The Plymouth Democrat. (Plymouth, Ind.) 1869-1941, 1869-11-04
The Yerger Case.

THE Cincinnati Gazette affects to see
nothing more in the Yerger habeas corpus
case but the personal welfare of the APP
plicant 1t calls those who believe the
writ should be granted "Yerger sympa
tbizers," declares that "Yerger killed a
national officer in the discharge of his
duty, and for this he seems to have the
Democratic sympathes" land, in all the
history of our government, the Democra-
CIV would have legal decisions go accord
ing to their sympathies." In proof of this
reckless allegation the Cincinnati paper
brings ND a historical incident, which,
when examined, will prove most unfortu-
nate for itself 1t is this, as given in its
own words
In the cases of Jefferson and Jackson, the party
sympathies against the safeguards of the law.
Consequently Jefferson and his party assailed the
Supreme Court for issuing the writ of hdbeds cor
pus in the very case of BOlman and Swartwout,
which Judge Chase cites a. a precedent IN TINS
case.
These persons were charged by Gen. Wilkison
with completely in the Burr Mexican expedition,
and after that had dissolved, in time OF peace,
were seized by the military in the vicinity oil the
civil cOurt- and taken by sea 10 Washington where
Jefferson held them secretly in custody oil MS mt
rine guard, while he instgated the passage IN Sc
cret of a bill 70 suspend the writ OF nan as corpus
throughout the land in order that he might exc,
cute them by the military power And such a blil
DELAYED in the House by the opposition oil John
Randolph. and in the meantime the Illegal holding
81 yas apG1ed 70 for writ of h5qs prDms
upon which they were discharged. But Jefferson
and his party bitterly assailed the Court, fsr thus
simply administering the law.
Even after his retirement he wrote letter COM
menting bitterly on those who set up their cOnstl-
tiOnal scruples when. as he said IL was necessary
TO suspend the Constitution in order 70 save H.
And likewise he denounced the United States DIS
trct Court for not ruling so a to convict Burr
That he could not make the Court swerve from the
law his partisan purposes was the reason
he pursued ii through his life with the utmost VIII
dictiveness.
If the Gazette had set out to make an
arraignment of its own party, it could
not have done it more effectually than IN
this quotation and illustration OF the Boil
man and SwarwOut case. Suppose Jefter-
son and his party did "assail the Supreme
Court F" for doing its manifest and bounden
duty in this case; it proves nothing but
that Jefferson was wrong, and the Court
was right 1t is the Gazette's party which
is now initiating this early wrong, by de-
nouncing the Court for preparing to issue
a writ in a similar case. 1erger, like
Bollman and SwartwOut, was seized in a
time of pesce by the military, in the vi
cinity of the civil courts" 1t is the Re-
publican party that instigated and passed
a bill hurriedly through Congress to sus
pend the writ of hdbeaS corpus in certain
States, in order that Yerger, and such as
he, might be executed by the military
power 1t is the Republican party that is
now bitterly asSailing the Court for
simply administering the law " in the case
of Yerger 1t is the same party that de
clares sit is necessary to suspend the Con
stitutiOn in order To save it." So that the
whole effect Ofthe Gdzette's argument is to
condemn its own party and itself of re-
peating an admitted wrong committed by
Mr.. Jefferson more than half century
ago.
BOllman and SwartwOut were probably
guilty of the crime charged against them,
and Yerger is probably guilty of the
crime charged against him. But this is
not the question. The Constitution pledges
tn every citizen accused of crime, certain
rights, among them that of trial by jury.
The Gazette and its party would violate
this solemn pledge, in the case ofone man,
and thus establish the right to violate it in
the case of every man. If the military
should seize prisoner in the Cincinnati
Jail, try him and convict him of murder,
and sentence him to be executed, the De
mocracy would certainly denounce the
proceeding as a lawless and insufferable
wrong The Gazette's logic would indicate
it as lawful and proper right.-Missostri
Rot1fIyjcrU