Brownlow's Knoxville Whig, and rebel ventilator. [volume] (Knoxville, Tenn.) 1863-1866, 1865-11-29
THE KNOXVILLE WING
Knoxville, Tenn, November %, 1865.
From Nashville.
TIE NCANN CAsE-JUDGE TRIRGG DECIs-
ION-THE FACTS RECAFITULATED.
The Cincinnati Gazette.
-ITe7 T0nI-I'- y ~. NI--I'01-I' ''-o---'
NASHVILLE, Tenn. No


Corresponioucco o. The Cincinnati Gazette.
NASHVILLE Tenn. Nov. l..
autographed you briefly on Monday evening the
purport Of Judge Triggs decision in the Mccain
case The importance, however, of the matter, and
the extraordinary character Of the whole proceed
ing, require a more extended notice. Several days
time were consumed in arguments to prove the con
lederate government de faco, and to estaoilsh the
fact that beiligerents they were entitled TO All the
rights and inmunities Of beligerents IN public war
Judge Humphreys, whom you will remember as
having prosLuted his judicial position Judge Of
a Federal Court, to the base purposes OF rebellion,
made an argument which consumed the best part OF
tw" days delivery intended not for its effect
upon the Court, but to operate upon public scnti-
ment, for the purpose Of showing that loyalty anu
treason equal before the law, and equal in point
of respeCtabIty.
The public may be disposed to inquire by what
means this hoary headed traitor, who has been pub
licly inpelched the Senate Of the United States
for h- Cruss and who was dismissed from the honch
In disgrace whose name linked with Intamy,
comes into the Courts OF Jhe United States to plead
the cause Of his fellow traitur when Congress
whose power made the Courts, has expressly provI-
ded that rebel shall enter into its halls as an at
ioruey To satisfy public curiosity this point,
will say, that his Honor Connolly r Irlgg, I. \
District Judge" is holding ms courts IN utter dlsre
gard of thi. law, By admitting to his bar rebels Of
the epeEt dyc-inen who come from the oattIedelds
OF TtBe Hon. EethlL Viii TIC DitOu VI t- N.'t
trymen slain in this unuallOWed war.
! have said that the protracted argument Of this
case was not Intended for lis effect upon the Court
bat but for rs influence public continent. This
think can fairly demonstrate from the opinion de
hyered by the judge. More than this, can con
vict the Judge himself from the same document OF
having stopped from his high position to take part
in the same infamous work Take the following
passage from his published opinion. He says.
The only remaining question to be considered
j. that made upon the power Of Federal Judge to
issue the writ of hsbeas corpus in this case This Is
q question of paramount Importance, and far as
this application is concerned ObS0rbs all Others which
have preceded IT, Il IS one, h0gcreT lOhich has been
90 asiteiy and ABSOLUTELY settled that il lr5nE sean
impossible that there could Dc any conflict Of opinion
span e. Again, alter quoting the law bearing upon
the Cao ne says: "IS lac IS plain that cannot
p r.sr rUrstcndca and Il admits Of NJ comment -
Again: j have therefore no p0i-sr Or Jurisdiction
sG6Cr tic - to grant the prayer of the petitioner
in this case, and consequently the lgTit must be dc
"a l have itatIclsed portions of the language
above quoted 70 call special attention, in order to
show that Il is a question bout which there was not
snG could not be- IN the mind Ofthe Court any doubt
Then. why | would ask, was the better part Of
81 given 10 the argument Of 4 case, Of ghich the
J.dgs tHcC from the 5Cgiul5gg that kc had jfiS
i5ci.OH2 But the evidence that this proceeding was
intended, so far the Judge is concerned for It's
effect upon public sentiment, does not stop here
The gpjasO7 which be has, after three days Of labO
rious parturtion given 10 the world is throughout
its whole scope evidence Of this design. The Opin-
ION Is written out at great length, occupying about
twenty pages Of letter paper and filing two
columns of the smaes; type Of the city papers
Can any one suppose that all this display Of legal
lore was necessary TO decide question as TO iuTis
cictIon the only question before the court upon
which the Judge himself says that 1T seems impos-
sible that there should be two opinions" and upon
which ne law IS plain that it cannot be msappre-
hended and requires no comment" Certainly not.
Then for what purpose was Il intended For IN
answer let look 10 the character Of the opinion
What are the teachings Of Judge Trgg2 Be it re-
meH bered that he IS giving an opinion about case
in which be says he had 10 jurisdiction, but which
mus. necessarily be heard and determined BY she
State tribunals. But he says, after presuming that
The facts set forth IN the petition, and the charges
made against Mccain are true, that the members
Of such Court, If they acted in good faith, even
though they erred in judgment cannot be held per
sOnally responsible upon Indictment or other
proceeding, civil or criminal in a STATE Court for
the part they may have enacted in such trial
Wherefore this opinion? What can 1t accom-
plish IL the Csse in Court Certainly nothing for
JGdg- Trigg says he has power 70 touch the case
Il must then bs Intended % have it, influence else
where, upon public sentiment in the community
Let Us SIC what Will be It's effect Suppose our
State Court which tries the case should differ from
lis Honor upon this point and say that Mccain
e liable punishment we will then have the spec
ton having pronounced IL CGgaBcc the action of the
State Court illegal. Those who lock upon Judge
Trgg as a wise ezpouuder will, OF course, bepre-
judi I'd against the action Of the State tribunal
But there is smother poin, TO which l would direct
attention. Judge Trgg decides that The recent con
ttst -gik agc consequently that the parties 20
i were estgsreSts and beligeTents were equally
entitled 20 all the rights Of war, that JEFF. DAVIS
and his confederate traitors had s much right try
and execute loyal men, FOR being enemies 90 the
COnfrdersCy the national authorities had 70 try
and execute those found in resistance TO It's lawful
authority; Or, in other words the authority eIer-
csed by iEo rebel leaders just rs lawful as that
exercised by Mr. Lincoln OF General Grant. That
doctrine 50 repugnHnt 70 the loyal sentiment Of
TIC country, 80 INDUSTRIOUS in its results should ems
natG from The Federal courts, will DC q matter of
surprise 20 those who do not intimately know the
status Of that Judge but any one who will visit
his court and study the current Of events and who
will analyle the atmosphere which pcrvades it. will
not be surprised henceforth 1t aBy amount Of trca
sOnRble sentiment omanating therefrom.
There IS 3 history connected with this case not
that-McCann's friends so confidently expected the
issuance Of the writ that they had even gone 50 far
as TO apply 20 General Thomas for military force
% aid in its execution. What assurance thev NAV
nave had from Judge Trigg that the prayer of the
petitioner would be granted, only be conuctur-
ID. What influence the Generals answer that be
should consider it his duty to sustain the State au-
th0rIties may have had in determining the Judge
10 refuse the writ is also matter Of conjecture.
ALECE.