American citizen. [volume] (Canton, Miss.) 1864-1890, 1869-07-31
The Compromise in Yerger's Cd

The telegram has announced
compromise of arrangement betwee
the President of the United States
and the counsel of MI Ycrgcr. In
consideration of the latter agreeing i
not to press for an imme(ate deci-
sion on Mr. lerger's application to
Chief Justice Chase for the benefit
of the writ of habeas corpus, General
Grant promises, in the meantime,
and until the Supreme Court of tho
Uuited States shall have determined
the queStio |, not to execute the sell
tcnce of his military court now sit
ting on the trial of Mr.. Merger, at
Jackson, Mississippi. We presume
this compromise has been effected
by Chief Justice Chase, with the oh
ject of saving the credit of the gov
ernment and gaining time for public
opinion to manifest itself in OppOSi,
ton to the trial of citizens by mill
tary courts. In other words, policy
has interviewed TO save Mr.. Yerger's
life, for we take it for granted his
life was in imminent danger. We
i lier from this arrangement also that
Chief Justice Chase would have Or
dercd the liberation of Mr.. Yerger if
Gen. Grant had not yielded. Judge
ChaSe's opinion Oh the subject of
Mr.. YerSer's case must have been
known to the latter's counsel for the
writ of hdbeds corpus, and that opin.
ion doubtless was that Mr.. YergpF
could not be lawfully tried by any
other tribunal than jury of his fel-
low citizens. Instead of rendering a
decree to this effect the Chief Justice
reserves the case for examination be-
fore the Supreme Court at its next
session. Before it comes up for tri-
al, the likelihood is, Mississippi will
have become State of the Union,
rel resented in Congress, and the mil
itary have been withdrawn from her
borders.
This is not such a termination of
this case as we would have liked 1t
is paltering with the law. of which
emiuent officers Of the Government,
like Judge Chase, should not have
been guilty. The proceeding by ha-
be0s corpus loses all its virtue by a
pOstponement of the case. The ac
cused is either lawfully or unlawful
ly held. If lawfully held, the appli,
cation should be dismis. ed and the
prisoner rcmanded. If unlawfully
held his liberation should be ordered
Immediately. 1t is a constitutional
right of the prisoner to have an i'm
mediate decision Of this, to him, most
important question. If he should
die in prison, what benefit to him
this compromise Will he not in
that case have been judicially muir
dered?
1t was not Mr.. Yerger alone, who
was concerned that this question
should have been met and decided
RoU. Every citizen of the United
States is interested in this question.
We think, therefore, his counsel had
no right to yield IA single inch, to
barter away the least part of the
great principle involved in the case,
viz: immediate action, which we say
; is the object of the proceeding b.
hdbeds corpus. In this proceeding
the judge who hears the application,
if he has juriStiction-and in Judge
Glasses case there can be no question
as to jurisdiction because it has been
I, derived from the Constitution aud
exercised by his predecessors more
> than once, has no discretion, has NO
power to evade decision or post
pone it one hour, The test of the
correctness Of our proposition is that
Oner pending the application for this
week, and assuming his detention to
I've unwarra, ted by law, the officer o:
- the Government who has thus lille
j. gally imprisoned the party is person
h ally responsible for his death, an,
r liable 20 eXpiate in his own person
the penalty attached by the law tC
. that criminal act. 1t has been Sc
;, decided and the law is well settled
g That illuStriouS magistrate, Lore
y Chief Justice DeLman, of the Kings
I Bench, uttered on IA similar eXamina
, ton of an imprisonment of an indi
r vidual by the King of England with
a out the warrant of magistrate an(
= by his mere will, aud in answer to f.;
n claim by the King to have the ligh
n of imprisoling any man within hi
i. dominiOns, without the authority O
Il law, these nobe words, which ough
d to render the memory Of Lord Den
g man dear to his countrymen for al
u time:
. "When fellow subject presents
a himself before me in this court de
n manding justice, it is not at my op
a, ton to grant or withhold redress.
. am bound to afford it if the law de
!, clares him entitled to it,"
h Judge Chase has lost another on
K portunity of rendering his name ant
k history illustriOus in our annals. w,
!, regret that he was not equal to tn
- occasion, that his moral courage dit
b, not rise to the height of the oppor
y tunity.-TN. O. Bee.