The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-11-03

fIF lfaNtE~ are 0WuuAiNFH III AAAAl-lu
with the fact that Col. Dick Mccain, Of tn
late rebel army, is now confined IN th
Knoxville Jail, on a charge Of the murder O
O Nh Horne, who was hanged by rebe
r5url martial, in East Tennessee, while tina
ssat1u of the State was under rebel rule
Col. McDanu being member Of the cJur
martial Mccain claims that he was pa
rolels 81 the same time that johnson, an,
that having aiken the amnesty oath. he j
not liable 20 q prosecution, IN q State, o.
anv other court: and be fg-rther claims
t.ateyru he'd he not taken advantage O
thatmug=tv, has ofitnse was against tbs
Luea States, and not against the State O
-.r.e--sn. aud further, that he acted, IN
Tie ustler. strictly IN obedience 20 order,
r hos superiors, and in accordance with
the Jaws 0f war. These pleas have been
T.rulei Jy the State courts, sni now he
ae.z babess corpus, from Judge Irigg
rhavisw 10 testing the matter before lhe
United State courts, and yesterday the az
cement ou the application commenced.
leau1licatiou for habeas corpus, Is made
ras behalf by the following attorneys:
Ia. Jordan stokes, Gen. Ramsey,
u mih, Col Guild.
Efs resisted by the following attorneys,
a.Iut-t by the Court;
Na AANAaAh. AAaiA lah'AAH anu 'faAAAN re
JuabelL
DE- following is a synopsis Of the applica-
U1 H-the writ, uUd embraces all the points
uasInIt:
F The prisoner claims that he was pa
HlI, aud that his parole shields him from
t.rosscusiOns fr acts committed during
u- war, provided he keeps It in good faith
a. He AYERS that he took the amnesty
ast1 under President Johusou's proclama
HuoI April 18Th, 1865
ID. he was not embraced in the list Of
exceptions 90 The amnesty.
#.u He claims that lac has faithfully kept
l ANN. -iy oath.
5.a lie states that he has siuca been ar
asfei. bv "a process from a court Of the
safe Of Tennessee. for the murder OF Mr..
borne in 1851
eth lie defends himself from this charge
on The ground that the said Horne was
hanged by order OF court marital Tegu-
ar.v convened. by directions from the late
r-called Coniede ate Government.
,.h. The trial of Horne lasted eight days,
which the accused had the right Of
counsel, of challenge, Of summouJng wit
lr9sts. sc.
rFIssruu0u Iu a State Court. the amnesty
tle President would be practically an
laHgl
The following are the orders under which
Be claims TO have acted:
WAS DEPkRTNENr,l
RICHMOND, Va,
sE-Yom letter Of the nth inst, has
Deem received, aud ] have the honor 10 in
sou no reply, that the course you are
Hlr-aIuE towards the traitors i'm East Ten
q q 81
apartment You will be pleased 10 observe
Do GLOWING Instructions:
D. Az such as can be identified as having
Dem engaged IN bridge burning are TO be
..Hl 71mmanly, by drum head Court Mar
Dab sHa i found guilty, executed ON the
s-7q gy hanging. Itwould bowel 10 leave
Ner b1l.es hanging in the vicinity Of the
.H-lt bridges.
AH such as have not been 80 engaged
ar Do be treated o. prisou ers of war, and
''al with au armed guard 10 Tuscaloosa,
Alabama, there % be kept imprisoned at
'ae depot selected bv the Government for
% gusrs of war whenever YOU can dis
'F@ that arms are concealed by these
Hatis you viii send out detachments,
'@Nh DOB and sieze the arms, In no case Is
EIDE I" ,be men. kuown % have been up in
arms HgalaEt tho Government, TO be Feleas-
,t w any pledge or oath Of allegiance.
'a' Nmf 'or such mra'ures is past. They
.eat p" De held as prisoners of war, ami
-,'' a aa u.l the end oi the war Such
S'1e 90 yo.untarily, take the oath OF al
'n'f, and surrender their arms, are
'e' TO o' treated with leniency.
'.ll ''-.a-t execution ct these orders is
.''- urged hy the Government.
your obi scryt,
-. j.. BENJAMIN,
Secretary Of War.
sra. Grs. ". Il. CaRnoL. Chattanooga.
tennessee.
'a smith reai me brief. in behalf Of the
per. ucPencd hy dcelar ng that this
Aa lnnrrtaut ,ase. because the principle
-...'ol, was applicable TO hundreds, and
'-ae' OF others; as the prisoner was but
many, similarly situated. If he was
g.hes would hes If he was held.
7'hH ne No. end O. prosecutions IN the
..l'ls, FOR sets committed during the
.--- ia obedience Go the orders OF supe-
no arsl guestion 60 be- decided is Was
-..a4 lgniricracy IeaIIva helHrer
10 twas. thlu 10 was cnttled
.-e gifts of % beiuEereut. and who
e,t under lts orders. could shield
nom prosecution, in his private ca
y Anything done under its authority.
public acs--the work of bellrerent
.r .aa not Of O. private citizen. ID III
.-aEercrt, It had Just as many bel
rEAts. as the United States. with
md .o The question of the Justice. or
'.ts @. iJs cay4c.
p -ae case OF SIC Hiowatha, and other
captured early m the war, by ibe
'a.ac squadron. aud brought before
a".. Ia.rs
t..e' toe ,e-callca Coufsderacy was
'selsu.-ed as belgereuL ZAP
W "hea,au's luterna, Law, page 49,
ar-..-A-N M g q he.hgerent, in war, il is not
lAal iaere should be a political
To- iae case referred O.. the
s-.., ''''1 Ac'o thc war that exists, a. the
,.-r =. ,-'' way known 30 history sind IS
srs ,.. 'o'' shfo4 both IA these courts.
I'D ~Ni'pe, ula ion beII.rrrsnt r,-bts
e.. ttan'r1 o. she so.es'1.{ 81, f.l.,,7.-,
a. | seeral gov1nmtut ma bv sll
-a She ease cf Bur,cirh
.-'.' ''r seiEu- the stcar't--. So Win Pr
M. -.ae h-fc. Judge Fie.b ~
'..va tlai the 81 cs.as ~ t,.'-Ni
.- -t RESPECTS a beI5r,-.,-, "a
49,. -e. rom lis chief, comrIel.t 'e''
t--.-.A subordinate from corIr,s.,.,-
n--...a IS lNAIt innate waHF--.
>.e lad atso arisen in View go,
a5 90 the one under courfa-sf..'.--, --..
~" -iar, ot Dick TSvI1-'. s-,-, a
- arrested by che civil agtbo-i, -. ''a =,
.-'.aia, ON o charge of mur5.- ri, y
t.a.n plead thai vhst Dc did ma. .- III, ~
.' g. The g-tg-s ot h. surs--g-. ~,
~ ~ o. Ms offences had been ,F.fsl m. --. =.
-.--ls'iy and The parole; ara .r arr,.
sa vas Ilale Do judge Abel. I'D ~ r..
,.'t Court, Tor a hsbcas corpus. vbi,l
t-.'sci, sud linn vas set al l,ls-S-
Ii. NlEg; Vas Lam ia the hands 4
-. 5,aiih That Is my understanding.
II al al5' son Ny Understanding va
.-- p vas IN The hands d he 5sisfor ~
Men. - -'e" ofesus. which was an ipstru
So. .I Tie hands Of the military con-
Ian .l s,l.ih; louan0, say for certain, bp
pressed with the belief that he va,