Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1871-02-15
QUO NARRANTO CASES.
Remarks of Judge Enlmons en- Continuing
Them.

RcMdTks eI JuuSe EntniOns Oh tpAtiHuIHS
Them.
The anomalous condition of the admin
istration of Federal law in Tennessee, de-
mands from the judges some explanation
of the reasons which compel them to post
pone, not only here, but in every district
in the State, the long list OF cases arising
under the late Amendment to the Consti-
tuition, 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, it is now impos-
sible for us, under the Federal laws, to try
any one of them until those differences are
settled by higher Court.
1t is assumed by the action of the Gov
eminent that the Court of last resort in
Tennessee, as well as other most impor-
tant judicial trib mails are organized in
violation of the Constitution. The highest
law officers of the State and numerous Off
Gals, many hundreds in all, are equally
offenders. Considered apart from those cir
cumstances which many citizens insist
greatly ameliorate its theoretical charac-
ter, the crime imputed is of the most grave
and dangerous nature. 1t Is asserted to be
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 Or
ganism and highest machinery of sove-
reign state. Attention is challenged to the
fact that the prohibition is not found in all
ordinary and temporary statute, but in the
great Charter of the nation. That it did not
find its way there through the miseoncep-
ton of years ago rendered inapplicable now
by succeeding and unforeseen events, but
lie recent addition to the organiclaw fresh
from the latest expressed will of the people
with no subsequent modifying action to
authorize the government agents to omit
its prompt enforcement. The very men
who amended the Constitution and enact
ed the law are 9, I'll in power. Without inti-
mating any opinion whatever in reference
to the argumentative use for which these
unusual facts are so earnestly stated, we
have here referred to them to suggest emily
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 charac-
ter and history Of these ennctments and
the elaboration and universally of their
violation all tended to justify such an ex-
pectatioR.
The Judges of this Court, therefore, with
out any prompting from mere feeling,
would naturally anticipate such official
effort as bore some relation to the exciting
legislative contests, State and National,
which amended the Constitution and en-
acted the law to carry it into effect. In
this we were greatly disappointed. The
professional aid afforded by Congress was
grossly inadequate to the necessary labor.
A M oil
in their power, they were wholly unable
to perform the extraordinary duties SO
suddenly imposed upon them. If the
learned counsel for the defendants through
out 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 continuous sittings.
Both Judges could give but small por-
ton of this time to the duty. At Mem
phis, in the Western District, where these
questions were first presented, great pro-
fessional preparation, far beyond the ordi-
nary measure in common cases, had been
made for defence. The over-worked and
able prosecuting attorney was quite una
Die to manage, as justice demanded, the
mass of other public cases there, prospect
i've of these numerous, new and difficult
prosecutions. Had no different adjust
ment been made, therefore, an exciting
and, for the community, an injurious and
nearly &c poTte argument, of weeks fura-
ton, would have ensued. These unfortu-
nate circumstances were aggravated by the
temporary affiiction 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 it's denial. The Department of
Justice had no authority to accord it, The
law had withdrawn all liberty to provide
for such exigencies.
In these circumstances it was self-evident
that if the learned counsel for. the defend
ants would consent that all the cases should
abide the decisions in few leading ones
to be certified TO the Supreme Court, an
immense waste of time, expense and iniu-
rious excitement would be saved. This
was agreed to. It was not doubted in the
least that where many hundreds of cases
all depended upon the Judgment to be rem
dered after single argument In the Su-
preme Court, that a hearing and decision
there would take precedence of all other
business. A contrary cours e never for an
instant entered the minds of either party
here. 1t was deemed certain that by such
an adjustment this whole irritating subject
would be quietly terminated in few weeks,
in a. mode at once the most kindly
and speedy. 1t would be adjudged that
no offences had been committed, or every
citizen illegally holding Office would retire
without trial. The only exception would
be where there was denial of the facts
oh rCnd I'm tho rlaldinGp