The New York herald., 1876-11-28


issued writ OF habeas corpus 10 another federal author
y like military commission In Yerger's case, or an
ofcer OF the army 10 tho OF Jefferson Davis be-
fore Chief Justice Chase, for tho commitment OF
district judge a United States commissioner, then
the Court directed the marshal take charge Of him
until the was decided pending the hear
ing But there is TO be found where
. federal court has taken prisoner from
. State court or q State court has taken
one from . federal court while the cause
OF detention being inquired into After tho SUBJ
ec was Investigated and after the Court had decided
tho question the actual personal custody Of the prs
oner was settled. and before He remained 10 the
hands the Court found him in until tho naht was
settled Therefore. II these men to be once
discharged by formally committing them 70
the Marshal. asked prompt dismissal
Of the writ. The petition showed
face that the Court had no jurisdiction 1t alleged
legal case II had not brought the wrong complained
of within the federal powers. On their own showing
they have no standing in this Court and must be
manded At once to Jail and tho custody OF the Sheriff.
Judge Bond said that this tho very thing TO be
settled The petition It's face showed prd tacie
case.
General Conner said that the cour. could not have
read the papers, for they showed tho OF the
Sheriff shat these mon committed for acts done
In relation to counting the for members OF the
Legislature. 1t was the judgment Of tho Supreme
Court Of Stzte construing State statute
and by the settled Law Of the Supreme Court
of the United States Such decision IS binding
all other courts, including the Supreme
Court OF tho United States Ho the Dow case, in
Howards Supreme Court reports showing that
United States Court could not, writ Of habeas
corpus. release prisoner condemned by State
court
A REQUEST TINE cHISy JUSTICE.
Wednesday, al ten O'Clock A. NJ, fixed for the
hearing and the counsel for the Supreme Court OF this
State Immediately tcegraphcd CHIEF Justice Waite
planning to bm the Importance Of the case, tho grave
conflict Of jurisdiction which had arisen aud
urging him to como and hear Il some day to be
appointed by himself A similar telegram was sont
him by Colonel Haskell and the Democratic Executive
Committee.
REPLY OF THE CHInR JUSTICE.
To these kilograms the Chief Justice returned this
WARRINGTON Nov. %, 1875.
The business OF tho Supreme Court requires my pres
ence here. N. Il WAITE
so this tho end Of tho Imprisonment OF tho Board
Of State Canvasscrs for contempt Tney have dcded
the Supreme Court Of their State they have refused
obey IL and the United States Court supports them
in their It. in substance, has discharged them
until the is decided. andl tho will not be de-
IN THE STATE COURT.
In the Supreme Court tho State Mr.. Clarke.
the Sheriff. stated all the facts OF tho release Of
the Board by Judge Bond to tho Court II oroorod
him put his in wrng and bring IL before
the Court regularly tomorrow morning. The OF
counting the votes OF tho electors continued
under adv!sement until Tomorrow, and SO was tne
Of contempt against United Statos District Attor
ney Corbin.
FEELING AxoxG THE
Tonight the city is cd with people from every por
tion the State who purposey be present at
the Inauguration OF Wade Hampton as Governor. The
events that ranspred Immediately preceding their
rival involve the greatest doubt and uncertainty and
the consequence Is that the city Is bed OF suppressed
excitement The arst thing that startled the visiting
Carolinians the announcement that Judge
Bond had taken the recalcitrant Board Of Can
vassers out Of the city jail in defiance
of the peremptory committal Of the Supreme Court OF
the State and virtually sot thom At liberty by placing
them in charge Of the United States Marshal Follow
ing quick upon this the thai tho President
had ordered General Kussr to dispose OF his
troops IN tho designated by Cover
nor Chamberlain, ostcnsbly, the telegram
had IL, to keep tho peace, but actually,
as whitc people here interpret to tako charge
the state Hodse and assist in adcctug .
republican organization OF tho Legislature and the
election Of Chamberlain Governor.
ELArioN XKGEogs
The negroes wore greatly tho release Of the
canvassers but the Of the troops being placed
tho disposal Of tho Governor has rendered
them insolcnt and ntolerant In a marked
degree. On the other hand this has had .
corresponding depressing democrats They
are determined maintain the peace at all hazards,
and under circumstances will they be provoked into
disturbance for Tho purpose Of furnishing capital -
the republicans At the North
TIKI LEGISLATIVE PROGRAMS.
As fa- as It can b. asccrta'ned, the republican
programme for tomorrow Is at novel
and unique Tho whole humber OF membcrs
OF the House is 124. OF which sixty-three
Is a majority quorum The democrats havo elected
sxtyiour the republicans sixty, but by the exclusion
OF tho counties Of Edgc1eld and Laurens tho demo-
cratic majority Is reduced to a minority OF nity-sx.
The Supreme Court has ordered clerk to issue 10
tho members from Edgedeld and Laurens the
certificates refused by tho Board OF Canvasscrs.
Notwithstanding this the republicans will rciuso TO
recognize the delegations from those counties, and
they will hold that the entire number OF mem bcrs OF
tho House sectc Is 1l6 OF which 80 will be a quo
rum Proceeding on this assumption, they will at
tempt to organize elect Speaker, and by canvass
OF all the countics cxccpc Edgcheid and Laurens as
certain and determine a majority for Chamberlain and
proclaim him Governor
ARRIVAL GENERAL RuGKR.
General Rugcr arrived tonight, but what he will do
has not been developed. 1t Is not believed that hc
will garrison the State House. but that he will 80 post
the troops that he will be within easy call in event OF
disturbance.
THE DEMOCRATIC PROGRAMME.
have been unable TO learn definitely the programme.
be adopted by the democrats tomorrow The lead
crs only tell me that II VIII be peaceful Any number
Of plans arc suggested the street. but OF course
these suggestions valuable only in proportion
to their probability The opinion prevails generally
that tho democratic members OF the Legislature will
march In PROCESSION the state House, bearing tho
certificates Of election given by tho Secretary State,
and headed by the delegation from Edeencld ana Lau-