Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1865-11-21
RATES OF ADVERTTsINss.
rnE cAsE OF nIcK recANx.

The application for Il HJa Of HyLsa
tDTB1s o. take the Case Ott ef "a
Ntafs C0lvfs-Judqe Trfqg Decide
that hg has H0 JiTisdictiOa i3 %
Case
Judge Trigg delivered the followin.
opinion I'm the United States Distric
Court Monday morning:
IA Parte ,. r. Mccain.
This case comes UD on the petition o.
J. r. Mccain % the United states Dis
trict Judge for the District of Tennessee
for a writ of h15egs corpus % be directed
one N. ID. Bearien who, it j. aLedged,
illegally detaius the petitioner IN Gus
t.dv. and leUTives him Of his liberty.
The petitioner states % that he was lately
an officer ID the armies Of the so-called
Confederate states, and a. such surren-
Gerel and was regularly paroled, under
The agreements entered into by the
auIh0ru-z Of the United States, and the
commanders Of the armies Of said Con-
ta1eraey--Iat he thereafter took and
subscribed the oath prescribed in the
amnesty Proclamation OF the Presi-
dent OF the uiiet states. of MAY twenty
ninth. eighteen hundred and -iXty-ivg-
that he has fully and faithfully kept
said parole and oaJl, and is entitled to
ali the imnguilies and protection offered
aad eEteuleI by them-Jhat, in direct
and Uaiualle violation Of said parole and
pardon, he has heaH arrested and con-
fined .G iu# in Knox county, Tennessee,
60 answer for AN act before 81 state
court fully ClEIoDed and Dardoned by
the Na-0nal Government And pro-
Ceeliug % set forth the causes of his ar
j .r ID al
lion against him % be .'that he was q
member Of 3 caurr martial before which
one A. 4. Hanu was tried during the
war, at Knoxville. and who was suhse-
queualy es5Gutsd ly the military authori-
Ties OF the =0-caIleI Confederate states,
after the PROCLAMATION OF martial law;
and upon this state of acts an Indictment
was found, and j. now pending against
him in the Circuit Court OF Knox county,
for murder
He states in his petition that the said
Ham was arrafrnCd and tried at Knox
vile in the winter Of eighteen huRdred
and sixVy-2ae, by a court martial, regu-
Iarly ordered and convened by the mill
tary authorities Of Che Confederate states
then AZ war with the United States. and
then in tul, complete, and undisturoed
occuuaEev aud possession Of the whole Of
wherein the tFial occurred
Hauu. il was stated, wa~ charged as
secret, scriya public enemy Of the so
called Confederate States, and Of the
armies 70 in the occupation 0i said coun-
ny. being that division of the slate
known a. East Tennessee, with having
committed an act contrary 10 the laws Of
War. He was charged, as u = stated m
thepe petition, with eoHspiring and attempt
inE with Others, secre-Iy, clan
desluely. and u che night time
and not in connection with any organized
or recognized body Of the troops Of the
United states, 70 destroy the railroad
from Chattanooga % BrisIoi-said road
running and iFlng wholly within tue
military lines II the Confederate forces, /
and baIug used by the armies Qt the said
Confederaoy for the daily Transportation I
oT rro1us. munitions Of war, supplies, etc .
Ii was also charged HgaiHst said Haun
that he actually burned and destroyed
one ~ the bridges upon said road ana
shot and captured divers Confederate sol
digrS guarding said bridge, on the night
If the riulh of November, eighteen hun
dfed ami siEty-0ne- Tise psJlilOHeT states
that tie trial of HaUn occupied stslIe
eIghl DAYS tuEt Le was allowed counsel
Of his OWa choice 30 defend him. and
that the whole processing WIS con-
dIeted entirely i'm accordance FritH Ii4e
laws, rules hld uSages Of war.
The petition then AYERS ''that holding
OF hiIn, under these circumstances, 10y
state authority is @ direct negatiJu, aud
setting aside OF the amnesty and pardon
authorized by the General Government
% induce all persons 10 lay down arms,
f8 return % their loyalty, and ~ restore
tite authority OF the DHited States.N
Upon the foregoing state Of fHctS, the
uetit .Uuar prars that the writ Of hu5svs
-1-gps may issue, % the end that Justice
may be done him IN the premises, and
thar lac b. released from lbs alleged He
gal confinement OF course upon this ap-
pIication the statement Of facts appeariug
on the face af the petition, which il duly
verified by the oath of the petitioner, h %
he taken and considered "a true, and up
on the facts so stated must this applica-
ti0n he determined.
Tt s. apparent, from the facts stated I'm
the petition, that the first question pre-
-ent6d for consideration j. whether the
uatitioueg j. NegrDJ detained i'm Gus
iodv This question has been So ably,
zeal0Usly and elaboraUely argued that ]
0ael constrained 10 express an opinion
upoa &C. ft Is insisted. on behalf Of the
t.etilioHsr. llat the lste rebellion against
ihe authority Of the Government 0f the
United States was IN fact civil war, and
that the persons engaged in IL were bel
fiaerents, ard as such entitled to all the
rights appCrtainiHg Do llE laws Of war
And. ilasmuGA as the petitioner
As a member Of the court martial
regularly convened, 10y order of
suEerioFs, j. conformity to the laws
end usages Of var, ana 4s sch memoerr
in the regular discharge Of Ris duty, SON
curred IN the fading which resulted IN
the death OF Haun, it . argued llat ne
fz no more criminal and no more rUsIi9ll-
sible 10 The act than would Be the Juoge
,,f = civil conn 40 in the discharge q
his duty, might pronounce - lar 7ll
tence against q party found guilty ~ the
verdict OF jiry. And consequently il
Is insisted that the petitioner cannot De
held pcrsonally responsible for his com
piieitv in the action Of the court martial
and that he cannot therefore be held
amenabla % the laws OF the state oi
Tennessee upon Ells indictment penang
against him for murder ~ The circuit
Court Of Knox county.
IN must be conceded, think, that if
The rc5elli0n. as il has been almost uni
f.rrty eanou1.natei by the authorities Of
rfs United states. became. and was IN
fact a civil war. iE t.la gust s.siise ~ tnat
Germ. and being such waf, flaL me
parties o. both sides were bound 70 oo-
sFrra tle common Jaws Of war; and II
cauff martial, organized - ne one III
question j. stated 10 have peen, be Ia COZ
igmity t1 the laws and usages o. war
rll tIe trial " persons circumstance As
Lll position -Iatas that Hauu was then /
am unable % perceive nov The eonelu-
D. ...H @ j. H.HHHH e O. d o.
be- escaped But ID Is 10 be remembered
ulr. il order 10 have this effect, the
onlrt must De rsgIlarlF convened by
c'lef ai ta0 proper authority, and other
81 iz. conducted in conformity 70 the law
ana l-a-.s lI war. For 81 not so ordered
hIa conducted i4G taking OF human life
- tle judgment VI sucL O tribunal could
not be lusuar,i
Then we come 20 the questi0n-was the
late reoellloL .nlt- inception sud progress
mere rli-till1Ar 1z did il pass beyond
LlO.s DouLl@l j. Z ..aH ordinarily limit
e rebellt 1il2 a-.-ln the pEge0EtiG2s Of
o. eltn h@fl a4u "s s'A>e4uenCe puUtle
the Uarliss sEgggsQ iu il 10 aII tie rigbts
of beiligerehtsg
"a Girl Uar," says Mr. Nattel HBs
when a pa, y arises IN a state which no
f,u0er obevs the sovereign, and !. SUI
fici6utIy strong 10 maE5 bead against
him, or when, in q republic, the EsIi1.. IS
divided into two opposite factions. and
both sides take up arms. Usage applies
The term civil war 10 every war beJs cen
members Of the same political society.
III IL is between a pat of the citizens
on one side, and the sovereign and
those who obey him on the other, II
is sufficient that the usisoutents have
some reason 10 take up arms, ia ordel
that the disturbance should be ci,ii5e
ofeR lsar, and not rebellion. The Prince
never fails 10 can ye5els an his subjects
who openly resist him; tut yhen the
latter become sufficiently strong b. make
+ qad against hinl-to compel him &c
esr,v on war regularly sgaiHst them-he
.,5usf I,. contented with the terra eipa
.~Gg Ciyg mr. breaks the bonds Of so
eiety and the government; it gives rise
iu nation 10 two iEdeponEent parties,
gho acknowledge no cQmal0H iAdge.
The common laws Of war are Ia cigil
vars to be Observed on both sides. The
same reasons which make them obliga-
tory between foreign States, rendsF them
more necessary 10 the unhappy eireum-
stances where two ezBsperated parties
aresdestroying their common country"
To any one at al familiar with the in
cidents OF the last four years, If upon