Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-03-17
AniOn aud 9ispatta.
SUNDAY. MARCH II. Is67.
Largest Circulation in City and State
HOW TO REACH MILITARY DC


The New York Ne,R thinks there is a
constitutional way Of reaching the military
rule bill, and points il cut thus through
the agency Of The Supreme Court
/. BY the writ of quo wavan1o.
?. BY the writ Of prohibition.
3. BY the writ Of habeas corpus.
4. By the writ of cerfi0rari.
1. The common law writ Of ga0 tgaiTanto
is in the nature Of a writ Of right for the
sovereign against persons who claim or
usurp any Office, franchise, liberty or priyi-
lege belonging to the sovereign, to inquire
by what authority they support their claim,
or order that its right may be determined
(Selwyn's Nisi Prins.
Now, as the people are the sovereign in
this country, the proceedings under this
writ can properly be had in the name Of
the people of the United States by the At
torney General against the President who
as the chief Executive, is required TO adj
minister the new law and those acting
under his authority by virtue of the act of
Congress. Proceedings can also be COM
menced in the name Of the people of any
one of the affected States by the Attorney
General Of such State against any person
who claims or attempts to usurp the now
existing State government.
ii. The writ of prohibition is issued 10
forbid or prohibit court or party, to whom
il is directed, from proceeding in a suit or
matter depending before such court, upon
the suggestion that the cognizance Of such
suit or matter does not belong to it.
The proceeding by prohibition can be
taken by any person whose right to life,
liberty, or property, is being tried or ad-
Indicated upon by any martial law pro-
ceedings gswhatever (9Term, 3S2; 2 Cowper,
427 3 East, 472.)
III. By habeas corpus, by the powers of
which any person who is restrained of his
liberty, under color of martial law, can
have his case brought before and received
by the Justices Of the Supreme Court
". The writ Of certoraFi would compel
a military tribunal to give a certified re-
cord of any Of its proceedings, in which
the life, liberty, or property Of citizen
might be imperilled, to the eSupreme Court,
in order that the whole matter can be re-
viewed and passed upon by that court.
The proceedings under the two first
mentioned writs are regulated in the
United States courts By the common law
practice, as il is used in the Court of Kings
Bench in England; and the writs are em-
powered to be issued by the United States
Judiciary law of 1889, which enacts that
I" all the before mentioned courts lin which
is included the Supreme Court of the
United States) shall have power to issue
writs Of seire facias, habeas corpus, and all
other wrts not specially pr0Uided for By statute,
which may be necessary for the exercise of
their respective Jurisdictions, and agreea-
bic to the principles and usages of law"
(Brightly's U. S. Dig, 30l, and authorities
therein cited
The threats Of the Radicals that the Su-
preme Court will be " reconstructed" in
the event Of decision that is unfavorable
TO them, should have no terrors TO those
who gil our highest Judicial stations,
whose imperative duty it is that they
should obey their oaths of Office, and shall
be true to the great charter of our liberties,
which is their only guidance"