Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-10-16
Reconstruction in Mississippi, Vir
ginia and Tennessee.
The Case Of the Cuban priya.eer
hornet.

W WASHINGTON, October 1j.-In the
supreme Court to-day, the argument
in the Terger case was commenced by
Attorney General Hoar. He argued
at length that to bring case within
the appellate jurisdiction of this Court,
in the sense requisite to enable it to
award a writ OF habeas corpus under
the judiciary act, it IS necessary that
a commitment should appear to have
been issued By tribunal whose de-
cisions are subject to. o revision by
this Court. This Court has never
granted this writ when the prisoner
was not at the time he petitioned
for it in confinement under an or
der af q e0uIt whose proceed
ings can be revised by a superior
court. This Court cannot exercise any
appellate contract by appealing to a
writ of error or any other proceedings
Ontside Of its appellate Jurisdiction.
The military commander holds the
petitioner, not under any order or de-
1ree of the Circuit Court, but by the
military authorities, and could dis
charge the prisoner ut his pleasure,
Notwithstanding the action of the Cir
cult Court. The habeas corpus issued
with the certiOEarl as an adjunct of
the appellate power, is only permitted
whenever the military commits
sion, by virtue of whose seQteaee
the prisoner IL imprisoned, nor has
this Court power in any form or by
any procedure to remove the proceed
ings of the Commission. In the case
Of the petitioner, the addressing Of a
wrftof habeqs corpus To the military
commander in Mississippi, would be
an exercise Of an original aud not ap-
pellate Jurisdiction. The repeal By
Congress OF 50 much of the act of Feb
ruary ), lsGf, "a grants an appellate
power to this Court In cases Ofthis na-
ture was intended, and should be con-
strued, as taking away, not the
whole appellate power in eases
Of habea5 corpus, but the APP
pellats power III eases to which
that act applied, and finally, the act
of 1867, providing for q military gov
ernment in Mississippi. necessarily
suspended the writ Of habeas corpus
in that State, which it was in the
clear constitutional duty of congress
to do.
Mr.. j. n. Carlisle replied. He said.
that as q citizen, he confessed that
there was no means et determining
what Congress might have intended
to do, but 1t was certainly difficult to
tell when Congress had come into
court ana seized upon acause sub-judi-
eio, and strangled what might have
been the intention, but as a lawyer, ii
was easy to say what Congress really
did by applying the ordinary rules
of Interpretation, and by such means
he found that Congress, by the act OF
1868, repealed only the statute of 1867,
which had given special jurisdiction
before the existence of the 18th section
of the Judiciary act, yet was unaffcct-
ed by the repeating of the act of 1868,
and 1t was under the provisions OF
that section that this proceeding
was instituted, and not under
the act of 1867, as contended
by the Attorney General. He had
heard no argument which had in the
least shown that this Court was with
out jurisdiction under the judiciary
act, and he would be inexcusable in
longer OBTAINING the Court on a juris-
diction which it had reiterated and
reafiirmed, time and again.
MIR. Carlisle spoke briefly, without
notes, making the argument of the
Attorney General the basis of his re-
marks. The excitement first caused
by this case seems to have greatly
subsidized, but few spectators being
present to-day. The venerable Thos.
Ewing, of Ohio, was present until the
argument closed and appeared much
interestePIg
The Cart adjourned till Monday
on the conclusion of the argument.
Mr.. Field, of Massachusetts, was adj
mitted to practice in this Court.
WASHINGTON, October ll.-Abel
r. Corbin has attracted good deal of
attention lately in consequence of his
alleged completely with Fisk, Gould
q Co. in the recent gold bulling ope-
rations of Wall street. Corbin is well
known here, and, must add in sim
pie truth, not very favorably. Many
old residents remember distinctly his
maneuvers in 1857 and 1858, as well as
prior to those years, as well as a skill
full agent of certain Massachusetts and
New York inter ests; how his conduct
was investigated and fully exposed.
In the report of the Select Conn
mittee of the House of Representa-
tives, of which Hon. B. Stanton was
chairman, appointed to inquire into
the expenditure of money for the pur-
pose Of influencing the passage of
the tariff of 1867 by the Thirty-fourth
Congress, we tind the following in re-
lation to Mr.. A. II. COrbin, who has
figured so conspicuously in the recent
gold ring:
The committee reported the fellow
ing sums as having been paid:
Thnrlow Weed. ............................s 600
d. NJ. Stone, editor of the New York
JoaFBat Qf CosaDserce. rce........,......-.... $500
j. n. $40
A. r. corbip ........... ....s.... .l)l0
The COM then say that while
it is a son7 qualification that the
proofs Sd Io 50ember of the House,
fo have basn connected with fl1ss 1slus
pendiflire of money, they regret thI
tl1ay asA under the necessity Of al
inc fhat It shows that $1,000 was ~
~ Mr.. q. f',5sss-s -s.sktao was + s..
g..-'r ~ @1-l.st aalIsf 60 = r1tf7-