Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-02-17
QUO WARRANTO CASES.

Knoxville Oh Continuing the
Cases.
In the United States Circuit Court at
Knoxville on the 18th ms, the quo war-
rantO cases coming up for consideration,
Judge Emmons made the following re-
marks:
The anomalous condition of the admin
istratiOn of Federal law in Tennessee, de-
msnds from the judges some explanation
of the reasons which compel them to
postpone, not only here, but in every dis
trict 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 it, subsequently
enter into rebellion, are prohibited from
holding office.
Having differed in opinion in reference
to all the leading questions involved in
this whole class of cases, il is now i'm
possible for Us, under the Federal laws, to
try any one Of them until those differ
ences are settled by a higher court.
1t is assumed by the action of the
Government that the court of last resort in
Tennessee, as well as most other impOr-
lanJ judicial tribunals are organized in
violation of the constitution. The hig hest
law officer of the State and numerous
officials, many hundreds in all, are equally
offenders. Considered apart from those
circumstances which many insist greatly
ameliOrate its theoretical character, the
crime imputed is of the most grave and
dangerous nature. 1t is asserted to be a
deliberate, publicly discussed and defiant
offence. That it has been committed by
the aid and concert of large bodies of
men combined in established parties,
speaking through representative agents
and formal committees, and enters into
the very organism and highest machinery
of Il sovereign State. Attention is chal-
lenged to the fact that the prohibition is
not found in al ordinary and temporary
statute, but in The great charter of the
nation. That it did not find its way
there through the misconception of
years ago rendered iuappliCable now
by succeeding and unforeseen events, but
is a recent addition to The organic law
fresh from The latest expressed will of
the people with no subsequent modifying
action 10 authorize the government agents
to omit its prompt enforcement. The
very men who amended the Constitution
and enacted the law are still in power.
Without intimsting any opinion whatever
IN reference to the argumentative use for
which these unusual facts are so earn
estly stated, we have here referred to
them to suggest only that, whatever else
nigh, he said of them, this, at least, is
true, thai few conditions can be imag
iued better calculated to create the belief
that prompt action would be taken by
public prosecutors. The character and
history of these enaCtmenCs, and the de-
lbcTati n and universally of their viola
ton, all tended to justify such an expec-
tatiOn.
The Judges of this Court, therefore,
without any prompting from mere feel
ing, would naturally anticipate such Off
cial efforts as re some relation to the
exciting legislative contests, Stale and
Natioua, which amended the Cynstitu.
ton and enacted the law to carry it into
effect. In this We were grea1y dissp-
pointed. The professional aid afforded
by Congress was grossly inadequate to
the necessary labor. Although local Dis
triCt Attorneys did all in their power,
they were wholly unable to perform the
extraordinary duties so suddenly imposed
upon them. If the learned counsel for
the defendants throughout the several
D.strics had pursued the usual courses in
criminal lras, the Federal Courts in
Tennessee, as now constituted, could not
have tried these hundreds of causes
in two years continuous sittings. Both
Judges could give but small portion
Of this time tG the duty. Al Memphis,
in the Western District, where these
questions were first presented, great prC-
ttssiO0al preparation, far beyond the or
binary measure in common cases. had
been made for defence. The over work
ed and able prosecuting attorney was I'M
able to manage, as justice demanded, tn.
mass of other public cases there, irres
psCtive of these numerous, new and diff
cult prosecutions. Had 10 different adj
iUs,ment been made, an exciting, and.
for the community, an injurious ID near
ly eX parte argument, of weeks duration.
would have ensued. These unfortunate
circumstances were aggrlvat, by the
temporary atfliction of the Circuit Judge.
who was unable tomake any exami1a-
ton of books or prepare any written
opinion whatever 10 Salty an excited
public, save by the assistance Of others.
Ills urgent aud repeated calls Tor some
professional clerical assistance adequate
to the occasion re.ulted in its denial
The Departmental Justice had no author
ity 10 accord il. The law Lad withdraw
all liberty to provide for such cxigencies.