Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-10-16

Argument in the YerEer Cause.-The
New Minister 20 China, etc.
WASHINGTON, Oct. l5.-In the Supreme
Court to-day argu ment on the Yerger case
was commenced By Attorney General
HoSr' He argued at length that to bring
a case within the appellate jurisdiction of
this court, in the sense requisite to enable
it to award a writ Of habeds corpus under
the Judiciary act, it is nee essary that com.
mitment should appear to have been by a
tribunal whose decisions are subject to re-
vision by this court. This CO urt has never
granted this writ when the prisoner was
not, at the time he petitioaed for it, 10
confinement under an order of court
whose proceedings can be T evised by the
Supreme Court. This court cannot exsr.
cise any sppelste contract by appeal, writ
Of error, or any other proceedings over
the military commission by virtue of
whose sentence the prisoner is imprisoned.
The Military Commander holds the pc
utioner rot under any order or decree of
the Circuit Court, but by the military aus
thoritiee, and could discharge The prisoner
at his pleasure, Notwithstanding the action
of the Cl cult Court, and strsngled what
might not have been his intention, but ss
lawyer it was easy to say what COugre-s
reslly had done by applying the ordinary
rules Of Interpretation.
The act Of 1867, providing for a mill
: tary government in Mississippi, necessaS
rily suspended the writ of habeas cor
pus in that State, which it was in the
clear constitutional authority Of Congress
to do.
NJ, NJ Co-E,Io ro,l;od ua Gail
that as a citizen he confessed there was
no means of determining what Congress
might have intended to DO. but it was
certainly difficult to tell when Congress
had come into court and seized upon the
cause sub>judicially.
Mr.. Carlisle spoke briefly without notes,
making The argument of the Attorney
General the basis Of bis remarks. The
excitement at first, caused by this pro-
csediug, seems 10 have greatly ubsided,
but few spectators having sst out the ar
gument to-day. The venerable Thomas
Ewing, of Ohio, was present until the
argument closed, and appeared TO be much
interested. Upon the conclusion of the
argument the court adj0urnedd till Mon
day.
The new Minister TO China, ex Gov.
Low, of California, will sail for his destin-
alton next month. The instructions re-
garding his mission have been completed
and forwarded to him.
1t is said here to-day that the only out
side political influence which asked for the
appointment of the new Secretary of War
was that Of eX.Congressman james +.
Wilson, Of Iowa. General Sherman
has;ened the appointment by asking that
he might be relieved of the duties of See
rotary.
A counterfeit $50 note of the denomins-
ton Of $50, of the series of July, 1865,
was received at Treasurer Spinner's office
few days since. 1t was supposed the
plate had been captured by the officers of
The secret service before any of the notes
we're issued, and this is the first that is
known TO have been in circulation. Il is
thought that there are but few Of them in
the market.
WAsHIEGToN, Oct 14.-Assistant Secre-
tary Richardson, of the Treasury, was in
attendance at the department to-day, but
intends pressing his resignation, as he de-
sires to relinquish that Office.
Secretary Belknsp, of the War DEPART
msnt, is expected TO enter upon the dis
charge Of his duties in two weeks.
A telegram received at the War Depart
Dent this mornin, announces that Admit
raj Fsrragut is still in a very precarioui
condition, though some hopes are enter
tanned Of his recovery.