New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-07-15
THE YERGER HABEAs CORPUS CASE.
TIE ARGUMENT FOR THE PLAINTIFF-REPLY OF
THE ATTORNEY GENERAL.

TIE ARGUMENT FOR THE PLAlNTIFF-REPL1 OF
THE ATTORNEY GENERAL.
WASHINGTON, July 14.-This morning, at II
O'Clock Chief Justice Chase at the conference
Of che Supreme Court in accordance with previous ar
rangement hear argument in the Yerger large
number of persons present including nearly all the
prominent members Of the bar OF the District Of Column
bia.
Mr. Philip Philips opened the case by reading the petit
ton OF Edward NJ. Yerger addressed to S. p Chase,
Chief Justice Of the Supreme Court OF the United States
stating thst he is citizen OF Mississippi and is lie
gay imprisoned aud detained in the county of Kinds,
sion had been constituted to try HIM for the alleged crime
OF murder. To this he objects, for the reason that
Navy OF the United states the Militia nor Is he amen
able IN any way to the military AUTHORITIES OF he lana OF
monty the REORGANIZATION Act. and, claiming
he asks that writ OF habeas corpus be issued for ms
relief lie further that in the state Of Mississippi
where the alleged OfenSe committed. the Courts
of Justice have open since November 1865; that
there obstruction to the process OF the courts and
Justice is generally unimpeded Mr.: Phhps also read
copy OF the indictment on which Herger was arragned
before the Military Commission IT IT charges
him with the murder OF lAenten9ntCo. Joseph
G. Crane, OF the Commissary Department OF
June last the weapon being a knife. Mr. Philips said
the application was based on these facts Deprived OF
his liberty in violation OF the Constitution Of the United
States the petitioner asked TO be discharged under
wut OF haJcas corpus. The counsel then argued the
1882 show that any OF the Justices Of the Supreme
Court, as well as Judges Of District Courts shall
restraining words OF the statute those which limit
the application OF the writ TO cases where persons are IN
States committed for trial under some court the
int CeSg ~ cgsody Under or by color
81 authority Of the United States The statute
did not limit the exercise Of the power TO
any state or Territory: il was conferred on the
Justices Of the Supreme Court whose jurisdiction was co
exte nsiye with the whole country. IL seemed 70 me
perfectly clear from proper construction OF the act,
that not intended TO limit the application Of the
tcniar circuit where the oense was committed or the
ana GSS wPpr dde sephebs Which happened
during the war in support OF his argument ChetJ sce
The other issuing wrts Of ha6eGs corpus the prisoners
being confined IN Maryland The case now before the
Guiding the personal rights Of citizen. II dd more II
involved the integrity Of the CONSTITUTION OF our country
were not for the first time TO be found
in that instrument They Mere inh erie h, ~
declared that freeman shall be taken, imprisoned OUT
laWed OF Oanshe9 or "a ~ l totv ~ his reeTs
and in accordance with the laws OF the land ON he 2h
n Apr l52 when Georgia ceded TO the United States
he etoTv which now Constitutes part Of the State Of
Mississippi IL enacted that the PROVISIONS OF oru
nance OF 7s7 should in force in said territory
These proyisions we're that the inhabitants should
ALWAYS be eLt tied the benefits and 10 the writ OF hd10s
subsequenty provided the Organization Of state
Government they declared tbese PronHbns it
part of the fundamental law OF Ine Va sJi
cOrdingy they placed In the CONSTITUTION OF aS5
sppi and have there remained uLtn the present ule
Mr.. Philips then referred 70 the clauses " tne lie
ton of the United states relative 10 the protection O e
nsv.Cen Uoar i'm the Texas Weaver murder case, tue
reasons for considering the military commission legal
organization and saying he could have no HouDI as e
marion can retain the territory and the people WITHIN the
grasp Of until the relations OF PeagS Ta .. I'm
I'M the grasp OF war" original or mott Could there ne
stronger expression 70 dehne the most n VA nrs
The Attorney General explained that Ell, tIo PssnS
alluded 70 by his brother was quotation HOm ionU
who had used il IN another argument. a., rass,o,
Mr. Philips resuming said ne thOnght lHe up 80
had been found in book on the laws Oi wal ~ We"
boWeyer entitled to consideration because ~ u IOs
express any definite idea here nor was ~ aI men
any Interpretation Of constitutions, I1H t6e
argued that longer exists ACCOMPLISHMENTS FACT
theory Of the Attorney General As qu1oi in honest
there could be doubt OF TINS or % issed
minds or the Goth OF August 1906 the td
proclamation declaring the m tSs other States
existed Ia Texas az an enc, 40 ~ "a issS tie
according to the proclamation OF Hp[l s i0O order
S ''TranopiIity and civil authority now e3lSs
in and tile whole United state OF az ny
meSsage 'The Rebellion has been suPpteS1eo' au tIS
oI4aitd states with prOmptness ana wllng
W Am could reasonably De ANTICIPATED Inc Lexis
neSs too as he showed, declared the war over The
1atuII md Congress acted IN accord II was known
mat Congress disputed the gt OF the reaucnt ~ se
Gtstcs and therefore IL considered necessary
10 take steps 70 lead those ststes Daeh ih oU
RMS basis; but (Mr Philips would say that the cyl
rights citizens existing IN the Territory are the same as
the civil rights Of citizens existing every where The Con-
situation spread its shield over all parts OF the Gou
try. Whether we speak OF tht people ~ ol , ~ Gov
tory 10 makes no difference they are an uu4eI VIC ~
ernmeit OF the United States Mr. Philips replied AT
length 20 the opinions expressed III Jue 1e1d nun
der case by the Attorney General and IN cOnclulOh'
asked the OF peace ana ln me name VI tHG CO
stltutOn which had been violated IA the case OF ieIg
that petition for writ OF hGbeas corpus might DC
granted. ,, -, ,,,,a, To-.
tice saving he Should appear before him with some en-
barrassment II he 20 undertake 70 snow Dy Whdt
right or under what duty he appeared nc had received
from the counsel who represent the petitioner copy OF
the petition accompanied by an order from ms honor
that the case would heard this time AID IA 0bed
uce 10 this ntimaOn and owing 10 his personal aud Of
fetal respect for the tribunal OF which His
Honor is the head e ana pfSsains hS onG9
He had been al In looking al the matter 10 see Ia
what CAPACITY his Honor sitting here The Supreme
Court adjourned and although It's head - mere INC
functions Of the Court are not nJuteu " any OhV no
members What the Supreme Court would 90, IL was
hardly necessary 20 inquire. He asked Bis Honor " LOOK
at the statute having reference 70 his powers The
judiciary been existence for eighty years anu
VAS ever delivered from imprisonment by
. writ OF hdJeds corpus Issued by jus
tice the Supreme Court out OF a circuit 10 Whcn
he assigned. He also quoted rom the dleBdea ict
Judge must himself % his assigned limits ia
which exercise his judicial acts Inc Judges OF
Tie Supreme Court have individual authority except
what expressed by statute He felt sure that no member
zion where adequate provision has been Haoe W law up
the merits Of petition Ho was also AL lOss what
~ say aud how far 10 into discussion ~ present. nc
had doubt that whatever Judicial duty MS hOHOf fct
devOlyed upon hn-Wbether the head OF great
Court which be presided, or IN any duty deYolYed
upon him individual member OF the COuft-he
plan, bis Honor would perform IT, But The moment
Importance Of this question. fraught as ~
O. with what HE friends on the other eloe
must admit, before jurisdiction most doubtful ana
ln which Honor asked his single" Responsible
ty % declare unconstitutional act OF COnRresstO 10