Ex parte Yerger
Encyclopedia
Ex parte Yerger, 75 U.S. (8 Wall.) 85 (1869), was not heard by the Supreme Court of the United States
; it was a habeas corpus
case that became moot when Yerger was released before the court ruling.
In 1869 Edward M. Yerger stabbed to death Maj. Joseph G. Crane, who was the acting mayor
of Jackson, Mississippi
. Military authorities arrested Yerger and placed him on trial before a military commission. During the trial Yerger sought a writ of habeas corpus from the circuit court
under the Judiciary Act of 1789, and, when the court denied him relief, he appealed to the Supreme Court. The circuit court upheld the military tribunal's jurisdiction
over the proceeding under the First Reconstruction Act of 1867.
Chief Justice Chase held that while the United States Congress
had enacted legislation in 1868 eliminating one route to a habeas corpus hearing before the court, the court could still hear cases of a similar nature under its appellate jurisdiction under the Judiciary Act of 1789
. Chase concluded that the court had jurisdiction to hear the case and the power to direct its writ
at a military officer. At this point the attorney general
and Yerger's counsel worked out a compromise in which the prisoner was turned over to civilian authorities for prosecution in Mississippi. The court was not actually forced to confront Congress on issues involving Reconstruction, and Congress in turn abandoned plans to completely abolish the court's appellate jurisdiction in habeas corpus cases.
Yerger was placed in a Mississippi jail, but released on bail and quickly moved to Baltimore
, where he died in 1875, never having been tried for murder.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
; it was a habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
case that became moot when Yerger was released before the court ruling.
In 1869 Edward M. Yerger stabbed to death Maj. Joseph G. Crane, who was the acting mayor
Mayor
In many countries, a Mayor is the highest ranking officer in the municipal government of a town or a large urban city....
of Jackson, Mississippi
Jackson, Mississippi
Jackson is the capital and the most populous city of the US state of Mississippi. It is one of two county seats of Hinds County ,. The population of the city declined from 184,256 at the 2000 census to 173,514 at the 2010 census...
. Military authorities arrested Yerger and placed him on trial before a military commission. During the trial Yerger sought a writ of habeas corpus from the circuit court
Circuit court
Circuit court is the name of court systems in several common law jurisdictions.-History:King Henry II instituted the custom of having judges ride around the countryside each year to hear appeals, rather than forcing everyone to bring their appeals to London...
under the Judiciary Act of 1789, and, when the court denied him relief, he appealed to the Supreme Court. The circuit court upheld the military tribunal's jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
over the proceeding under the First Reconstruction Act of 1867.
Chief Justice Chase held that while the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
had enacted legislation in 1868 eliminating one route to a habeas corpus hearing before the court, the court could still hear cases of a similar nature under its appellate jurisdiction under the Judiciary Act of 1789
Judiciary Act of 1789
The United States Judiciary Act of 1789 was a landmark statute adopted on September 24, 1789 in the first session of the First United States Congress establishing the U.S. federal judiciary...
. Chase concluded that the court had jurisdiction to hear the case and the power to direct its writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
at a military officer. At this point the attorney general
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
and Yerger's counsel worked out a compromise in which the prisoner was turned over to civilian authorities for prosecution in Mississippi. The court was not actually forced to confront Congress on issues involving Reconstruction, and Congress in turn abandoned plans to completely abolish the court's appellate jurisdiction in habeas corpus cases.
Yerger was placed in a Mississippi jail, but released on bail and quickly moved to Baltimore
Baltimore
Baltimore is the largest independent city in the United States and the largest city and cultural center of the US state of Maryland. The city is located in central Maryland along the tidal portion of the Patapsco River, an arm of the Chesapeake Bay. Baltimore is sometimes referred to as Baltimore...
, where he died in 1875, never having been tried for murder.