The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-10-16
WASHINGTON.
CUSTOMS RECEIPTS,


WASHINGTON, Oct. 15.--The receipts from
customs from Oct. LIST to Oct 9th, inclusive,
were as follows: Boston, S343 ,934 IS: New
York, S3,432 317.45; Philadelphia, 1926, 476 81;
Baltimore, $207 ,511. 80; San Francisco, from
Sept. 20 to Oct 2, $3.50, 466. "a: total $4,679-
90671. ...
THE yERGER cAsE-ARGuMENr OF ATTORNEY
GEN. HoAR.
In the Supreme Court to-day, the argument
on the Yerger case was commenced by Attor-
ney Gen. Hoar. He argues at length that to
bring case within the appellate jurisdiction of
this Court in the sense requisite to enable it
to award the writ of habeas corpus under the
judiciary act, it was necessary that the ccm-
mittment should appear to have been by a tri-
bunal whose decisions are subject to revisions
by this Court The Court has never granted
this writ when the prisoner was not at the
time petitioner for it, in confinement under
An order of Court whose proceedings can be
revised by the Supreme Court. This Court
cannot exercise any appellate control by the
appeal of a writ of error, or any other proceed
ings over military commissions, by virtue of
whose sentence the prisoner is imprisoned.
Nor has this Court the power in any form, or
by any procedure to revise the proceedings of
that commission in the case of the petitioner.
The addressing of a W it of error of habeas
corpus to the military commission in Mississip-
pi would be an exercise of original, and not
appellate jurisdiction. The military command
err holds the petitioner not under any order or
decree Of the Circuit Court, but by military au-
thority, and could discharge the prisoner at
his pleasure, notwithstanding the action of the
Circuit Court. The habeas corpus issued with
the certiorari as AN adjunct Of the appellate
power is only permitted where the custody of
the prisoner IS an essential part of the judg
ment or decree, from which the appeal is taken
The repeal by CONGRESS of so much of the act
OF February 8, 1867, as granted appellant power
to tuis Court in cases of this nature, was in.
tended or should be construed as taking away,
not the whole appellate power in cases of habeas
corpus. but the appellate power in cases to
which that act applied Finally, the act of
1867, providing for military government in
Mississippi, necessarily suspended the writ of
habeas corpus in that state, which it was with
in the clear Constitution, all authority of Con-
gress to do.
In reply, Mr.. Carlisle said that, as citizen,
he confessed there was no means of determin-
ing what Congress might have intended to do,
but it was certainly difficult to tell when Con-
gress had come into Court, seized upon the
cause, and subjudiced and strangled it. That
might not have been the intention, but, as a
lawyer, it was easy to say what had been done
by applying the ordinary rules of interpreta-
ton, and by such means i will be found that
Congress, by tie act of 1868, repeated ouly the
statute 1857, which had given special juris-
diction in addition to the jurisdiction before
existing. The fourteenth section of the iu-
dietary act was unaffected by repeating the
act of 1868, and it was under the provisions of
that section that this proceeding was institute
ed and not under the act of 1867 as contended
by the Attorney General ia, -
He had heard no argument which had in the
Leaf shown that the Court was without iuris-
diction under the judiciary act, and he would
be inexcusable in long OBTAINING the Court,
insisting upon the jurisdiction which it had re-
iterated and re-affirmed time and time again.
The excitement at first caused by this pro-
ceeding seems to have greatly subsidized. But
few spectators have sat out the arguments of
to-day. Upon the conclusion fthe argument
the Court adjourned until Monday.
VISIT OF THE PRESIDENT TO ANTIETAM
The President and party left for Frederick
this afternoon and visited South Mountain and
Antietam battlefelds. At Middletown large
crowd surrounded the carriages and greeted
the President and Gen. Sherman with cheers.
They had an equally enthusiastic reception at
Boons0oro and Keedysvile The party arrived
crowd of the residents of the vicinity were
there, and Judge Weisell of Hagerstown re-
ceived the President in a brief address. The
President returned his thanks and said he had
been highly gratiied with his visit to Western
Maryland, but as they had to take the cars at
3 l 2 o'clock they would not have time to visit
Hagerstown. Gen. Sherman, Secretary Cox
and Postmaster General Cresswell were then
severally introduced to the crowd. Cheers
were given for the President and Gen. Sher-
man. After survey of the grounds the party
re entered their carriages, on their return to
Keedysville, when cheers spontaneously were
given for the President, Gen. Sherman and
Secretary Cox. A special train was in wait
ing at Keedysyille, several miles from the GEM
etery, which brought the party to Washington,
where they arrived at o'clock tonight. The
people of Frederick and elsewhere in Eastern
Maryland profuse,Y extHnaed their hosptali-
ties and tho PARTY expire IS their pleasure at
th-fr reception.