The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-26
WASHINGTON.
BEN WADE AT THE CAPITAL.
His Advocacy of Cuban Re
cOgnition.
Important Decision in the Yerger
Case.
The Supreme Court Claims Juris-
dicti0n.

WASHINGTON Oct %. 1869.
Decision or tho Suprcme Court i'm the Yergcr
Case.
The decision o1Chief Justice Chase IN the Supreme
Court to-day, declaring that the Court has Jurisdc-
ton in the Yerger case, has created considerable
excitement In the national capital. This is one
In which Yerger, 1t is alleged, openly murdered
United States military officer tried by military
commission found guilty OF murder and sentenced to
death. which finding and sentence were approved by
tho President but execution suspended by the Pres
dents order. This decision Is likely to call for fur
Their action on the part OF Congress- The recon-
struction law Of 1867 admitted the legitimacy of
trials by military commissions In States under
tlal government But fearing the probable course
of the Supreme Court In the case OF McCarde In
nection with revenue bill, which raised
great commotion among the democrats
at the time, Congress added clause
which repealed so much Of the act to establish Judi
cal courts in the United States, approved 1885, as
authorized an appeal from the judgment of the
Circuit Court to the Supreme Court of the United
States or the exercise OF any such jurisdiction by
said Supreme Court on appeals which had been or
might be thereafter taKen This action OF Congress
had the desired effect. The Yerger case however,
came up on an appeal from the Circuit Court, ask
lng for q writ Of habeas corpus to be served upon
General Ames releasing Yerger from military Gus
tody. Under law of 1885 the appellate jurisdic-
ton extends from any tribunal, whether mill
tary or civil. The radicals arc extremely
exercised over this decision, and declare that its
immediate effect Will be to naugurate a scene of
riot and blo0dshed in the States Of Mississippi and
Texas which there will be no power 10 control or
check They declare that this action Of the Supreme
Court Will result in the defeat OF Davis in Texas and
Alcorn In Missssfppi that the rebel element will
be IN q condition with impunlty to shoot down
any republican voter and thus by intimidation and
wanton bloodshed completely control the exercise
OF the elective franchise. This will require the ut
most vigilance on the part OF military commanders
which viii inevitably lead to q conflict between
the authorities. One prominent radical this
evening declared that the Supreme Court,
instead OF being the strong right Of the govern.
ment, was paralyzed member which embarrassed
the entire machinery Of the constitution. That 1t
has perpetuated treason, protected rebels in
their persons and In their property. This deci-
sion Is looked upon as the most important
since the bred Scott case, involving the
recent issues which Congress SET up IN It's
legislation Affecting the rebelous States. The
decision has brought down a shower OF radical
wrath upon theiChef Justice and these expressions
even go SO far as to Involve prospective case OF
impeachment upon the grounds that the Chief JUS
tice has been systematically perverting his high
ONCE to political aims. 1t is probable that some
effort will be made to stave Off the elections in
Mississippi and Texas until Congress can have an
opportunity to take further legislation.
The President to Attend n Wedding.
The President and Mrs. Grant will leave here at
noon tomorrow for Philadelphia to attend the We'd
ding Of the daughter of Bishop Simpson, who is to
be married in that city Wednesday. They viii
return on Thursday evening or Friday morning.
Visitors to the President.
Among those who had interviews with the Pre-
cent to-day were General Harvey, Senator Cole,
DIV Ames, President OF the Union Pacific Railroad;
T. II. Rollins, E. l.. Perkins, Secretary OF New
Mexico, and Others
Payment of the November Interest.
The Secretary OF the Treasury has authorized the
payment at once, and without rebate, the interest
due November !, both on registered and coupon
bonds.
The Mississippi Election.
Tho following officers, now unassigned to regi-
ments, are assigned to duty in connection with me
registration and election in Mississippi:-Captai
Francis w. Weir, First Lieutenanls John Puliard
John p Walker, Ephraim Williams and A. E. Miles,
Ben Wnde's Views Upon the Cuban Cues.
tion-Neccssity for Recognition.
Bluff Old Ben Wade Is in town, ana though he is
NO longer Senator he takes deep an interest in
public affairs as If he were President. Now as of
old, Mr. Wade Is open and fearless in expressing his
opinions upon all questions before the country
He thinks 1t about time that the administra-
ton took some decided action with regard to
Cuba "Out west,n says Wade, 1--WE are all
in favor Of recognizing Cuoa, and that with
ont waiting to know whether old Spain likes 1t
or not" Mr.. Wade does not find any fault with Pre-
sident Grant and Secretary Fish for enforcing the
neutrality laws but he insists that Is not ques-
ton relating TO the neutrality laws. The only point,
IN his OPINION, to be considered is whether the
luton In Cuba has attained such proportions as to
warrant the belief that q majority of the Cuban
people are In favor OF It, and whether the
Cubans have q dc Jdcto government with
o reasonable prospect OF sustaining themselves?
Mr.. Wade believes that these points have been set.
tlod to the satisfaction of everybody by years
istence Of the Cuban revolution and by the manifest
inability OF the Spa liards to put II down. The first
thing for the administration to do Is to ac-
knowledge the Cubans. and the question OF
the neutrality laws viii regulate itself. Old
Ben has no idea Of waiting for Spain
10 acknowledge the independence OF the Cubans.
He says Spain has never recognized the
independence OF any OF the South American repub.
lies that threw of her yoke and II ia not probable
she VIII act differently In the OF Cuba In the
case OF the South American republics the United
States did not wait for Spain. butt acting on the
principle stated above, merely waiting to ascertain
that they had de Jdcto government and then rccog-
nized and treated with them. Mr.. Wade and several
senators who now here are OF opinion that Con.
gress will certainly take action with regard TO Cuba
War Between the Sioux and Pawnec In.
dians.
Governor Burbank of Dacotah Territory, In letter
received this morning at the Indian Bureau states
that recently number OF young Sioux braves lett
the Whtestonc Agency for the purpose OF ayenglng
the death OF one OF their warriors slain by the Paw
nees, and that they had returned from the raid with
SIX scalps" II 10 not stated whether these were
indian or white mems scalps. 1t Ia supposed they
were Pawnee scalps. as the latter had organized a
party aud made pursuit, chasing the Sioux to The
west side OF the Missouri river
War Office Clerks Going Home TO Vote.
General Sherman as Secretary OF War. issued an