Is the
fixed intention Of the people of West Tennessee
to obey the constitution and the laws


IF the Supreme Court should decide in favor
of The defendants, then, Of course, the proeecu-
tions viii be dismissed. 1fthey should decide
otherwise, then. in our opinion, in all eases
where tho facts arc prdisputed, the defendants
viii immediately submit to the judgment of
the court with scarcely the form of a trial.
There would then remain only those cases
where tbs facts necessary to constitute the of
fense arc in dispute These would soon be
disposed Of And thus without noise or excite
ment, and without needless expense, the whole
question would be settled, and the law fully es-
tablished.


But there is n other view of the subject in
which your action may have the most salutary
effect. 1t is believed that many persons infu-
ential in the administration of the government
stand ready TO advocate the removol of all dis
abilities, whenever they can feel assured that
tho Sothern people will, in good faith, obey the
law. It is our opinion that this experiment can
be safely made now, and that the sooner it is
made, the more signal will be its success. But


if we are in error asto the present disposition OF
the people, we feel quite sure that when they
come to realize, as they certainly WILL how re-
gardful are the courts of the rights of the citi-
zen and howdetermined they are that. while
on the one hand the law shall be faithfully an
forced and actual crime duly punished, no in
justice on the other hand shall ever be done
to the accused, nor any innocent man know
ingly made to suffer; then we say, there will
be such general aud marked evidences of obe-
dience TO the constituted authorities, that Con-
eress need hesitate no longer to place the South
ern people on the same footing with all other
citizens of the United States.


If.the mode in which You have administered
justice and the temper with which you have
treated these delicate questions shall tend TO
hasten the passage of this general amnesty, you
will find your ample reward in the approval of
your own consciences. So utterly removed is
the faithful discharge of judicial obligations
from any association with the idea of popular
applause that we dare not violate the proprieties
of professional decorum by the unreserved ex-
preston of the high respect in which we hold
your worth and services. We content ourselves
with the more allowable privilege of citing yonr
official conduct as an argument to our people to
give their trust to the courts of justice, and to
continue in the support of the laws of the land.


nh INT