New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-02-13


p Philips esq, in the Supreme Court to-day
moved for wits of habeas corpus in the cases OF
Spangler and Arnold, in pursuance of the petitions
filed several days ago. Attorney General Eyarts
stated that he had been served with notice of the
motions, but should regard them as erparte unless
the Court directed notice to be served upon him
Here the matter rested. motion was also made by
James Lyons for writ of prohibition to Judge In
derwood United States District Judge for the State
of Virginia. Mr.. Lyons, for the Commonwealth of
Virginia spoke an hour and a-haf in support of the
motion. lie alluded to the cases of three convicts
sentenced for crimes, including James j. Philips who
was condemned TO death for the most atroGous crime
known to the law. and said they Were released by
Judge Underwood and permitted, TO go at large I'M
scathed entirely and unwhipt of justice. If Judge
Underwood could set aside the judgments of the
State Courts in these cases, he might do so in all
cases, thus in effect, Overthrowing the Judiciary
while no represented the Commonwealth of Vir-
ginia. He thought it proper to say that this was
matter in which not Virginia alone, but all the
Southern States were concerned. The criminals to
whom alluded were tried according to the laws of
Virginia, and according TO the laws recognized by
the General Government, by the action Of Congress-
and by the military authorities. There had been
impeachment of the trial, and of the correct
ness of the sentences But Judge Underwood had
State Judges were not competent to try
the cases being incapacitated from doing so by the
Fourteenth Amendment TO the Constitution Of the
United States and under writ of habeas corpus. He
did not inquire into the guilt or innocence of the ac
cused or any question Of illegaliy connected with
the trial but under what tenure the Virginia courts
exercised their power Judge Underwood had. In
effect decided that grand and petty juries, as well as
the functions of the judges were illegal The action
of Judge Underwood did not only extend to criminal
but to the civil courts of the Commonwealth. Viz
p1nia had therefore asked for writ of prohibition
to prevent these enormous ills. and TO protect the
people in the liberties and rights which the Const-
tuition was intended to secure MIR. Lyons quoted
numerous authorities to show the Supreme Court
could grant the writ and that it was under the COM
mon law an Inherent right to be exercised by the
Superior to the Inferior Court and that according to
Blackstone, it could be employed whenever it APP
peared that court was transcending its jurisdiction,
and whether in crmnal, civil ecclesiastical cases.
Flo then said Virginia was State, and had
been recognized rs such by all branches
of the Government. The Chief-Justce had
held CONT in Richmond lie certainly
did not do so by permission OF the military authoI
ties. The source Of authority was the people. On
them depended the erection of their own State Gov
eminent. II. however, it should not be republican
in form Congress should remit il for amendment
under the Constitution for the United States are re-
qured by that instrument TO guarantee every State
a republican form of government. So far from con-
ferring Congress power 70 degrade State
that instrument requires the preservation
of the State. But the question was whether
the Constitution justified the wrongs which
il was the intention by writ of prohibition TO
prevent Associate Justice Miller inquired Of the
adj IA
the original jurisdiction of the Supreme Court. Mr.
Lyons replied in the affirmative. lie had recited
legal authorities II the Court had not original it
had appellate jurisdiction in the He thoughtit
best to coniine himself to such views rs admitted of
no question. If the inferior Courts coud not be re-
strained as the District Court of Virginia. criminals
could be scattered all over the land. He thought
there was no doubt of the power of the Court TO issue
such writ The Court took the motion under adj
visement. A. B. Guigon appeared for John Jeter
Phillips, but took part in the argument. Judge
Underwood was not in Court. a|f -..r
The measure agreed upon to-day by tho Recon-
struction Committee relative to the Of Missis
sippi, is intended only as temporary relief. II au-
thorzes tile old convention 10 within thirty
DAYS, and not to remain in session TO exceed one
month, and resubmt the Constitution heretofore
framed to the people with or without amendment as
they may indicate, the convention to appoint Pro-
visional Government. with power to appoint or re-
move all State officers 1t is thought that this egis-
laton will relieve the present condition OF affairs in
that State and will be satisfactory TO large major
ity of the people
The following is Senator Morgans amendment to
the House bill granting Leave for tie construction OF
bridge across the East River:
SECTION l. Tho said bridge sha be so constructed and
built not 60 obsruct impair or lurousy modify me
navigation Of the river aud n order 70 secure eonp
eonmepeng the construction OF the bridge shall submit
10 the Secretary OF War plan OF the bridge with
bridge and Tor the distance Of mile above and below
the Site exhibiting the depth ana currents at all points
sAd bridge and i1ver may he deemed requisite By the
Secretary War 20 determine whether the said bridge
when built, viii conform 70 the preorbed conditions OF
the bl not 70 obstruct impair, or larlousy modify the
Ind be nSf6er enaced That the Secretary OF
War is hereby authorized and directed upon receiving
said plan and map and other APPROXIMATIONS ana upon De
said locality viii conform to the prescribed conditions OF
this bill, Obsruct, impair or iniuIiOusly modify
pany that he approves the sainei and upon receiving
erection Of said bridge conforming strictly to the ap,
proved plan and location. But until the Secretary OF
War approves the plan and location Of said bridge and
notify said Company Of the In writing. the bridge
shall be built commencedj and should any change
be made in the panof the bridge during the progress OF
the work thereon said change shall be submitted likewise
70 the approval OF the Secretary OF war. -
have poSe any time TO alter, amend, OF repeal this
act III rlfs 70 49,. I...y.. ..... ...r l.. h-. .....
The Minister Of the United States at London has
informed the Secretary Of State that he has received
All official notification that the restrictions imposed
by Orders in Council Of the 18th Of September 1865
and the 18th of October, 1863 upon the importation
Of bay into the United Kingdom, were removed by
an order in Council Of the 18th ultimo revokipg
those to which reference is above made fI....e1
Gen. Fremont, Cen Hentzelman. and Others were
fora thu, Ho,ea Pacific Railroad