The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1866-01-07

acts Of secession carried the Southern
States out of the Union, aud that We
have conquered them as enemy coun-
tries, and hold and must govern them
IS subjugated territories until Congress
shall admit them Ss States
This shows the Executive aud Leeis.
latiye branches are radically opposed
IN opinion Where stands the Judi
eiai branch on this question: Unless
Il taclxs about with the same sudden
ness that the Radicals have done, it
will be with the President
The question Is not Of legislative
character, but is strictly political one,
involving the status OF States hereto
fore admitted into the Union by acts
Of Congress which remain unrepealed
on the statute book. The Supreme
Court has often said that all such ques-
tiOns were foe the decision of the pOht-
ical branch Of the Government; and
that the Judiciary were bound 10 re
cOgnlSe and follow its action In Bor.
den V. Luther & Howard, p. - this
point WIS expressly determined The
Question was between the old charter
CioYernment OF Rhode Island and that
set up under Dorr. President Tyler
having, by his acts, recognized the char
ter Government the Supreme Court
held that il was bolnd by it, becasue,
in relation of all such questions, and
the adoption Of constitutions, and
amendments, etc, they were bound 10
follow the President
This decision must control the whole
Federal Judiciary on the question be
fore US But the present supreme
Court is committed on this subject,
and is bound by its own sets. Il has
kept upon its docket and now has
some seventy causes on appeal and writ
of error from the secession States,
aycwedly kept there until its man
dates could be executed IN the States
they come from by officers Of acknowl-
edged authority If these States had
gone out Of the Union when their Sc
oession acts passed, then the Court
should have stricken these causes from
iis docket II the States went out Of
the Union and should be readmitted,
il would not restore the jurisdiction OF
the Court IL is unquestionably true
that the Court acted upon the belief
that the acts of secession were void,
and that the States remain in the
Union
The Supreme Court has otherwise
committed itself on this subject. At
us December Term, 1868, q Blaek's) il
allotted the Circuits under the act OF
Congress. ItaWarded under the act OF
July 10, 1852, to the Chief Justice,
Delaware, Maryland, Virginia, ana
Moth Carolina, they forming the fourth
Circuit To Judge Wayne, South Caro-
lima, Georgia, Alabama, Mississippi and
Florida, this forming the htth Circuit
To Judge Cairo, the sixth Circuit, con-
sisting Of Texas, Louisiana, Arkansas,
kentucky, and 1ennessee-whlch in
elude all the secession states.
Did the Court, when making this al
lotment believe or imagine that part
Of the Chief Justices, and most all Of
Judge CatrOns circuit, and the whole
of Judge Wayne's were out Of the Union
were conquered territories Clearly
they believed no such thing Their
acts forbid US believing any such thing
But there IS stronger evidence Of this
opinion OF the Supreme Court When
the war broke out Judge Marvin was
District Judge for the southern District
OF Florida, residing at Key West He
has since resigned, and another has
been appointed Judge. That Court has
TO this day, with its Marshal, District
Attorney and Clerk, held its regular
terms. The Government, IN 1862, in
stituted i've suits in that Court, against
vessels and their cargoes, each Of which
was appealed TO the Supreme Court,
which took jurisdiction OF, aud decided
them, four IN favor OF the Government
and one against it
IL has, IN these cases, sent down 70
the State Of Florida five Of its man
dates, taking Jurisdiction Of the parties
and ordering the court below what 10
do, and thus giving the government
four ships aud cargoes through the
Federal Judiciary in q seeded State
These cases are reported as tollows
The Brilliante, 2 Black, 6i5, opinion by
Judge Grier, the Circassian, Wallace,
1856 the Venice, Wallace, 2jo the
Bidgorra, , Wallace, 47i, and the An
dromeda, , Wallace, 4sl. Ia the four
last cases, Chief Justice Chase delivered
the opinion OF the court Can this
court now say that Florida was out Of
the Union and was 3 conquered terrific
~, and held as suoh} Ten such seusi
be and honorable men as composed
that court can never stultily themselve.
by holding that Florida was or is out oI
the Union.
There is now upon its docket a cause
brought from Louisiana, brought ther,
by writ Of error. IL stands fer hearing
al this term, and is number l69. Their,
are probably many others Tennesse,
has one or more District Judges az
pointed since the war began. Louisiana
mas one such judge appointed IL 1862 o.
1868. His court 10 IN sctive operation
So has Alabama, where Judge Bus
teed presides. In Virginia Judg,
/ Underwood appointed since that Stat,
I seeded, has been for years actively en-
gagged in enforcing conhscation an,
other laws Each Of these courts Ia
its Marshal, District Attorney an,
/ Clerk, aud ,conyenes iuriea Win th
Supreme Court 50 decide as to declar
al the sets Of these Judges, thei
Marshals, District Attorneys, Clerk
n 4 Juries, Void2
Chief Justice Chase is committed /
3 greater extent than the other men
begs Of the court As Secretary Of Ia
Treasury, he estimated for lhe salarie
Of these judges then in Office, and 70
the fees Of the Magshals, District Al
torneys and Clerks. he signed wal
wants quarterly for the Judges sali
ries, and for the others, when their a,
counts we're settled by the first Al
ditor and first Comptroller lie ais
signed warrants advancing money I
the Marshals 10 pay the expenses Z
the courts. Can he now say that Al
, these acts Of his we're null and void
We think, beyond controversy, tha
, the Federal Judiciary, and especial
; the Supreme Court, are with Preside1
Johnson 10 viii be compelled 10 ii
eide this question 81 the present tern
Nile Fargueil, Eho plays one OF IN
, ladies in "La Famille Benoiton,