The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-11-04


uouncsd under the operation Of the steri
logic Of events, and sttestsd by the fact Q
: an unconditional surrender. The Govern
ment, with maguanimity without par
: allel, offers amnesty and pardon TO 81
great majority Of those who have di
rectly or by Implication participated il
: the rebellion" and the petitioner, as ]
shogn by his pc jtion, verified oy ri
solemn oath appended thereto, scknowl
edges that his effort 70 throw on his tdel
!, irT to he Government was g failure, and
that the Government which he and his con
fedsrates had struggled manfully TO estsb
( lish had never 10 point Of TACT been estab-
{ lished
I His counsel have failed signally 10 show
that he is embraced in the provisions Of thu
act Of 1912.
With all the choice snd skillfuliy selected
! Hsorceauz from Halleck and the modern note:
% WheatoDs International Law, aud their
selections from the prize cases, they have
failed 70 make the petitioner an alien
enemy.
There is no pure allegiance known 10 our
peculiar system Of Government, but the
citizen owes fidelity TO the Government,
which is Analogous 10 allegiance II the
Petitioner and his cOnfederates had succeed
I ~ al NnlAI-AaAAAh ~
sought to set up, the result would have
been q recognition OF fthe Confederate
States Of America" as an independent ma
tien. In that case the fidelity Of your
Honor and every other person remaining
within the territorial limits Of the newly
| organized government, would have been
| Transferred 10 the Confederate States. But
il will not be contended by any jurist or
publicist Of any ability, thst after the tail
urs Of he attempt T. establish the CoEfede
rate States as an independent government,
the relation which the citizen sustained 70
the government Of the Union, before be
took up arms, 70 resist and throw of the
/ authority over him and the obligation upon
him, has been changed, cave thai he may
be liable as an offender against the laws Of
the United States, aud which liability
might result in the abridgement Of the
| rights which be enjoyed as a citizen before
he rose in resistance to the power which
was over him.
II the Southern Confederaey, pending the
| struggle, was belligcrent power, still upon
| a fai urs 10 resist successfully the establish
ed government, all engaged IN that resis-
lance and who would have completed the
remuneration Of their fidelity to the Union
! by success, certainly occupy the same rela
ton 10 the government Is to citizenship, ss
| they did before the attempt 10 throw of
their allegiance. This position is seen to be
| incontroysrtible, when we reflect that there
is now no government TO which they owe
| fidelity, or from which they can claim pro-
| lection, save the government Of the United
States. Upon any other hypothes s they
are all denationahzed.
As 10 the position assumed by the counsel
/ for the petitioner, that the United Ststes
had recognized the Confederate Sts,es as
| belligerent power, and that its character as
such, together with the magnitude Of what
they are pleased 10 term great civil war,
| justified tue acts Of the belligerents under
the law Of nations, must say that cannot
agree 10 the proposition. From the time Of
the hasty recognition Of the COnfederates as
belligerents by England, 10 the interview
between our lamenled President and Mr..
Davis, in every note from the Secretary Of
State to foreign governments on the subject,
in every public proclamation Of the Presi- |
dent in regard to the struggle, in every res
olution and act Of the Congress Of the United |
States. there was not ODly an entire failure |
to recognize the pretended government ss q |
beIligerent, but q continued and persistent |
claim on the part Of the Secretary, the Pres |
ident and the Congress, that the persons /
engaged in resistance 10 the government |
were re bells and insurgents
1t is natural that the exchange Of prison
ers, though conceded from motives Of hu-
msnity-it is natural thst the action of for
eigu powers, the blockade Of the ports Of l
the nation, the strength Of the effort 10 dis
member the Union and the duration Of the
struggle, should be seized upon in order to
relieve those who have participated in levy
ing war against the United Sta es, from the
0dium which attaches 10 them in the posi-
ton the law has assigned them. It is natu-
raj that those engaged in the struggle should
magnify and thus make honorable as ID
struggle for nationality and Independence,
one which our government has treated and
suppressed as a rebellion and insurrection
against the government.
When the principles contained in the
leading works on the subject are applied to
the recent great rebellion, i will be ,een
that the established government dealing
with its citizens in arms sgainst it, has much
TO do IN deciding upon the character of the
struggle, more especially where the claim
and assumption Of the government has been
so signally vindicated rs it has been in the
recent rebellion.
Treason is defined in the Constitu-
ton. Congress is vested with the power
10 provide for its punishment. Congress
has enacted laws to provide for its punish
ment. Those laws have been violated by
those who actually "leyied war against the |
United states." The appenders, most of
them, are within the reach Of the process Of
the Courts.
Frowning and austere justice with ban
daged eyes, poised scales and uplifted sword
stands ready for the trial Of the violaiors OF I
the law but mercy intervenes and an am
nesty is offered TO all except q class who 5
must appear before the Executive head Of
the nation and sue for pardon. And even
that class, with few exceptions, are pardoned
with kind, fstherly and generous spirit, !
which does credit to the heart, if il does not
10 the judgement Of the President.
Every good man desires TO see the dawn / ,
Of the era Of good feeling and prosperity ,
which Ouce blessed US. livery patriot de-
i'res that cur government shall act in such
D manner as 20 make that frsternity and :
posterity lasting.
Nv own opini is that prosecutions in !
he State Courts for offences growing out of
he connection OF parties with the rebellion 2
ihou q be di-counteuanced. Bug state as v
/ legal proposition that deem too plain for s
argument that if an offence is committed '
igainst the laws of the State Of Tennessee
h7ueh the sane is committed by person {
who has been connected with the rebellion
he State tribunal has cOgniEanee thereof,
and that neither the National Courts or the
Judges thereof can interfere with the ju-
-isdiction which the State Court has as
iumed. a
/ propose now 10 show that neither the !
National Courts or the Judges thereof can 4
graut a writ Of habeas corpus where the de- 4
endant is in iail under the authority Of the | =
State save in the case where il is necessary Z
% briRg him into Court TO testify. There is \
lo class Of questions more interesting than I,
hose which involve the relative powers Of :,
he National and State Governments: be- z
'ause the decisions Of these questions BY I
he Courts bear directly upon the success Of y
,ur peculiar aud nicely balanced system. =
Every citizen is directly interested in the y
proper decision Of these questions. I,
To understand them, II is necessary 20 4
xamine the source Of and limitations upon =
he powers Of the National aud State Gov B
rnments respectively, aud 10 apply the 4
provisions in relation t0these powers and !,
limitations, and the principles deducihle =
horefrom, 20 the particular case involving y
he question. / need not, az / think on the y
lresent application, go into any thing like =
n elaboration Of these powcss, limitations, =
nd principles. ! think it is clear that I,
our honor has no power to grant the pre- =
ent application, because the power given =
D the National Courts to grant writs Of =
a5eas corpus, contain a proyiso expressly D
rohibiting them or the Judges thereof =
rom extending the writ 90 persons in jail 7
Mess where they are in custody under the
uthority Of the United States or the color >
hereof or for the purpose Of examining =
nch persons as a witness. III this position "
! correct Is viii follow, that is will nos be :,
ecessary 70 discuss the merits arising upon y
he petition in this cause including the al I,
.Ced rights Of the petitioner. Il has been !.
decided BY the judges OF the Su- =
rene Courts that the Inferior Courts Of =
he United States can exercise Jurisdiction q
! these cases only where It is conferred ~
Don them BY the Act o. Congress. ~
Vhr Ia Sec Of the judiciary Act OF 17Sq y
rovfdes that the coui Of the United States ~
al have power % issue Writs Of fcere ~
,cess. rs beas corpus. aud all other writs -
OF especially provided for by ltatute, =
hich may be necessary for the exercise Of N
leir respective jon sdictions, and agreeable N
, the principles aud ussges Of la@. Aud :,
lat either Of the Justices Of the supreme
ourt. as well as judges Of the DWtrici
urts, shall have power 10 grant wrIts Of
3 han. rnrnns far The rurpose 81 % enquiry