Brownlow's Knoxville Whig, and rebel ventilator. [volume] (Knoxville, Tenn.) 1863-1866, 1865-11-22
Case Of Dick McCann.


States District Court a Nashville upon the applica
tiOn Of the petition for habeas corpus. The petit
TONER was indicted II the Circuit Court Of Knox
county for murder, growing out of his connection
with the hanging Of certain men in violation of the
laws OF Tennessee, and is now imprisoned under the
authority Of the State Of Tennessee. The counsel
for the prisoner took the ground that the pretended
government under which he acted was a govern
ment dc facto and dc arc and that the prisoner
only carrying out the orders of his superiors and as
paroed prisoner, is now entitled TO his liberty
This same plea was made before the Judge for the
State at Knoxville, and bail was refused the
ground that it was not bailablc case. Hence the
application 10 the Federal Court.
The State Court alone has jurisdiction. II has
properly assumed it, and il cannot upon principle
or authority be interfered with. If the defendant
should be convicted in the State Court he may take
the to the Supreme Court of Tennessee, and if
the Supreme Court of the State shall decide against
him, writ Of error Will be taken before the Su-
preme Court of the United States But the Fed
eral Government is in no wise party to this pro-
ceeding, and has no power TO grant writ of ha5cc8
corpus in the then pending application Though
no lawyer, we state legal proposition too clear
and plain for argument, that if an cfense is COM
mitted against the laws Of the State of Tennessee
though the is committed by officer connect
ed with the rebellion the State Court alone has cog
Lizance thereof, and neither any Federal Court or
Judge thereof interfere with the jurisdiction
which the State Court has assumed. To so still
/ further, neither the Federal Court or any Judge
thereof grant writ of ha5eas cgrDlss where the
defendant is in Jail under the authority Of the State
'are in the prisoner IS ,eaated III Court lct
/ ness.
But there Is yet another fact connected with this
case not discussed by the lawyers on either side
The hanging of Fry and Hensie took place in the
early part of November, 1861, and that Of the two
/ Harmons and Haun early in December 1851, under
! the Provisional Government Of the COnfederacy.-
According 10 our recollectons in the case this pre-
tended dc facto government was not organized until
February after the unlawful execution Of these men.
| Thousands of Federal captives were starving and
dying in Southern prisons, and to mitigate the hor
rors of the patriotic suffering cartel for the ex-
change Of prisoners was effected, but after the hang
/ ing Of the Union men named From and after the
date of that cartel the Conederates claim that they
were entitled to bclligerent rights, and had gov
eminent dc tacto. If for time however, the Con-
fcdcrates had government dc tae5o and dc Tc they
renowned all such pretcnsions at the time Of their
unconditional surrender. In that surrender they
acknowledged that their government was failure,
and never had in point Of fact, been established.
At the close of this protracted argument ex-Judgc
Vest H. Humphreys came forward and asked 10 be
heard in behalf of tho application. At the last
Federal Court Humphreys held in Knoxville he
stated in his charge to the Federal Grand jury that
there conld be no treason against the United States IN
time Of a reroLptjoa! Hence he allowed secession
lists to sit on his ures rearing tie secession BADGES!
Here Is what the Union says Of his argument
AEGU MENr OF HON. w. H. HUMPHREYS.
By permission Of Judge Trigg, the case of Dick
McCann was re-opened yesterday, to allow Hon.
West Ii. Humphreys to make an argument III behalf
of the application for habeas corpus. Mr.. Hum
phreys stated that he had desired speak upon the
subject because Of its Importance and because Of the
importance Of the keeping Of good faith on the
part of the United States toward the people lately
in rebellion but who have been amnestied. He said
that his argument would be directed against State
rights-that question having been settled by the
zar.
He would not contend that the rebel government
was government de jtTC, nor even dc fdtty with
respect to the United States; but it was govern
ment Ge fucto. with respect TO Tennessee. The act
of neither Horne nor Mccain, were private acts,
but each had a public purpOse-one being directed
arainst the Confederate States and the other against
he United States; and hence the State Of Tenncs-
see had nothing to 90 with the matter.
He urged that the United States had a right 10
protect It's citizens against oppression by the States
and that the amnesty covered every CT me Of which
Mccain was guilty, and hence he ought 10 be dis
charged.
On Monday, 18th inst the Judge delivered "a long
and labored opinion, dismissng, and admitting that
be had no jurisdiction in the ease. But he announc-
ed the monstrous doctrine that the court maras Of
JEFF Davis had as mach right TO hang men Is Che
court martials Of the United States Government. II
The nation Is prepared 10 accept this doctrine, the
Judges and Jurors Of East Teunossc are not In the
opinion Of the Judge, one government was about as
LeqaL and as respectable the other This doctrine
will shock the moral sense Of the country and the
more 50 as it comes from Jadge gf tt' JsitoR
States Court Tho decision of the Court Is that
Haun and the Harmons were enemies Of the rebel
government, and in;ertercI with their sebjuga;ion
of East Tennessee and therefore the rebel court mar
tiaI had right 10 hang them Mous.Tous, The
following brief extract from copinion of the Judge
gives Lis. views on this point.
am ut a loss to perceive how amy Judge or court
whether State OF Federal. assume the response
bility Of p-Onouncing otherwise than that 1t was
cicI ,~as-that the parties engaged in It were acHg-
erefzty and as such entitled to exercise every right
accorded to them by the laws Of war. Il will, Of
course, be conceded that if it were civil war, and
the parties engaged in it were beligerents in the
sense of international law then whatever one of the
belgerents might do in conformity TO the laws and
. IF, 41S iuhY HI pfhpr