The New York herald., 1869-02-13
UNIFIED STATES SUPREME COURT.
WASHINGTON, Feb. IL, 1869.
The Assassination C0nsplrators.

WASHINGTON, Feb. IL, 1862
The Assassination Conspirators.
p Phillips, in the Supreme Court to-day moved for
wrts OF habeas corpus in the cases Of Spangler and
Arnold, in pursuance Of the petitions filed several
days ago. Attorney General Evarts stated that he
had been served with notice OF the motions, but
should regard them as er pdrte unless the court d.
rected notice to be served upon HIM. Here the mat.
ter rested.
The Writ of Prohibition Against Judge I'm.
derwood.
motion was also made by James Lyons for
writ OF prohibition 10 Judge Underwood, United
States District Judge for the State OF Virginia Mr
Lyons, for the commonwealth OF Virginia, spoke an
hour and a half in support OF the motion. lie al.
luded TO the cases Of three convcts sentenced for
crimes. including James J. Phillips, who was con.
demned to death for the most atrocous crime known
to the law, and said they were released by
Judge Underwood and permitted to go at large, un.
scathed entirely and unwhipt or justice. If Judge
Underwood could set aside the judgments of the
State courts In these he might SO In all cases.
thus, in effect, overthrowing the judiciary while he
represented the commonwealth OF Virginia. He
thought II proper to say that this was . matter in
which not Virginia alone, but all the Southern States
were concerned The criminals TO whom he alluded
were tried according to the laws OF Virginia. and ac
cording to the laws recognized by the general gov
ernment by the action OF Congress and By the ili.
tary authorities. There had been no Impeachment
the ana or the correctness OF the
But Judge Underwood had set them aside on the
ground that the State judges were not compe.
tent TO try the cases, being incapacitated from
doing so by the fourteenth amendment TO The con-
stitution OF the United States and under writ OF
habeas corpus he undertook, not to inquire into the
guilt or innocence OF the accused or any question
OF illegality connected with the trial, but under
wnat tenure the Virginia courts exercised their
power. Judge Underwood had, In eject, decided
that grand and petit Jures, as well as the functions
OF the judges, were illegal. The action OF Judge
Underwood did not only extend 70 criminal but TO
the civil courts OF the commonwealth. Virginia had
therefore asked for writ OF prohibition
to prevent these enormous Ills, and to protect
the people in the liberties aud rights which the con.
siituton was intended to secure. Mr.. Lyons quoted
numerous authorities TO show the Supreme Court
could grant the writ, and that It was, under the
common law, an inherent right TO be exercised by
the superior to the inferior court and that according
TO Blackstone IL could be employed whenever II ap.
peared that court was trapscending Its jurisdic-
tion, and whsther In criminal civil or ecclesiastical
cases. lie then said Virginia was o state, and had
been recognized as such by oil branches OF the gov
ernment The Chief Justice had held court IN Rich.
mond. He certainly did not do so by permission OF
the military authorities The source OF authority
was the people. On them depended the erection
Of their own state government. II however.
1t should not be republican In form Con.
gress could remit IL for amendment under the
constitution, for the United States are required by
that instrument to guarantee every state repub.
lIean form OF government. SO far from conferring
on Congress power TO degrade o state that instru-
mcnt requires the preservation OF the State. But
the question was whether the constitution Justified
the wrongs which 1t was the intention by witt OF
prohibition to prevent.
Associate Justice Miller inquired OF the gentleman
whether the argument was addressed TO the original
Jurisdiction OF the Supreme Court.
Mr.. Lyons replied Ia the affirmative. He had re-
cited legal authorities. " the court had not 0rgi
nal IL had appellate jurisdiction In the case. nc
thought IL best To conine himself to such views as
admitted Of no question. If the Inferior courts could
not be restI aimed as the District Court OF virginia
criminals could be scattered all over the land. lie