The Sun.
London, England, 1867-01-30 00:00:00

The Case of L. P. Mil igan.

On the sth Oct., 1864, Mr. Milligan, a citizen of
Indiana, where he had resided for 20 years, was
arrested, by order of General HOVEY, tried by a
military court on the' 21st of the same month, and
sentenced to be hanged. The prisoner was arrested
by virtue of an Act of Congress giving the PRESI-
DENT power to suspend Habeas Corpus wherever
the public safety required. During the period that
MILLIGAN was imprisoned the Courts of the State
had met, performed their functions without any bill
of indictment being found against him, and ad-
journed. The prisoner, after applying to the Cir-
cuit Court in Indiana, referred the case to the
Supreme Court. Congress had deputed to the
PRESIDENT by the Act March 3, 1863, the power
of suspending the Habeas' Corpus wherever he
deemed it necessary. But that power gave no
right to try a citizen, arrested by military authority,
by a court-martial. The questions submitted to
the Supreme Court were as follows :

" First. On the facts stated in the petition and
exhibits, ought a writ of habeas corpus to be issued?
Second. On the facts stated in said petition and
exhibits, ought the said Lamdin P. Milligan to be
prayed g?
e d
T Third. from
Whethernus to
dy
paso n itnh e saidfacts petition
stated in
said petition and exhibits, themmainlintaerryancodmfmorimssioasn
mentioned therein had jurisdiction legally to try
iann d
said sentencep eatriteiotsn h aeiadnMilligan
exhibits
is stated."
These in
Constitutional
provisions affecting
the case :
" Article 111., section 3.—The trial of all crimes,
except in cases of impeachment, shall be by jury ;
and such trial shall be held in the State where the
46 Amendments—Article s.—_No person shall be
said crimes shall have been committed. . . .
held to answer for a capital, or otherwise infamous,
crime, unless on a presentment or indictment of a
grand jury, except in cases arising in the land or
naval forces, or in the militia, when in actual service,
in time of war, or public danger.
Articleshall6.—ln all criminal prosecutions, the
accused enjoy
the right to a speedy and pub-
lic trial, by an impartial jury of the state and
district wherein the crime shall have been committed,
which district shall have been previouslyascertained
by law; and to be informed of the nature and
cause of the accusation ; to be confronted with the
witnesses against him ; to have compulsory process
for obtaining witnesses in his favour ; and to have
the assistance of ceunsel for his defence."
The nine Judges composing the Court unani-
mously held that trials of civilians by military
courts, whore the civil tribunals were open and un-
obstructed, is unconstitutional, Not only was the
opinion unanimous, but it was expressed in the
strongest language. The Judges said—

" The constitution of the United States is law for
rulers and people equally in war and in peace, and
covers with the shield of its protection all classes of
men at all times and under all circumstances. No
doctrine involving more pernicious consequences
were ever invented by the wit of man than that any
of its provisions can be suspended during any of the
great emergencies of Government. Such a doctrine
leads directly to anarchy and despotism ; but the
theory of necessity on which it is based is false, for
the Government within the constitution has all the
powers granted to it which are necessary to preserve
its existence, as has been happily proved
result of the great effort to throw offits just
authority." by
.the

There was no difference of opinion whatever
among these nine leading lawyers of the United
States on the main questions at issue. But a dif-
ference did arise on a supplemental question inci-
dentally thrown out by the majority of the Court,
that Congress cannot constitutionally authorise the
trial of civilians by military courts where the civil
courts are open. Against this opinion Chief Jus-
tice CHAsit dissented both on his own behalf and
and that of Justices WAYNE,
SWAYNE, and
MILLER. All agreed that where Civil Courts
•
are actually closed, and cannot administer
justice by reason of foreign invasion or civil war,
until the laws have again free course, military
power can lawfully be exercised over civil cases.
The minority, however, contended that Congress
may authorise trial of civilians by a military com-
mission, in case of conspiracy or civil war ; and
that, had it authorised the trial of MILLIGAN in
Indiana, that trial would have been legal. But
Congress had not authorised such trial in Indiana,
and therefore MILLIGAN'S case was illegal. The
Supreme Court could put no other construction on
the Constitution of the United States than it has
in this case, and their decision has been dictated by
the simplest rules of legality and common sense.
The decision, however, has excited the deepest in-
terest throughout the United States, as it is con-
sidered to be a check on the course taken by Con-
gress. Mr. TIIADDEUS STEVENS made an ill-advised
speech in Congress, denouncing the Supreme Court.
Although Mr. STEVENS may have had good grounds
for the fears he expressed, that the result of this
decision in the South would be to unsheath the

dagger of the assassin against the loyal Union
men, yet the law and Constitution of the
United States, must be applied at all hazards
and through all trials. The Constitution
of the country cannot be cut and patched to suit
the temporary exigencies of any party, or it will
quickly be rent to shreds. It may be very incon-
venient for the Constitution to stand in the way of
the designs of any party, however dominant may
be their principles in the minds of the people.
Where the Constitution, however, clearly bars the
way, another path must be sought. The principles
of the Constitution which have guided the Judges
of the Supreme Court in their decision are
founded in everlasting justice and expediency,
while the plans they baulk are but the exigencies
of the day. A law-loving nation bows to the law-
ful decision, whether it chimes in or not with their
own cherished hopes and aspirations. We have
little doubt—though the diflicHlties of governing
the South may be increased for the time, by this
ruling of the Supreme Court—that the nation will
accept it with little demur, and shape its policy in
accordance.—Anglo-Amtrican Timm

Game Laws in the United States.

-0- -

The Farmer has published extracts from the report of
the Minister of Agriculture in the United States, with
reference to the game laws which prevail in different
parts of the Republic. The admirers of American
institutions and denouncers of the English game
laws as badges of feudal servitude will be interested
in observing how they manage these* things in a
democratic country. In most, if not all, of the States
the rights of property are fully respected in regard
to game, and fines are imposed for killing game on
any land without the permiSsion of the owner. Pre-
serving is so far from being regarded as a crime
that special enactments are made for its encourage-
ment. In regard to the different kinds of birds to
which protection is extended the American laws
are much more comprehensive than our own. The
small birds, such as sparrows, thrushes, larks, lin-
nets, curlews, &c., down to robins and wrens; which
have been almost utterly exterminated in France,
as the farmers are now discovering to their cost
since a plague of insects has set in, and on which,
in our own country, "sparrow" and other clubs
wage such cruel war, are all protected in the States,
some during part and others during the whole year.
The following passages from the official report will
give an idea of the nature and scope of the Ameri-
can regulations :
" The penalties for the violation of the Massa-
chusetts Bird and Game Laws are as follow : —Two
dollars each for killing at any time robins, thrushes,
linnets, sparrows, bluebirds, bob-o'-links, yellow-
birds, woodpeckers, or warblers; the same for kill-
ing birds on salt marshes, the owner excepted ; five
dollars for killing partridges or quail between March
1. and September 1, and woodcock between March
1 and July 4; five dollars for trapping or snaring
birds at any time, save partridg.s ; twenty dollars
for killing grouse or heath-hen at any time, and ten
dollars *to the owner of the grounds, and a search
warrant authorised for any one suspected of the
offence ; and twenty dollars for hunting deer with
hounds or dogs in Plymouth or Barnstaple counties.
There is a fine of one dollar for killing between sun-
set and one hour before sunrising any plover; cur-
lew, dough-bird, or chicken-bird. Any city or
town may vote to suspend, within its limits, any of
the provisions of this law.
" In Connecticut a fine of three dollars is imposed
for killing, selling, or possessing, or destroying a nest
of eggs of woodcocks between the first day of
February and the first day of July ; pheasants, par-
tridges, or ruffed grouse, between the first day of
February and the first day of September ; quails of
any species, between the first of February and the
first of October ; wood duck, widgeon, black, grey,
broad-bill, canvas-back, or teal duck. The fine is
one dullar for killing, or trapping, a nightingale,
bluebird, Baltimore oriole, finch, thrush, lark, spar-
row, catbird, wren, martin, swallow, or wood-
pecker, at any time, or ;a robin or bob-o'-link, be-
tween the first- of February and the first of Sep-
tember. The taking of brook or lake trout
between the first of September and the first of
January is fined, one dollar. -It is also forbidden,
under a penalty of ten doliars, to take pheasants,
partridges, ier quails, on the land of any other per-
son.

" The laws of New York, both local and general,
relative to birds, and other game, are numerous,
and frequently modified OP suspended. By the re-
cent law, insectivorous and other birds are protected
between February 1 and October. The fine is
placed at five dollars for each woodcock, between
January 1 and July 4 ; ruffed grouse, between
January 1 and September 1 ; quail, between
January 1 and October 20 ; wood, black, grey, and
teal duck, between February 1 and August 1 (ex-
cept upon the shores of Long Island). It is for-
bidden to catch quail or ruffed grouse with a snare
at any time ; and it is unlawful to take prairie fowl
within ten years, under penalty of ten dollars for
each one killed or taken. Five dollars each is the
penalty for taking trout between September 1 and
March 1. Deer are prohibited game from February
15 to August 1 in all counties except Clinton, Frank-
lin, St. Lawrence, Jefferson, Lewis, Herkimer,
Hamilton, Essex, Warren, Fulton, and Saratoga,
where the prohibition is taken off only in October ;
and in King's, Queen's, and Suffolk, where Novem-
ber is the only month for their pursuit. The fine in
the last-mentioned counties is 25 dollars each. For
fishing, except with a hook or line, in certain inte-
rior lakes, the fine is 25 dollars. A similar penalty
attaches to trespass in fishing after public notice has
been given."
In Pennsylvania, in addition to the protection
afforded to pheasants, woodcock, and partridge,
there is a penalty of five dollars for each rabbit
killed during the breeding season, or from February
1 to October 1; and in Delaware the laws are strict
and the penalties heavy, amounting in some in-
stances to 100 dollars. In Ohio " exposing for sale
or having in possession incurs the same penalties"
as for killing certain specified birds and animals,
including hares and rabbits, " and the costs of pro-
secution are in all cases to be paid by the offen-
der."—Pall-Illall Gazette.

HEALTH OF LONDON.

(From the Registrar-General's Return.)

In the week that ended Saturday, Jan. 26, the
births registered in London and 12 other large towns
of the United Kingdom were 4,430 ; the deaths re-
gistered, 4,141. The annual rate of mortality was
35 per 1,000 persons living.
In London the births of 1,160 boys and 1,077
girls, in all 2,237 children, were registered in the
week. In the corresponding weeks of ten years
1857-66 the average number, corrected for increase
of population, was 2,153.
The deaths registered in London during the week
were 1,880. It was the fourth week of the year, and
the average number of deaths for that week is, with
a correction for increase of population, 1,641. The
deaths in the present return exceed the estimated
number by 239. _ .

The deaths registered in the last three weeks end-
ing Jan. 26 amounted to 5,485, while the deaths of
the three preceding weeks ending Jan. 5 amounted
to 4,250; and the difference is 1,235. Now the
mean temperature of the three cold weeks ending
Jan. 19 was 30.2 deg. ; of the three mild weeks
ending Dec. 29, 42.9 deg. ; leaving a difference of
12.7 deg. So every degree of depression over three
weeks corresponded nearly to 100 deaths in London.
The excessive number of deaths is thus distributed
over five ages : 164 at ages under 20 ; 123 at 20--
40 ; 312 at 40-60 ; 531 at 60-80 ; and 105 at the
age of SO and upwards. When the deaths are com-
pared with the numbers living at the corresponding
ages, these results are obtained : to 100,000 persons
living at each of the five ages, the deaths were 12 at
0-20, 12 at 20-40, 56 at 40-60, 297 at 60-80,
and 888 at the age of 80 and upwards. As age
advances after childhood, the power fails of produc-
ing the internal warmth by which life is upheld. So
while youth and vigour enjoy the frost age and
feebleness perish.
The mortality was raised by the severe weather in
all the large towns.
The annual rate of mortality last week was 32
per 1,000 in London, '32 in Edinburgh, and 43 in

Dublin ; 35 in Bristol, 28 in Birmingham, 41 in
Liverpool, 48 in Manchester, 40 in Salford, 31 in
Sheffield, 29 in Leeds, 30 in Hull, 43 in Newcastle-
upon-Tyne, and 42 in Glasgow. The rate in Vienna
was 30 per 1,000 during the week ending the 19th
inst., when the temperature was 61 deg. Fahren-
heit higher than in the same week in London, where
the rate was 29 per 1,000.

Nine water companies state that they supplied
London on a daily average with 91,054,159 gallons
equal to 427,331 cubic metres, or about as many
tons by weight. This was nearly a ton of water, or
a cubic metre to a house. Dr. Franklin's careful
and impartial analysis shows that the solid matter
in 100,000 parts of the waters ranged from 3F34
(Chelsea) to 39.40 (Kent) ; the organic matter from
0.69 (New River) to 2.64 -(East London). The
waters, except those of the New River, were turbid
when drawn from the mains.

At the Royal Observatory, Greenwich, the mean
height of the barometer in the week was 29.652 in.
The barometrical reading increased from 29.31 in.
on Thursday to 29.97 in. on Saturday. The mean
temperature of the air in the week was 37.2 deg.
below the average of the same week in 50 years (as
determined by Mr. Glaisher). The highest day
temperature was 54.5 deg. on Thursday. The
lowest night temperature was 22.0 deg., on
Tuesday. The entire range of temperature
in the week was, therefore, 32.5 deg. The
mean of the highest temperatures of the water of the
Thames was 32.8 deg. ; that of the lowest was 30.8
deg. The difference between the mean dew-point
temperature and air temperature was 4.8 deg. The
mean degree of humidity of the air was 82, complete
saturation being represented by 100. The direction
of the wind was variable. Rain fell to the amount
of 0.35 in. On Tuesday, at 730 p.m., the tempera-
ture then being 23 deg., a remarkable shower of
rain commenced to fall, and the drops as they
were deposited on the surface were instantly frozen.
The temperature then began to increase ; by 9 p.m.
it was 25 deg., by 10 p.m. 30 deg., and by midnight
33 deg. Throughout the whole of this time
occasional showers were noticed, and the surfaces on
which the rain fell became thickly coated with ice-
After midnight a very rapid thaw began. According
to a return furnished by the engineer of the Metro-
politan Board of Works the average daily quantity
of sewage pumped into the River Thames at the
southern outfall works, Crossness, was 57,865,359
gallons, or 262,000 cubic metres, equivalent to about
as many tons by weight.
The Registrar-General has to acknowledge the
courtesy of the London Water Companies, who have
furnished him with the average daily supply of water
supplied for the month of December, 1866: thus,
according to their account, 427,331. cubic metres of
water, equal to about as many tuns by measure,
tons by weight, were supplied daily, or 975 litres,
rather less than a ton by weight,were supplied daily,
or 975 litres, rather less than a ton by weight, to
each house, and 139 litres (equal to 30.7 gallons)
to each person.

The Reorganisation of the Spanish Army.

-f-

MADRID, Jan. 25.
The text of the Royal decree for the reorganisa-
tion of the Spanish army is as follows :
" In conformity with the recommendation of the
Minister of War, in concert with my council of
Ministers,
" I decree the following :
" Art. 1. The strength of the army of the Penin-
sula will be in future 200,000 men, divided in the
following manner :
" 1. The permanent army.
" 2. The first or active reserve.
" 3. The second reserve.

" Art. 2. The permanent army will consist of the
force which, in accordance with Art. 79 of the Con-
stitution, may be annually designated by the Cortes
upon my proposal. The first or active reserve will
be composed of all persons belonging to the army of
the Peninsula who, without reckoning four years of
active service, shall have exceeded the number of
years fixed by law for the permanent force. The
position of these persons will be that of soldiers upon
six months' furlough without pay. The second re-
serve will consist of all those belonging to the army
of the:Peninsula -who, proceeding from the recruits,
shall have had four years' effective service, only
excepting those who at their own request or for
the convenience of the service may be allowed to
remain on the active list. Nevertheless, until the
new plan shall have commenced to come into effect,
and in order to observe the proper proportion be-
tween the active army and the reserve, my Govern-
ment may anticipate the period of passing into the
second reserve, even before the completion of the
four years of active service, in the case of that
number who, between the permanent army and the
first reserve may exceed 100,000 men.
6, Art. 3. Upon the entry of individuals into the
second reserve their respective corps will remain de-
finitively reduced. They will return to their homes
upon unlimited furlough, and will be permitted to
change their residence, as may be required by their
trade or business upon making representation to
that effect, and obtaining written permission from
the chief of the provincial commission.

tt Art. 5. The permanent army will perform their
military service in the form prescribed by my Go-
vernment. The active reserve may only be called
out wholly or partially when my Government may
entertain apprehensions based upon events abroad,
which may render it expedient to establish an army
of observation, or when public order may be seri-
ously disturbed in the interior. The Government
will subsequently render account' of such measures
to the Cortes. The second reserve cannot be called
out or placed under arms, without the Goverment
being authorised by a special law. In any case all
persons belonging to either reserve who may not
present themselves for service in compliance with
the legal summons will be tried by the military laws.
" Art. 6. The permanent army and the reserve
having completed the eight years of service conjointly
obligatory upon them, will be entitled to absolute
discharge.

" Art. 8. The existing cadres of the provincial
militia are abolished, and the commands of half bri-
gades in the militia of the Canaries are suppressed.
" Art. 9. The posts of fiscal commandants of bat-
talions and captain secretaries of colonies are also
abolished.

" Art. 10. Third battalions are created in the pre-
sent 40 regiments of infantry, consisting in time of
peace solely of the generals and officers in the num-
ber and proportion that may be determined. These
cadres will form an effective part of those regiments,
will perform the duty assigned to their rank, and
replace the officers indefinitely or temporarily absent.
" Art. 11. Permanent commissions, consisting of
a major, captain, and lieutenant, will be established
in the capitals of the civil provinces. (The remain-
ing eight articles of the decree refer to various mat-
ters of detail connected with the execution of the

above measures.)
" Given at the Palace, 24th January, 1867.
" Signed by the Royal hand.

" The Minster of War, Ramon Maria Narvaez.

The Ministerial preamble to the decree, after
adverting to the general tendency towards the
creation of large reserves which has prevailed in
Europe since the last great war in Germany, says—
" Although Spain has based her policy upon her
position as a continental power with great provinces
in Asia, Africa, and America—a policy which .con-
sists In maintaining peace and amity with all na-
tions and in which she will certainly never fail of
her own will—yet she can neither separate herself
from this preventive movement now extending
throughout Europe nor abandon to chance the main-
tenance of her policy by which she can alone ad-
vance her legitimate interests. It is certain that our
geographical position in the extreme west of Europe
and the topographical conditions of our soil, very
irregular in its surface and naturally defended, re-
moves from us in great measure the probabilities of
war, and also relieves us from great expense in the
event of having to defend it. . . If our financial
circumstances did not counsel the reduction of the
permanent army to a point which would hardly
have sufficed to meet peremptory military neces-
sities, it would be sufficient to double it by a reserve
of equal strength ; narrow, but reduced to such
limits so small a reserve would not meeet the pre-

partitions required at the present, and which are
rendered incumbent upon us by the great armaments
of other nations. The Consultative Junta of War
and the military (authorities consulted by the Go-
vernment agree that the total strength of the per-
manent army and the reserve, cannot be fixed
below 200,000 men in time of peace, considering
the military condition of Spain and the state of
Europe. The opinion is shared by the Government
and has formed the basis of its calculations."

The Minister proceeds to state thot 100,000 men
will be adopted as the extreme limit of the standing
army, and that this effective may be reduced accord-
ing to circumstances by the annual vote of the Cortes
upon the force of the standing army for the year.
" Drawing by lot will be adopted for all the
services ; that is to say, the standing army, the re-
serves, the civil guard, the marines, the naval ser-
vices, and the colonial armies. It has been shown
that the annual recruitment cannot be fixed below"
43,000 men. If this should appear excessive and
onerous, it must not on the other hand be forgotten
that instead of being eight years under arms as 0
present, he will only serve four years ordinarily in
future, while the second reserve will only be called
under arms when no available citizen would oz could
exempt himself from service."

COUNTRY MARKETS.

LIVERPOOL-TUESDAY.

At this market there was a fair attendance of the town
and country trade, but little disposition to do business.
Wheat and flour may be quoted 3d per 100 lb. and is per
sack and barrel lower, with little doing at the decline. In
oats a decline of id per 451 b., and in oatmeal of is per
load may be noted, and sales very limited. Barley, beans,
and peas were each rather lower, and neglected. Mixed
American Indian corn, with more offering, was obtain-
able at 41s 6d per 4901 b., but fine white white brought
42s 6d per 4801 b.