Evening star. [volume] (Washington, D.C.) 1854-1972, 1861-10-10


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TIE CASE OF BRIs GEx GRAHAM.-As stated
In our second edition Of yesterday, Brigadier
General Graham appeared before Judge Merriek,
Of the Circuit Court at noon, In obedience TO the
charges Of contempt Of court, in detaining the
minor, jeremiah Lyons, In the camp OF the
Twenty-third Pennsylvania Regiment, whose
discharge had been ordered by the court, after
hearing writ Of kabsas eorPss. District Attor.
ney Darlington and Lieut. Col. Nelson Gross, Of
the Long Island Regiment, appeared In behalf OF
The District Attorney read an sfidavit Of Gen.
Graham, In answer 20 the ruling, which set forth
that he had not Intended to defy the authority or
show any disrespect Of the court, and that he had
only obeyed the laws Of the land and the orders OF
his superior oficer.
The Court asked II he (Gsn. Graham) was IN
stncted by his superior ofcer not to surrender the
soldier.
The District Attorney said yes, he was acting in
literal obedience to the orders Of his superior
officer, and read section Of General Orders No.
-, that "No discharge of a soldier from the ser
on the ground Of minority. BY order OF Adjutant
General Thomas -
The Court said IT did not hear any directions in
that order 70 disregard the process Of civil court
and suggested that the section read be made
part Of the answer; which was done.
Lieut. Colonel Gross then addressed the Court
the notice to appear before this Court the pres
ent occasion, and answer was the first which had
been sent to him, and was promptly obeyed that
courts Of the United States have no jurisdiction
IN cases Of this kind-it being purely q military
matter, to be determined by military authority
that no jurisdiction had ever been conferred upon
any court in matter Of this kind, and such being
the case, cannot issue writ to assist its Jurls-
diction; that there was no involuntary service
rendered by the minor, jeremiah Lyons that an
inferior officer must obey his superior officer; that
both general and special orders must be obeyed
that be could not have done other than he did,
without being in danger Of being cashiered; and
that consequently Gen. Graham was not the per-
son to have been brought before this Court, Dut
rather Adjutant General Thomas, who issued the
"General Ordern under which he bad acted.
District Attorney Darlington followed, and en-
lsrged upon the points stated by Lieut. Gross, and
alluded TO military exigeucies.
Judge Merrick, in giving his decision, COM
menced by quoting from sn opinion OF the ven
cradle Judge c.aneh: given more than ATTY year.
Ike the present forciblY and eoq uently stated
BE then said that the enlistment act Of 1914 was
repealrd by the peace establishment act Of
1918 He said that his understanding OF section
Of General Orders No. g was, not that IL was
intended to make issue with the civil tribunals,
but that the War Department and the military
authorities have not the time 10 make investga-
lions and grant discharges from the service on the
ground Of minority, thus referring such cases to
the civil power.
The Judge, contin ling. read an opinion Of the
Supreme Court that a military officer cannot
plead the orders Of superiors for wrong doing
Such orders may palliate, but cannot justify.
ne bnen redQ from the gredt ddOeds corpus act Oh
Charles l., the section imposing fine Of $500
upon any person resisting the execution Of writ
Of hAbeas corpus.
AHuding 70 what the District Attorney had said
OF 'militarY necessity" the Judge with great elo-
quence alluded TO that gloomy day, the 22d of
July, when the army gathered for the defense of
the capital had been defeated and were dsorgan-
lied and demoraliZed, when the ca pital was at
the mercy Of any invader with a reasonable force,
and said that at that dark hour in eur history
when all was doubt and gloom, Congress In an
act which met with the approval Of the President,
announced that the country In that hour Of peril
relied upon the voluntary support Of loyal citi-
Eens- What q sublime spectacle Of reposei The
Judge then contrasted that time with the present,
and aid IL there was necessity then for illegal
enlistments there certainly was less now. Gen.
Graham was notified because the affidavit desig.
mated him.
His honor spoke at considerable length, and
quoted numerous authorities, to show that at all
times, and particularly In times Of war, the civil
power should be preserved and made superior 10
the military In the course of his remarks he
referred to q case which happened In Philadel.
phia on Saturday last, where q colonel was march
Ing bis regiment along the street, and was oblig
TO stop his regiment In the street. and go into the
court house TO answer to a charge Of OBTAINING a
minor In the ranks against the will Of his parents
In that case, the court vindicated It's authority,
and the minor was discharged from the reg iment.
The General had purged himself from any con-
tempt Of personal disrespect to the court but moi
OF the legal contempt, which consisted In OBJ
structing the process Of the court. He then re-
marked that while IL was due to the dignity OF
the court that this process should be enforced in
doing so be would initiate the moderation OF
Chancellor Kent in enforcing respect to a writ OF
habsaS eorpEy served on Commodore Chauncey
and Gen. Morgan Lewis during the late war. He
then stated the decision Of the court to be, that
unless Jeremiah Lyon Is produced In court to-
day, (Thursday,O at noon, an attachment for con.
tempt OF court will be issued against Gen. Gra-
ham.