The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-10-20
THE YERGER CASE.
The Principles InvoIved-Thc Court
Threatencd-What President Grant Is
Told will be his Duty i'm Certain
Contingency.
rrRoY AN OCCASIONAL CORRESPONDENT


been argued before the Supreme Court-a case
familiar to the people OF the South, and to the
whole country, inasmuch as it involves the power
Of the Federal Government to authorize, even 0v
law, the trial of civilian by military commits
sion in time OF peace and In State and distrlct
where civil courts are open.
1t is unnecessary to go into the details OF the
case. Suffice it to say that Mr.. Yerger was tried
by military commission at Jackson, Mississippi,
for an offence against the ld,cs or that State,
found guilty, and sentenced to suffer death. His
counsel, however, brought the case before the
Chief Justice Of the United States, on motion for
| habeaS corpus, several months ago, when, by
stipulation between them and the Attorney Gene
raj of the United States, it was agreed that the
motion should be argued at the present term oi
the court, and in the meantime the sentence lm'
posed by the military commission should be sus-
pended. Mr.. Yerger, however, is still in prison,
and his case is upon the docket Of the highest ju-
dicial tribunal in the country, where the power OF
the law making department OF the government
to authorize the trial of civilians In any other way
than that pointed out by the constitution, is to be
finally, and, hope, forever determined.
1t will be remembered that the power claimed
- -
numerous Reconstruction" acts, so-called,
which have been passed by Congress since the
close of the war, and as those acts rest upon an
assumed authority on the psrt OF the Federal
Government, to render the civil power in the
South subordinate and inferior to 'ne military,
the opinion ofthe court in this case will be of the
most rital importance in jtticialv determining
so great question.
II it shall be adjudged that Congress has no
power to establish military government and mill
tary law, in any State or States OF the Union, IN
time OF peace, the bottom will be Knocked out OF
the reconstruction tub; and sooner or later,
every act OF that body, relating to the govern
ment OF the Southern States, will share the same
fate, and the country will again be restored to
its former system Of free government, sustained
aud strengthened by constitutional recognition
Of the reserved rights of the several States.
1t requires no argument to show the illegality
and unconstitutionalty OF the trial of civilians
by military tribunals in places where civil courts
are open. The Constitution OF the United States
is so clear and explicit on this subject that he who
would attempt to controvert it must either be set
down as knave or fool.
1t may, however, be interesting to your readers,
in forming an opinion as TO the probable result OF
the case referred to above, to mention similar
and very celebrated case which is still fresh In
the minds Of the people, and which, on account
of the great principle involved, may with truth
he styled the most important case ever deter
mined by the Supreme Court OF the United States.
Lambdin p. Miligan, q citizen of the United
States and resident and citizen OF the State OF
Indiana, was arrested on the Sd day OF October,
1864, at his home in said State by order OF Brevet
Major.G General Hovey. military commander OF the
District of Indiana, and by the same authority
confined in military prison at or near Indiana
polis, the capital OF the State. On the 2lst day
OF the same month, he placed on trial before
n "mitary commission" convened at lndanapo-
lis, by order OF the said general, upon the follow
ing charges preferred by Major Burnett, Judge
Advocate OF the Northwestern Military Depart
ment, namely:
/. Conspiracy against the Government OF the
United States.
o Alrording aid and comfort to the rebels
against the authority OF the United States.
3. Inciting insurrection.
f. Disloyal praCticeSfand,
s. Violation Of the laws OF war.
Without recitlng the details OF this trial, 1t is
sufficient to say that Milligan was found guilty
on all the charges, and sentenced to suiler death
by hanging, and this sentence having been ap-
proved, he was ordered TO be executed on Friday,
the 10th Of May, 1865.
On the 10th of that same May, 1866, Milligan
filed his petition for habeaS corpus in the Cir
cult Court OF the United States for the District
of Indiana. After setting forth the facts con-
nected with his arrest and trial by military
commission" the findings, sentence, approval
thereof &C.. he then set forth the additional TACT
that while he was held and detained, as already
mentioned, in military custody, and more than
twenty DAYS after his arrest,l 4 grand jury for
the Circuit Court of the United States for the
district of Indiana, was convened at lndianapo-
lis. his said place Of confinement, and duly en-
panclled, charged and sworn for said district,
held its sttings, and finally adjourned without
having found any bill OF indictment, or made any
presentment whatever against him; that at no
time had he been in the military service of the
United States or in any way connected with the
land, or naval force, or the militia In actual SER
vice, &c.
At the hearing OF the petition in the Circuit
Court the opinions OF the Judges were divided on
tile following questions, namely:
!. ION the facts stated in the petition and eX-
hibits ought the writ Of hdoedS corpus to he Is.
sued according to the prayer Of said petitioner"
III. ION the facts stated in the petition and en-
hibits ought the said Milligan to he discharged
from custody, as in said petition prayedT'
Ill. whether upon the facts stated In the pc
tition and exhibits the military commission had
jurisdiction legally, TO try and sentence said Mil
ligan in manner and form as In salu pellllon anu
exhibit Is stated?'
On the division of opinion mentioned above,
these questions were certified to the Supreme
Court of the United States and argued at the De-
cember term, 1865. The opinion Of the Court
thereon was delivered the following term, and
NAV he found in 4th Wallace, commencing at
page lO7.
The opinion is O very elaborate and exhaustive
one. reviewing the whole case, and emphatically
declaring that Congress has no power to author
lie the trial of civilians by military commissions
in places where civil tribunals are open, and
where they might he regularly and fairly tried
according to the constitution and laws Of the
United States and OF the State wherein the al
legged offence was committed.
In proceeding, the court said
every trial involves the exercise OF judicial
commission that tried him (Miliganl derive
their authority Certainly no part of the
judicial power of the country was conferred
on them because the constitution expressly
vests il lin one Supreme Court and such
inferior courts as Congress may from time TO
time ordain and estabsh; and 1t is not pretend
ed that the commission was court ordained anu