The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-07-15
THE YERG CASE.

Petition Of Yerger Before Chief Justice Chase
for Discharge ON Writ Of Habeas Corpus
Argument Of Counsel Of PetitiOner-Right Of
Trial by Jury Demnnded-Repiy of the Ate
torney Observation-Disclosures Of tho Chief
Justice Questi0ned-OpiniOn Of the Court
Deferred.
WASHINGTON, July IA, 1869.
This morning at eleven O'Clock Chief Justice Chase
at the conference room OF the Supreme Court In
accordance with previous arrangement, to hear ar.
gument in the Yerger case. large number of audi
tors present. including nearly all OF the promi
nent members of the bar OF the District of Columbia
Mr.. Philip Phillips, opened the case by reading the
petition OF Ed ward NJ. Yerger, addressed to s. p.
Chase, Chief Justice OF the Supreme Court of the
United Stated, stating that he Is citizen of Mssis
sipp, and Is now Illegally imprisoned and detained
in the county Of Kinds under the order Of General
Ames A military commission had been constituted
to try him for the alleged crime of murder. To this
he objects for the reason that he is not in any wav
connected with the army and navy of the United
states, or the militia, nor is he amenable in
any way to military authorities of the
land or the naval forces. He says his
trial Is under what is commonly known as the re.
construction act, and claiming his rights under the
constitution as an American citizen he asks that a
writ of habeas corpus be issued for his relief. He
the alleged offence was committed, the courts Of
justice have been open since November, 1866; that
there obstruction to the process of the courts
and justice is generally unimpeded.
Mr. Phillip also read copy OF the Indictment on
which Yerger was arraigned before the military
commission. 1t charges him with the murder of
Captain Joseph g.. Crane, OF the Commissary De-
partment OF the United States Army, ON tie sth
June last the weapon being a knife. Mr. Phillip
said the application was based these facts:-De-
prlved OF his liberty, In violation of the Constitution
OF the United states, the petitioner asked to be dis.
charged under writ OF habeas corpus The coun.
sci then argued the question of jurisdiction quoting
Justices of the Supreme Court well as Judges OF
District Courts, shall have power to grant wrts of
habeas corpus, The only restraining words of the
statute are those which limit the application
Of the writ to cases where persons are IN
custody under or by color OF he AUTHORITY of
the United States or committed for trial under some
coars. tne n aPpncaht being arragned by military
power he falls under the class OF persons la custody
under or by color OF the authority of the United
States fhe statute did not limit the exercise of the
power 70 any Stase or territory It was conferred on
the Justices OF tne supreme Court, whose iurisdic-
ton was coextenstve with the whole country. It
seemed 70 be perfectly clear, from o proper con.
struction OF tne act that was not intended to limit
the application Of the writ to Judge OF the Supreme
Court presiding In particular Circuit where the
offence was committed or the imprisonment took
place he quoted au the cases Of Msrrlman and Ed.
the war;, in support OF mis- afgumant--Chcf
cate Justice Wayne In the other. issuing
in Maryland. Tbe case now before she Chief Justice
involved most sefious considerations, Including the
personal rights OF citizen. II did more I'd i'm.
voved the integrity Of the constitution Of our coun.
tuition not for the first time to be found in that
instrument They were inherited by the people of
our country from MagAs Chsrta. which declared