Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1869-07-24
THE YERGER CASE BEFORE THE
civil. COURTS.

CIVIL COURTS.
The case Of E. M. Yerger, of Jackson
Mississippi, so long pending before mi
itary commission will, by consent OF tn
Government and the attorneys of Yerge'
be carried before the Supreme Court
the United States, that the jurisdiction
military courts may be determine
sbether constitutional or not when civil
iaus are brought before them for trial
President Grant has directed the Attor
ney General to make this agreement, ant
has said to the military court in Missis
sippi to Withhold execution until this mat
ter can be determined. We applaud Gran
for this action; but it does not tall
with his orders only few months since
issued in the Weaver case from Texas
For it will be remembered that the Presi
dent, after the case had been brought VI
for his determining upon the question o.
the constitutionality of the Court to find
the prisoner guilty, stated, by the opinion
of his Attorney General, that the pro-
ceedings of the Court were correct, and
directed the man executed thereby, and
that in the face Of the Constitution, which
saws no person can be held lawfully to
answer for any capital crime, unless
First. On presentnent or Indictment
of q Grand Jury. fhGE
This is the first and greatest requi-
site.
Second. Upon q speedy and public
trial by an impartial jury Of the State
and District where the crime isalleged to
have been committed.
Third. Upon such trial the accused
must be confronted face to face with his
witnesses, and have the assistance OF
counsel for his defense. t@
Yet, in the face of these plain pro-
visions of the Constitution, adopted as q
safeguard for the citizen Of the United
States, we see men and women, civilians,
executed in times of profound peace BY
the order of court-msrtial, which can
be only characterized as tribunal to
murder. As to the guilt or Innocence OF
Mr.. Yerger, we do not propose to decide,
as we hold such can only be determined
BY the civil courts of our country. But
Il courts-martial can convict and execute
one citizen, then they can assume TO try
all supposed offenders Of the law, and
soon the Gag of the country will be
stained with the blood of her own people,
whose lives and property shall have been
taken contrary to law. If war was going
on in the land there might be some ex-
cuse for the trial Of oitisens by such sum-
mary courts; but peace has been pro-
claimed throughout our borders, and not
a rebel dares raise his hand against the
authority of the Government
The question ia brought up on an ap-
plicatiou of Yerger's attorneys to Chief
Justice Chase for writ of habeds corpus,
in which is alleged the unconstitutionality
Of the reconstruction laws, under which
he was being tried, and the want Of juris-
diction of the Court of Commission.
Tie text of the agreement is as followsi
En- Parte Edward NJ. Yerger, on Pc
tition for writ OF hdbeas corpus before
the Chief Justice of the United States.
1t being agreed by the Attorney Gene
raj of the United States and Jas. NJ. Car
Isle AID P. Phiiips, eoansel for the petit
TONER, that it would be more satisfactory
that the important questions involved in
the petition should be submitted to the
consideration of The Supreme Court of
the United States, it is here stipulated,
the Chief Justice approving, that the
present proceeding be suspended, with
out prejudice to the petitioner, and that
an application in the meantime msy be
made in his behalf to the Circuit Court
of the United States for the Mississippi
District, or the District Judge holding
said Court for writ of babeds corpus 10
the premises, with view that the que-
ton of the petitioners right to the
same msy be brought before the Su-
preme Court OF the Uoited States.
The Attorney General will instruct the
District Attorney to facilitate the pro-
ceedings necessary to have the matter
brought before the said Circuit Court, and
if necessary, before the Supreme Court,
and, until such proceedings can be insti-
tuted and prosecuted, il necessary, to the
fnal decision OF the said Supreme Court,
due diligence being used on behalf Of the
petitioner, the Attorney General 10 ap-
ihorized by the President to say that no
sentence or judgmen, Of the military
commission having the petitioner in
charge shall be executed. further than is