Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-02-24
Largest Circulation in City and State.

Largest Circulation In City and State
ARE THE SOUTHERN STATES IN OR
OUT OF THE UNION-A JUDICIAL
PRESENTATION OF THE ores
TION.
The following case was presented m
the supreme Court of New York, on the
10th, before Judge Leonard. ltpresented
the question as to the relationship Of
Virginia to the Union, in a light which
will require a Judicial decision The
question is whether Virginia is a State or
not The issue as to what may or may not
be the law of Virginia cannotbe investi.
gated in a case Of this sort, and Judge
Leonard ought to know it. The argu-
ments Of the defendants lawyers will
serve to show how far the respectable bar
of New York are lending their abilities
to make the courts of Justice mere party
machines
The case Of the steamship Washington
Irving was called up this afternoon before
Judge Leonard for adjudication. The
points involved affect the status Of Virginia
a. a part Of the Union. In July lastCapt
Olney, Of the steamer Washington Irving,
rescued his vessel from the hands Of officers
of Virginia who had her in charge, and
proceeded 10 this State where, a short
time since, Governor Fenton issued a writ
Of hoJoas corpus and the writ was made re-
tumable this morning before Judge leon
ard At one o'clock the argument IN the
case commenced.
Ex-Judge Dean, Ia behalf Of Captain
Olney, said he was willing to go alone, but
he would prefer that the District Attorney
should be present The points involved
were Of an important character. He was
ready to argue the question, and he would
insist that there was no power in the Gov
eruor Of Virginia 10 hold the defendant
The courts, he maintained, should abide
by the action Of Congress intbe matter, and
Congress had not admitted Virginia into
the Union. There was no pretense that the
defendant had committed any crime, ex-
cept that he had disobeyed certain laws Of
Virginia, and he would ask, that at the
close Of the argument the court would rem
der q decision, in writing, for the same
NfbillAH ~ ~ EHtlllfA AllAsl ANllAt u ~
hundred instances.
The defendant left Virginia; lac rescued
his vessel fcom men who had seized it, he
wanted 10 leave a State where he would be
tried by men who had imbued their hands
in the blood Of Union soldiers. Counsel
would ask if there was any one there on
the part Of the prosecution who would adj
vocate the right Of sending back the de
fendant 10 Norfolk, the Gehenna of the re-
bellion Ifso, he wanted 10 answer him.
Mr. Blunt, for the District Attorney, re-
piled that the question should be decided
on other than political grounds lie held
that the Governor Of this State had a right
10 give up the defendant to Virginia by
the Law Of eKtradition.
Judge Dean said the matter was alto
gether Outside the jurisdiction Of the court (;
for Congress had decided the point in
volved ANY one, from Governor Fenton
down 60 any officer of the State, who would |
send down Olney 10 be tried in Virginia,
would send him 10 a place where he could |
not get a fair trial, and il would be better |
for Olney that milestone was placed |
around his neck and lac was cast into the |
sea than be forcibly taken back to Nir- |
ginia 10 be tried. What Justice would a |
Yankee get there
Judge Leonard--You are speaking of |
the preiudices which may be introduced ia |
the case. II has not appeared before me
whether Mr. Olney il a Yankee cor not.
These considerations cannot be entered into
by lhe court
Judge Dean-Mr Olney has committed
no crime, and hence lac is unlawlully held.