The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1866-06-03
From the n. Y. Commercial Advertiser
Habeas COrDus Case.

Habeas Corpus Case
Tu,portaut Decision Bv Supreme Court
Jude ischarqe Of d Prisoner CONNECTED
By Court Mqrtial-IHe CiUI Laos SnpTeHae
~ South Carolina.
The following important decision was
made by Chief Justice Nelson In the
case of James Egan, confined IN the
Albany Penitentisry.
The prisoner is O citizen, and by &C.
cupation a farmer, in the Lexington
District of the State of South Carolina,
some eighty years of age, and never
engaged in the military service or con-
pected with the army of the United
States, or of the so-called Confederate
States. has been arrested and tried be-
fore q Military Commission, in pursu-
ance of orders issued at headquarters
of the District of Western South Caro-
lima, Columbia, upon a charge of muir
der; convicted and sentenced for life
to the Alabama Penitentiaey.
The specification in the record of the
crime in the killing of negro boy, by
shooting him on or about the oath of
September, 1865 The trial took place
on the 10th of November, and the sen
tence pronounced on the lst of Decem-
Der following. The sentence is approved
by order of Brevet Major General A.
Ames, and also of Major General D. E.
Sickles. The only paper or evidence
before US, on the return to the writ OF
habeas corpus, is the record, or order OF
committal in the hands of General Pills
bury. the Superintendent of the Peni-
Tertiary, which contains the above
facts.
1t will be observed that this trial be-
fore the Military Commission took
| place some seven months after the ter
mination of hostilities and the surren-
der of the rebel army to the authorities
of the United States; and further, that
/ the offence is one which, according TO
our constitutional system of govern
ment, is cognizable by the judicial au-
| thorities 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 Congress assembled,
as these are limited to the government
of the land or naval forces of the
United States, and the militia when IN
actual service in time Of war or public
danger.
The trial must have been had under
what is known and denominated mar
tial law" and the question in the case
is whether or not the conviction and
punishment can be upheld by reason
of that authority.
Martial law is regulated by no known
or established system or code OF laws,
as it is over and above all of them
The commander is the legislator,
Judge and executioner. His order to
the Provost Marshal is the beginning
and the end of the trial and condem'
nation of the accused.
This being the nature and exLraor-
binary character Of martial law, which
as observed by Sir Matthew Hale, is
not law, but something INDUCED rather
than allowed as law, all the authorities
agree that it can be even INDUCED only
in case of necessity; and when the ne
cessity ceases, martial law ceases.
This necessity must be shown affirm
atiVely by the party assuming to exer
else this extraordinary and irregular
power over the lives, liberty and pro
perty of the citizen, whenever called IL
question.
Applying these principles to the case
in hand, we think the record fails tc
show any power on the part of the mil
itary officer over the alleged crime sta
ted therein, or jurisdiction of the Mill
tary Commission appointed by him tC
try tho sccused No necessity for the
exercise of this anomalous power |!
shown. For aught that appears, the
civil local courts of the State of South
Carolina were in the full exercise o
their judicial functions at the time o
this trial, as restored by the suppression
? of the rebellion; some seven months
f previously, and by the revival of the
, laws and reorganization of the State
Government in obedience to, and II
conformity with, its constitutional du
, ties to the Federal Union.
, Indeed, long previous to this pre-
visional Governor had been appointed
bv the President, who is Commander
in-Chief of the Army and Navy OF the
United States, land whose will undel
martial law constituted the only rule o
action,) for the special purpose o
changing the existing state OF thing
and restoring civil government over tn
neople. In pursuance of this appoint
ment a new Constitution had beer
/ formed. q Governor and Legislature
;. elected under it; and the State IN tn,
full enjoyment, or entitled to the tul
endowment, of all her constitutions
rights and privileges
The Constitution and laws OF tn
Union were thereby acknowledged AM
;, obeyed, and were as authoritative ant
n binding over the people Of the State a
r in any other portion OF the country
y Indeed, the moment the rebellion wa
suppressed, and the Government gro"
e ing out subverted, the ancient posses
IS sion. authority ard laws resumed thel
:. accustomed sway, subject only to tn
T, new reorganization or the appointment
of the proper officers to give to ther
operation and effect
This reorganization and appointment
/ of the public functionaries which wa
, under the superintendence and dIre'
l ton of the President as Commander
in-Chief of the Army and Navy OF tn
country, who, as such, hsd prevlousi
r governed the people of the Stat, fror
/ imperative necessity by force OF mai
If tiai law, had already taken place, an
E. the necessity no longer existed.
a. We have not deemed it necessary,
proper, to look into the merits OF th
It offence charged against the prisone
p although it is insisted that 1t occurre
s. in selfdefence. and in resisting vi
g lent assault upon himself
Il Let the prisoner be discharged.
d