Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1865-11-21

Upon the question rs TO whether tn
sO-ealled Confederate States was GOV
ernmedt dc facto, deem IL unnecessary
now 10 express an opinion. But IL y car
tain that the Government Of the UniIec
States never so acknowledged II, nor dlo
any other power Of which l am aware
Such acknowledgement presume
would be essential to make IL q 0e ydctc
government within the meaning Of the
law Of nations.
The onlv remaining question to be con-
sIdared Is that made upon the power OF
/ a Federal Judge 10 issue writ OF hd0eoS
/ c0rDls in this case. This Is a question Of
paramount Importance, and 50 far as the
application Is concerned, must absorb all
sthers which have preceded it. IL Is one,
however, which has been 80 definitely
and absolutely settled, that it II would
seem impossible that there could now be
any conflict Of opinion upon IT,
II must be remembered that the Dis-
triet and the Circuit Courts Of the United
States, and the Judges Of said courts, can
exercise jurisdiction in those eases only
where it IL expressly conferred upon them
bv a law of Congress. And 80 upon ap-
plicatiOn made to a District Judge, As Is
the case on this petition, 70 issue the writ
of habeas corpus, he must consult the
acts Of Congress 10 ascertain what his
power and Jurisdiction are upon that sub
jeeL
The fourteenth section Of the judiciary
Act Of seventeen hundred and eighty
nine, provides, That the Courts Of the
United States shall have power 10 ISSUE
writs Of scire facids, hd6eos corpus, and
all other writs not specially provided for
by statute, which may be necessary for /
the exercise of their respective jurisdic- /
tions and agreeable TO the principles and I
usage- Of law. And that either of /
the Justice, Of the supreme Court, /
as we'll as Judges Of the Dis /
trict Courts, shall have power to grant .
writs Of habcds corpus for the purpose Of /
an inquiry into the causeOf commitment: /
Provided, that writs Of hdbeGS corpus
shall in no case extend to prisoners in
Jail, unless where they are in custody I
under or by color of the authority Of the
United states, or are committed for trial
before some Court Of the same, or are
necessary 10 be brought Into Court 70
eSUify.N
This law is so plain that it cannot be
unprecedented, and it admits Of no
Comment
The petitioner, according 10 his own
howing, is a prisoner in jail, upon the
=
lv Indictment In the State Court, and he
: not " in custody under OF by coios Of
he authority Of the United States or
.Ommitted for trial before any court Of
he same
I have, therefore, no power or jurisdic-
ion under the law, TO grant the prayer
# the petitioner in this case, and cOnse-
Iuently the writ must be denied. See
he case er pagts D0rr, seven Howard, |
me hundred and four, er parte Cabrera, /
ne Wash. &C. two hundred and thirty
our.
The provisions Of the act of Congress
.assed in eighteen hundred and forty
wO, and which We're SO earnestly
ressed by counsel, I am satisfied have /
10 application to this case, but are appli :
able alone 10 subjects or citizens OF a l
Jreign state
It has been inJimated in the course Of !
be argument that, from the embittered
tate Of feeling, and the personal antmOs- a
les which have been engendered during
be war, there is danger that the petit :
OEerr If permitted TO remain in the Gus
)dy Of the State authorities, and be tried I
Y theE1, may be made a sacrifice 70 the =
zieItIess bitterness Of party faction. or I
1ch q result I cannot permit myself to y
ldu.ge the thought for a moment. Ny y
5nfdenCe in the upri-htHess and iuteg- .
ty Of the courts Of the country, both =
tate and Federal, utterly foFhids any 4
lch apprehension. ;,
Courts have been instituted Tor the best Il
nd wisest purposes II IS their peculiar
-Ovince to administer tie laws without
srtialitv OF prejudice, and when thus Y
-Ompted ia the discharge Of their duties, =
very man, no matter what may be his u
alton in life, can feel that his legal rights q
IN be protected. and that the laws viii =
. administered TO him in that spirit Of q
srice by which it is presumed the courts %
the country are aCtuRted. The eyes Of :,
.e law constitute the only medium :
rough which court should see-and "a
asmuCh as the law makes no distinction e.
its application amongst men, and con- !.
quenIly tOleTates no bias iu It's admin ol
tratiou it SHOULD be the highest am5i 7,
on Of Just and upright Judge b dis- Y
large tina duties incumbent upon
IA without bias and IN total
sIegard Of eXTaneous influences, come q
ON whatever source they may. This
ing the spirit which should, and doubt a
SIS does, animate the courts Ia tuelr ad-
lulsUauOu Of the laws, it would not
ily be uncourteOus, but exceedingly un- s.
coming I'm me TO indulge even 2 suspi-
OF thgt any State court would 80t be r,
.uated by it In the discharge of its ju- l.
cial functions. But il il Wsrs even r.
.ade manifest 70 me that there existed
ON any cause whatever, grounds sufii- n
eut to distrust the State tribunals. that n
stFust could add nothing % the jurisdic- n
on with which / am invested as v.
uitcd States Judge, or IN any degree r
tlarg6 taa powers which the law has n,
upon me. a.
CONEALLE r. TRIr8. -
Z. s. Distract isuzs. II
: W = ~ y