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


The case Of Col. Dick Mccain came W
aEain this morning in the United State
JOurt, Judge Tugg presiding.
ARGUMENT OF hon. HORACE HARRISON.
After stating that his appearance in this
-lse Was not Official, but at the request Of
The Court, be said;
Nav 4 please your Honor:
I had not intended, in presenting to the
Court my views upon the questions which
a-s involved in this question, 70 make any
,rtendsd remarks. lam inclined, however,
40 notice, before I close, the positions which
he counsel for the petitioner have taken in
the opening Of the argument by Mr. Smith
and IN the succeeding one by Judge Guild.
AL observe that several reporters are pres
.rt. deem il proper TO say that l do OF
.arsas ~ this case a. the sttorney Of the
Tafed States. The Government IS ia no
Use party 10 this proceeding, and / am
imply complying with a request made by
glr Honor that ! present the views I en-
..-,slu as to the power Of the Court to grant
DE writ Of Aa5sas corpus upon the pending
APPLICATION.
AM rather astonished that 30 able law
7-rss Judge Guild should insist that this
.slrt has original jurisdiction in this ap-
piaaton Re proceeds upon the ides that,
sine Supreme Court Of the United States,
aa8a The authority Of Mr.. Webster, in the
E.Leld case, had appellate jurisdiction in
usi case, which be insists is analogous 10
us tbs; your Honor has original jurisdic-
l5l upon this app ication. He comments
ug1heNc Leod case and the act Of Congress
aIsil and insists that upon that authority
T1l- Honor is author lied 20 grant the writ
=. H.Hsa 20
.nlsr.ty in the cases, because, n the one
6sss, toe accused IVES the subject Of for
s.u power, and in the present case the
q5itOuer is not ON alien.
Sec Of Art. 4, Of the Constitution of
ts United States, defines so clearly the
Units Of the jurisdiction Of the Supreme
Curt both original and appellate, and the
H0l l642 Is so explicit in its serms aud so
ambiguous that ] viii quote them in full,
rt compile e answer TO Judge Guilds srgu-
l,ui thereon:
The judicial power shall extend 10 all
a, IN law and equity arising under this
lsttution. The laws Of The United
ysies, aud treaties made, or which shall be
aide under this authority; 10 ell cases
lascting ambassador, other public minis
'ss and consuls; 10 all cases Of admiralty
sli marstime Jurisdiction TO con roversies
asiween two or more States between citi-
-sls of different Ststes between citizens of
as same State claiming land under grants
q herent States, and between q State, or
Be satizens thereof, aud foreign Sta es, citi-
ms or subjects.
IN an cases affecting ambassadors. other
lCblie ministers. and consuls, and those IN
sh'ch a STATE is q party. the Supreme Court
cali haze originsl jurisdiction. In an the
der cases above mentioned, the Supreme
court shall have appellate jurisdiction, both
s. 20 law and fact, with such exceptions end
aais- such rejections as the Congress shall
lase.
The set Of 1912 provides that "either Of
ts justices ct the Supreme Court o. the
United States, or Judge Of any district of the
ilied States ina which a prisoner is con
tlei. u addition TO the authority already
..zieHel By law shall have power to grant
oeuri Of habCas corpus in all eases Of any
person or persons, in jail or confinement
rasrs be, she or they, being citizensor sub /
.cs q. q foreign state, and domiciled there
"a, shall be committed or confined, or in
custody under or BY any authority or law or |
F11ss- founded thereon Of the United |
s'aiei OF Of any Of them Of the United |
States, or Vi any one Of them, for or on &C
count Of any act done or omitted under any |
'4esea right, title, authority, privilege pro |
'e'i0a o. exemption, set up or claimed I'M |
eei We commission or order or sanction Of |
aal ia'eEn State or sovereignty, the valid
.e whereof depend upon the law Of nations /
" 4lae' color Thereof" II Mccain, the /
~. 'a'r, was foreigner, his case would |
~. s,'-e'a'ei In the Provisions Of the act Of /
-, ~ tae provisions Of the 4th Article
-l "a et'ion Of the Constitution could cer-
Nif nave DO bearing 81 all material to the 4
5I involved in the present application.
ie vas q controversy between the
-.e d Tennessee and a citizen or subject
l'ie'gn State the Supreme Court would /
-''e ~ Pellais jurisdiction, and the inferior
E-.s Of Tie United States established by |
Ateas' would, if the case contained the
-. essentials Necessary 20 give the infe-
,e-lt' lurlsdi ton, have original juris-
@.lan thereof
-s peluoner cannot be said 10 be & citi-
SUBJECT Of fareign State OF Govern
-, That assumption. however. is con-
nv. .A TIE argument Of his counsel.
vas an officer in the so-cailed Con-
--7 Government. He had taken up
1,siusi The Government to which he /
- aleiity. He, with others setting with
lid sought 90 throw OF the 20 ser over
ala % break the chain that linked |
= VA, power. but the strong power he
- held the chain with a firm crssp.
- sarrenderinE for q moment the claim
ms fidelity. HIS confederate. organ
- government, aud claimed 10 be not
oslGEerent power, but even more
tat facio gevernmenL They claimed
ne sovernmeat set up BY them was a
Hanent dcJur5. England. with a ssih
10y, and even avidity, aclnowledred
faiaoler and his confederates a. bsl-
D. = ]
fauple. although, let il rot be forgot
-, eaaer the continued protest Of our Gov
-e1t The petitioner, and those actin
~ Nth him, organised = powerful army
~ lAAueuged and dehed the National I
~. 2ment Tor four years. The United
n -. esaal 70 the great emergency, began
~ 'N'tn ne power Of the nation for the
,r.i - me President In every public
W...Aat'on declared. and As Con grcss ia /
!. .es's!allon upon tho subject recited
.t f7essing the REBELLION The Coufed-
- Asa captured 59.de5 o. al 600 az fhe
Wae Aeo been called out 70 sun
-, " NV i1Asaage Oi tie At Of 1897
Thsse 900. -. -. The Government.
S5gtherr -. s.'sifVius and diving in
--s fila'es' ana 30 iuIii-.t. ~.
nis ei NE conflict. cartel H. Il l'e tlie nor
= ,l,,ue's vas effected. and ~ n y, "a, &c
''ea slooeeueo iu cxlortir, '-e 20 A. /
80 aisoh by the GovernmoTt ~ a.. i'oA
- euslled 10 belligerentrights they
~ oi NC ports 81 the United oloeA-
-1lshee ioF the purpose Of cutii5, ,,- vas
sri.es o. the oonlederates, and = ~ ~ we
means 81 sppptessing tie rebelI,,- OF
termed IN the act suthorigiry ~, ii--'.--a
All ihis Is claimed a. "a sSkrC, 80
- ~ The Government that ~ ,.-.
were heiliCereats. Tue Csrf.s---.t-
- "a net . struggling aud forp,5..t.,s /
49, aua while it existed. The reiIt.,-.-
49,, i.s sanction. sat upln the aur1.t ~
-, .ll tribunal known as a caurt r,.-,.-,'
- NE exercise OF a bellirerent ri,b.'
~ -elare1 cili-cn 90 death. But tbs,-.7
-, 7. lllmphea, and not only succeeded =,
F...tst,'ng rs suthoriJy and integrity. bBt
ehs good is persistent CLAN, r.,
-. VIC hid levied war against The Tpitej
49, were guilty Of treason, and thss. ~,
~ resisting It's authoritv uers rsb.l.
,,,.,-.tsl gents. The claims q the CsBfe.i-
sr-.. .-.1 hen Pretended government Va,
-a's' Dc taais and Dc jars vas re-