Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1871-02-18
QUO WARRANTo.
The Cases Before the United States
Circuit Court for East
Tennessee.
Remarks Of Judge Emm0ns on Con-
tinuing Them.


day morning, the quo JUdrTdHtO cases
coming up for consideration, Judge
! EmmOns made the following remarks
The anomalous condition Of the adj
ministratiOn Of Federal law in Ten
nessee, demands from the judges some
explanation of the reasons which
compel them to postpone, not only
here, but in every district in the State,
the long list of cases arising under the
late Amendment to the Constitution,
/ under which persons having taken an
oath to support il, subsequently enter
into rebellion, are prohibited from
holding Office.
Having differed in opinion in refer
| ence to all the leading questions in
| vOlved in this whole class of cases, it
is impossible for US, under the Federal
| laws, to try any one Of them until
! these differences are settled by higher
Court.
THE CASE STATED.
It is assumed by the action of the
government that the court of last re-
| sort in Tennessee, as well as other
most important judicial tribunals,
are organized in violation of the Con-
stitutiOn. The higbe3 law officer Of
the State and numerous officials,
many hundreds in all, are equally
/ offenders. Considered apart from
! those circumstances, which many citi-
! zens insist greatly ameliOrate its the
! 0retical character, the crime imputed
/ is of the most grave aud dangerous
| nature. It is asserted to be a deliber-
! ate, publicly discussed and defiant Of
! tense. That il has been committed
by the aid and concert of large bodies
Of men combined in established par
! ties, speaking through representative
l agents and formal committees, and
! enters into the very organism and
! highest machinery of a sovereign
State. Attention is challenged TO
| the fact that the prohibition is not
! found in an ordinary and temporary
statute, but in the great char
! ter of the nation. That it did not
find its way there through the mis-
conception of years ago rendered in
| applicable now by succeeding and
! Unforeseen events, but is recent adj
! ditiOn to the organic law fresh from
/ the latest expressed will of the people
| with no subsequent modifying action
/ to authorize the government agents to
omit its prompt eniOI cement. The
! very men who amended the CODstitu-
! tiOn aud enacted the law are still in
power. Without iutimating any
/ opinion Whatever in reference to the
| argumentative use for which these
unususi facts are so earnestly stated,
we have here referred TO them to sug-
! gest only that whatever else might be
/ said of them this, at least, is true,
! that few conditions can be imagined
/ better calculated to create the belief
| that prompt action would be taken
by public prosecutors. The chardC-
! ter and history of these enactments
and the deliberatiOn and universally
of their violation all tended to justify
such an expectation.
PROSECUTING ATTORNEYS MADE
QUATE TO TIE TASKS BEFORE
THEM.
The Judges of this Court, therefore,
without any prompting from mere
! feeling, would naturally anticipate
such official efforts as bore some rela-
ton to the exciting legislative con-
tests, State and National, which
amended the Constitution and enacted
the law to carry it into effect. In this
we We're greatly disappointed. The
professional aid afforded by Congress
was grossly Inadequate to the neCes-
/ sary labor. Although local District
! Attorneys did all in their power, they
were wholly unable to perform the
extraordinary duties so suddenly inn
posed upon them. IL the learned
counsel TOR the defendants throughout
| the several Districts had pursued the
usual courses in criminal trials, the
Federal Courts in Tennessee, as now
constituted, could not have tried these
hundreds Of causes in two years con-
/ tinuOus sittings. Both Judges could
give buta small portion of this time to
the duty. At Memphis, in the
Western District, where these ques-
tiOns were first presented, great
professional preparation, far be-
yOnd the ordinary measure,
in common cases, had been made for
defense. The Over-WOrked and able
Prosecuting Attorney was quite una
ble TO manage, as justice demanded,
the mass of other public cases there,
irrespective of these numerous new
and difficult prosecutions. Had no
different adjustment been made, there
fore, an exciting and, for the cOmmu-
nifty, an injurious and nearly er pUrts
argument of weeks duration would
have ensued. These unfortunate cir
cumstances were aggravated by the
temporary afiiictiOn of the Circuit
Judge, who was unable to make any
examination Of books or prepare any
written opinion whatever to satisfy an
excited public, save by the assistance
of others. His urgent and repeated
calls for some professional clerical
assistance adequate to the occasion
resulted in its denial. The Depart
ment of Justice had no authority TO
accord it.. The law had Withdrawn all
liberty to provide for such eXigencies.
HOW THE IRRITATING SUBJECT MAY
BEADJUsTED.
In these circumstances it was self
evident that if the learned counsel for
the defendants would consent that all
the cases should abide the decisions in
a few leading ones to be certified to
the Supreme Court, an immense waste /
of time, expense and injurious excite
ment would be saved. This was
agreed to. 1t was not doubted in the
least that where many hundreds of
cases all depended upon the judgments
to be rendered after a single argument
in the Supreme Court, that a hearing
and decision there would take prece- /
dence of all other business. A con- /
trary course never for an instant en-
tered the minds of either party here. /
1t was deemed certain that by such /
an adjustment this whole irritating
subject would be quietly terminated /
in a few weeks, in mode at once the !
most kindly and speedy. 1t would |
be adjudged that no Offienses had been
committed, or every citizen illegally /
holding Office would retire without |
trial. The only exception would be |
where there was a denial Of the facts /
charged in the pleadings.
IN DIFFERENCE 10 THE SUPREME
COURT TIE CASES ARE CONTINUED.
To the great disappointment of all /
Immediately concerned, such Is the
crowded state Of the business at |
Washington that they cannot, for the /
present, be heard. The Attorney and
Solicitor General were not unmindful |
of the pressing nature Of these causes, |
and moved TO advance them on the
docket Of the Supreme Court. That
high tribunal, we have full confidence, /
gave the subject all the consideration /
it deserved, and, in view Of the other
important and long delayed business
before it, deemed it inconsistent with l
duty to interfere with what had been /
specially set for hearing, and refused I
the motion, The Judges Of this Court 4
influenced by those feelings, always /
connecting themselves with what We (
are personally concerned, may expert I
ence much disappointment or even 4
modification that our plan for 90