Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-08-23
HOW 1T WAS DONE.
An Inside View of The Recent Legal
Proceedings in the Yerger Case.

| Washington Correspondence Of the Gin
Cinpatl Gazette
The history of the compromise in
| the Yerger case has not been written.
The high contracting parties were the
| Executive branch OF the Government
and the Chief Justice. BY the grace
Of the latter the pO5tpOnement was al
lowed. The negotiations that secured
the truce which the nation is now en-
jOying We're of an interesting and
suggestive character.
After the case has been argued and
all parties had gathered to watch the
course of the consultations, the Chief
Justice, when gathering tAe papErs
and references bearing on the case,
which had been collected by his direC-
| tiOn, asked if the case decided in Bal
timOre by Chief Justice raney, during
| the war, was among them. On being
answered that it was, he then inquired
whether the particular form OF writ
issued IN that case was among the pa
pers. He was told that it was. With
these various documents he then re-
tired TO make up his decision.
The inquiry for this particular writ
was conclusive evidence to both sides
that Mr.. Chase had determined to
grant a kd5eQs corpus, since all he
could want of the form itself would be
to copy it. The moment the Chief
Justice had retired, Attorney General
HOar left in haste for the White
House, and Immediately had an inter-
view with the President.
CHIEF JUSTICE TANEY's CASE.
The grounds for the conclusions
each side drew from the inquiry for
the form of writ used by Mr.. Taney
VIII readily appear from a brief history
of the Baltimore case.
A deserter had been arrested by the
military authorities durirg tne' war
aud was about to be tried by them.
Baltimore rebels employed counsel
and applied to Chief Justice Taney,
then sitting in his regular circuit at
Baltimore FOR a writ Of BdbeQS corpus,
The writ was granted, and the opinion
delivered in the case was then judged
by the loyal everywhere as one of the
most sOulless papers ever uttered by
any official of any government while
the government was struggling against
treason for its existence. 1t was
simply an assault upon the right Of
the nation TO defend itself, made by its
highest judicial officer.
When Mr.. Chase asked for the books
containing this case, and followed it
by the special inquiry for the very
form of the writ then issued, it is easy
to see why the counsel on each side
felt satisfied of the decision he was to
give.
THE ATTORNEY-GENERAL NEGo-
TIATES,
On reaching the President, Judge
Hoar at once made known his cOnVic-
tions that Mr.. Chase was about to is
sue the writ, and his grounds for the
same. The bearing of such a decision,
and the discharge which both felt
would pretty certainly follow a hear
ing, were hurriedly discussed, and
Judge Hoar was instructed to urge a
pOstpOnement of the case until it
could be heard by a full bench.
AS soon as the Acknowledgement
could reach the opposing counsel, he
proposed such delay; but GO cOna-
dent did the YerseE. s.lie' 1eel Of the
rssl.ls .IS&5-' tlfy al once refused to
glela. An application of a similar
Character was then made to Mr..
Chase, and he also declined, saying he
preferred to finish the case, since argu-
ment had been made on each siese with,
a view to en- immediate decision.
Judge Huar returned to the Presi-
dent and reported his want of success,
and the further fact that the inter-
views ne had held left nodoubt on his
mind but the whole case, from first to
last, would go against the Govern
ment. &" g.
After considerable consultation It
was agreed that the Attorney Gene
raj should renew his IFapasiSioa for
desay, y and sad q e..~~'Ai 49,. earnest
it,1Ss@s chase on the part OF tne
,,ent himself, that it might oe
agrAed to: and with the promise from
t5e President to Yerger's counsel that
if the delay was gganted, no sentence
should be executed upon him, until
the opinion of the full bench was
giyen. and that the military authorl-
ties should be bound by that opin'
ion.
Thus armed with supplications and