Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-06-08
Aaina and Smeriean.
HABEAs CORPUS
Important Decision by Judge Nelson Of
the United States supreme Court.

Important Decision by Judge Nelson Of
the United States Supreme Court.
In the matter of John Egan, prisoner in
the Albany Penitentiary-Habeas Corpus
Amasa j. Parker, for the Petitioner; VIM.
A. Dart District Attorney, for the Govern
ment
Nelson, c. 1.-The petition and return 10
the writ of hdbods corpus issued in this case,
presents the following facts:
The prisoner is a citizen, and by occupa-
ton farmer, in the Lexington District Of
the State of South Carolina, some eighty
years Of age, and never engaged in the mil
itary service or connected with the army Of
the United States, or of the sO-called Con
federate States has been arrested and tried
before military commission, in pursuance
oforders issued at headquarters of the Dis
trict Of Western South Carolina, Columbia,
upon a charge of murder, convicted and
sentenced for life 10 the Albany Penitenti-
airy.
The specification in the record OF the
crime is the killing ola negro boy, by shoot
ing him on or about the oath September,
1865. The trial took place on the Goth No
vember, and the sentence pronounced on the
LIST of December following. The sentence
General A. Ames, and also Of Major General
ID. E. Sickles. The only paper or evidence
before us, on the return 10 the writ Of habeas
corpus, is the record of order of comnrittal
in the hands OF General PitsbEry, the SUI
perintendent of the Penitentiary, which con-
tains .he above facts.
Ii will be observed that the trial before
the military commission took place some
l. IL Of
Utilities, and the surrender of the rebel army
TO the authorities Of the United States; and
further, that the offense is one which, accoT-
ding % our constitutional system of govern
ment, Is cognizabls by the judicial author
titles Of the State, and not of the Federal
government And, also, that the trial was
not under the rules and articles of war as
established by the United States, in Con
gress assembled, as these are limited to the
government of the land or naval forces Of
the United States and of the MALTA when
in actual service in time of war or public
danger
The trial must have been had under what
is known and denOminated martial law"
and the question in the case is whether or
not this conviction and punishment can be
upheld by reason Of that authority.
The opinion Of the Judge then proceeded
10 reciter the law and the authorities touch
ing the matter, and concluded as follows:
Applying these principles to the case in
hand, we think the record fails to show any
power on the part ofthe military officer over
the alleged crime therein stated, or jurisdic-
ton Of the military commission appointed
by him 20 try the accused. No necessity for
the exercise of this anomalous power is
shown. For aught that appears, the civil
local courts Of the State Of South Carolina
were in the full exercise Of their judicial
functions at the time Of this trial, as restored
by the suppression of the rebellion, some
seven months previously, and by the revival
OF the laws add reorganization of the State
government in obedience TO, and in confor-
nifty with, its constitutional duties 10 the
Federal Union.
Indeed, long previous to this, n provis-
iOnal governor had been appointed by the
President, who is Commander-in-Chicf Of
the Army and Navy Of the United Statest
and whose will under martial law consttu-
ted the only rule of action; for the special
purpose of changing the existing state Of
things and restoring civil government over
the people. In pursuance of this appoint
ment new constitution had been formed, n
Governor and a Legislature elected under it,
and the State in the full enjoyment or enti-
tied 10 the full enjoyment of all her consti-
tutional rights and privileges.
The Constitution and laws of the Union
were thereby acknowledged and obeyed, and
here as authoritative and binding over the
people Of the State AS in any other portion
of the country. Indeed, the moment the re
bellion was suppressed, and the government
growing out subverted, the ancient posses
ion, authority and laws resumed their ac-
customed tway, subject only to the new re
organization or the appointment Of the
proper officers TO give TO them operation and
effect.
This reorganization and appointment of
the public functionaries which was under
the superintendent and direction Of the
President, as Commander-in Chief of the
Army and Navy Of the country, who, as
such, had previously governed the people Of
the State from imperative necessity by
force of martial law, had already taken place
and the necessity no longer existed.
We have not deemed it necessary, if
proper, TO look into the merits, of the onense
charged against the prisoner, although it is
insisted that il occurred in self-defense and
in resisting violent assault upon himself.
Let the prisoner be discharged.