Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1870-03-18

jackson pronounced a man 70
be a murderer who. had been
extremely aggravated and wronged,
and who had committed a hom-
icide under a sting Of provoca-
ton and from an instant passion,
which the severe common law of
England would hold sufficient in ten
derness for human frailty to reduce
from murder to manslaughter. This
was under military rule and when
men might be supposed to act against
their instincts and even their sense Of
Justice from timidity and selhshness
and from fear of the bayonet. But
now it is pretended that the State is
again, in the language Of its governor,
ga peer among sOvereigns," and that
its people are free and have Republic
can liberty. And now when, after
protracted suffering, the military au-
thorities have turned over an I'M
fortunate prisoner to the civil
power, the Legislature of the State,
fearing an escape, takes into deliberate
consideration a bill designed for a
special case, but derOgating from the
rights Of all the people! The rules
were suspended, and the bill passed
three readings in the Senate! The bill
thus passed in hot haste, however,
proved so defective and crude, and so
made the writ of hd6eGs corpus an ut
ter nullity, that its opponents finally
succeeded in laying it on the table.
As Mr.. Yerger has escaped, we sup
pose now the legislative SolOns will
let it lie there for the present. We
clip the following account of this novel
procedure: from the Vieksburg Times,
Of the 18th:
We learn from Jackson that the
consideration of the hd6sGs corpus
case, in the matter of Z. NJ. Nerger,
has been postponed until April. The
application was with a view to his adj
mission to bail. In the mean time,
yesterday morning, there was an ex-
traordinary movement in the Senate,
on a motion of Senator ShOup, of La
fayette, to suspend the rules for the
purpose of introducing a bill. Leave
being granted, a bill was Introduced
repeating all laws and parts Of laws
allowing any Circuit or Supreme
Court Judge to issue a writ of
ha6eds corpus in any other district
or circuit than his own; annul-
ling all writs now sued out which
contravened this new theory, and
furnishing heavily the Judge that
should issue such writs. The proposed
act is designed to go into effect from
and after its passage. The bill was
read a second time, and then a third
time by its title, the Lieutenant-Gov
ernOr ruling that the original suspen-
sion of the rules, suspended them en-
tireiy upon the bill. To an outsider.
it seemed that a motion to suspend
generally rules for the balance of the
session, would have been more apprO.
pirate. The rules require a bill to be
read on three separate days, and are
only dispensed with for local or pri-
vate business, where great or public
interests are not involved.
The measure proposed was a change
in the Judiciary system of the State,
and involved questions of high per-
sonal as well as public importance;
protection to life and liberty on the
one side, and assertion OF the majesty
of the law on the other. \ motion to
refer the subject TO a committee on the
judiciary was was made; but it was
suddenly ascertained there was no
such committee. A motion to refer
10 a special committee, with i~nstrac-
lions to report on Tuesday morning,
making the subject a special matter
for that day at nO0n-Was met by a
motion to lay it on the table, which
was accordingly done.
This seemed to lie the feather that
threatened the cameIs back. IuWOrds
Of genuine e~lOquence, with much force
Of manner, and an emphasis that came
from the heart, Senator Morgan, Of
GazOO Republican, protested in the
name of law and liberty, which pro-
tected the people, against the hurried
passage in a few moments of an i'm
pOrtant bill affecting the judiciary sys-
tenn, and evidently for the purpose of
special legislation. He was followed
Ex-senator Chandler, OfClarke, and the
Senator from Marshall, both RepubIi-
cans, in the samespirit. 1t was shown
that the bill itself was asacrude and
imperfect as it was hasty and special.
No provision was made for a case
where a Circuit Judge must be absent,
or the Judgship vacant, and in that
case, if the bill be passed, the great
writ of bG6eaS corpus would be a null
lily. An amendment was offered to
cure this defect, bur another motion
to lay on the table followed, and on
the table it went. As our readers will
see by Geographic dispatches, the
Senate, after reflection, postponed the
consideration OF the subject.