Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-06-06
II conclndes as Follows
The Subverslon of Law by the Lincoln
Government.

The evidences accumulate daily of the utter dis
regard of law by LINCOLN and his minions. AT the
outrageous butchery of unarmed men, women and
children at St. Louis two or three weeks ago by
LNCoLN's troops, Capt. EMMETT MCDONALD, a citi-
zen of Missouri, was arrested and held on charge
of treason. writ of hdbeaS corpus was issued by
Judge TREAT, of the United States District Court
and served on Gen. HARVEY requiring him to pro-
| duce Capt MCDONALD. Getting wind of this con-
templated action, Capt. MCDONALD was sent off to
Illinois before the writ served, and Gen. HAIR
NEY answered that he was not under his jursdic-
ton. The affair has now taken another turn. The
St. Louis Republican of the 4th says:
We hear from Illinois that application was made
to Judge Treat of the United States District Court
of Illinois at Springfield at early hour yesterday
morning, for a writ of habeas corpus, commanding
Col Macarthur and the Lieut. Colonel OF the ILLINOIS
Regiment stationed at Caseyville, to produce the
body of Captain Emme t Mcdonald, in their power
and CONTROL before the said Judge at Springfield
The writ was served yesterday on both these ON
GERS about half-past p NJ. and both Of them refused
TO obey alleging that they had no instructions from
Major Gene raj McClells to deliver up the prisoner
In the afternoon there great qualification eX-
pressed by the people Caseyvlle at the prospect
of the release of McDOn add in which some OF the
volunteers indulged-as he was observed to leave
the camp with some of his friends in the direction
of st. Louis. But the Tnystery was explained when
it was found that he was placed, prisoner, on
board the City of Louisi ana, Government steamer
lying East st. Louis, and bound for Birds Point
at the mouth of the OHIO There Capt. Mcdonald
will be detained prisoner until something turns
up, the Federal Cove rnment ge Is tired OF trying
to evade the process of the Courts.
This is high-hand4d. step, equalled only by that
of Gen CADwALI.ADER in refusin to hey similar
writ issued by Jadge fancy Commenting on the
I and min
IONS the St. Louis Republican, strong, earnest
Tn -on paper, says:
The decision of Judge Treat, upon the question
of the sufhciency of the return of Gen. Harvey tC
the writ of habeos cOrpS ISSUED TO HIM by the Unit
ed States District COurtla the case of Capt Emmett
Mcdonald, has been published in full IN our col
umns On the subjects which it embraces, the de
cison is comprehensive and exhaustive, being fort
fled, moreover, with numerous author tiles and
precedents. We do not feel called upon 10 recapit
uate the points ably set forth in this document
but are induced 10 refer TO the matter in view OF
the efforts male in some quarters 10 bring contempt
upon the judiciary of our country. This arm OF
power is now the last hope OF law-Oving people in
these times OF usurpatiOn and oppression; and the
least indication of a Willingness to paralyze It's
functions should be looked upon with apprehension
and salarm by every friend of cOnst Itutonal lib
erty.
IL was with surprise and Indignation that we
Yesterday reAtl in a newspaper of this city 1.-THE St
Louis Democrat which derives Importance from
being the orgs and representative of perhaps one
third or more of the population Of St Louis, the
following lanl ;uage in relation to Capt Mcdonald
case:
General yon is now to be dragged into the bu-
siness. Els nswer will be read this morning. We
imagine he ill very briefly and properly tell the
Court and lawyers to go about their business, and
let him alone. Judge Treat here, and Chief Justice
fancy in Bal Iimore have not only rendered them
selves ridicu ous but by the maddling and traitor
efforts To- thwart the efficiency OF the Govern
meLt in this its hour of peril have made themselves
amenable to the most serious prosecutions. If the
Government will follow up its suspension OF the
writ of hdb, 5aS corpus with the suspension OF two
such worth les as fancy and Treat, II will be good
radiance 70 the country"
We have here the bold declaration that the Chief
Justice of the United States whose venerable form
bows unde the weight of more than four score
years, and a United States Judge of Missouri,
against whom none has been reckless hith-
erto as to utter a word of reproach, deserve
to be hGn1ed for presuming to exercise the au-
thority vested in them by the Constitution and
laws of this Government. more Infamous
sentiment has never been promulgated by press
the suggestions of which have long been character
lied by the most devish atrocities. The subordi-
nation of the civil to the military authority Is
enough in itself to produce wonder ana concern;
but when this doctrine is coupled with an express
sion indicating wish to entirely subvert and abro-
gate the official faculties of the Courts, and hang
tie Judges it is to be stamped as unspeakably hid
eous and diaboical
1t is said IN defense of some Of the unwarTanta-
BILE usurpations of the Washington Administration,
that the acts of persons in power must not IN times
of war; be tested by the rigid rules OF the statutes
We do not subscribe to the business of this argu-
ment. On the contrary, we think the moment any
excuse is made by those whose duty it is to admin
lister the laws for disregareng their provisions that
moment authority becomes arbitrary and the spirit
of anarchy is admitted into institutions. Judge
Treat well said that "ioyaLy to lao is the first duty
of American citizenshp-the allegiance every free
man owes to liberty"