The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1856-11-27

! HifbOus ufncTipSiOn-dDectiug TtpulAtOu, pr
sIiiop. and even life itself
by The law military. the commander iD-ch.ef
Of the AMY Is authorized to promuigate per-
nianent body ot rules Tor the better ordering
and more methodical arranging Of subjects Of
military conecrnme1t; and these rules, when
promulgated become "a part Oh the law, and
are entitled TO the highest respect and the ut
I most Observance.
/ While the American people are justly jealous
Of large standing armies 10 time Of peace, yet
the necessities, M well as the policy Of the
government, require that a military Organza-
ton, commensurate with the wants Of the gov
eminent for the Just and proper protection OF
i's rights and il people, be kept up. For the
purpose Of keeping 10 existence such an organi-
zation.--preseryin subordination-- enforcing
discipline, and securing efficiency in the service,
it bec0mes absolutely necessary that tribunals
Of its own-peculiar 10 themselves differing
widely from tribunals Of civil jurisdiction, should
be established by law and clothed with author
ity sufficient to protect all OF its classes--thc
officer as well Is the private. This necessity
was forcseen by the trainers Of The Constitu-
tion and is provided for in article five of the
amendments to that instrument
Under that clause Of the Constitution, Mill.
tary Courts take cognzance Of such matters
US justly iah w!'hlh lheir competency, ahu pro
eeed against the onehders' according 10 the
language OF the Constitution, by due process
Of law" which terms, applied in reference to
thif subject, may be deemed as convertible
with those Of "by the law Of the land"
am not prepared TO say that trial by Il
Court Martial Of al offence properly within
.nc Jurn''c''o" VI VI" oouf', eah oc P'enoeo
10 par o. an 'ha'c'men' 'or the same ollence, 10
ii oouft " cr'm',ai Jurrsuicuoh' sast,ng un'
"er tne c"h ia"so' government pu. 'hinA
,ua' ~, act oon" oy person. anienaoe 70 'ne
law m'iiitary-dohe IN pursuance oi that law
ana )astinso'c oy that iaw--must be regarded
oy MI tribunals as nm ACT luapao~ ~ fdU.-
ine.eitre the jury a'on'd nnd Una, tht
ho'n'cmT was commute" py ih'ina,y o'"ce'
!" 's' discharge o. fsai military ddty, upon
person aihennoe 70 'he mihta.y law, anu u'f
i of sucn circumstances u.s. oy tne ,hihtary Jaw
rehoers the act J"s'inap'e' f" Whi De your duty
,o,a,' 'e'o'c. " 10. guny'
me 'ne recotd OF the court OF inquiry
4 canhot oe receNco ~ oar u "ai uPch ,n'
INDUCEMENTS III .n's case ". n'ay oc Iecels'
cd ~ e'iuence 'na' 'i'e "ccuseu Perpers.ea In
. ACT eenp'A'neu o. IN pursuance u MS uaty ~
puohc military oiioer' ana ai'oer suea cIcum
. stances A. oy 'he law mihury, rendered YIN
. ACT laStllaoe' ! mink IL que Us q matter
county p'"eeh u,nereht Oouf's' aithohsn Oh
. OF them Dc military triouna', 10 presume ina
. Tie proceedings OF each have been conducie'
according 10 the laws rules and regulations up
Pncaole 10 such tribunal. Ana Tor one 10 y
behind The solemn Judgment OF tte other io'
+ 'he purpose OF ascertainlng whether the pro
ceedings had been 10 s'iict accordance WIN
$ the rules OF law aPpicabie 10 inc case, woai'
:. nc an unwarrahiaoic assumpuon--subversN'
: o. common right, ana destructive 10 indepen
dent separate judicial departments 10 the gov
! efnment.
r me act Tor establishing rules and articles
ior thc government OF the armies OF inc oni
I ts" o'ales' aPProVea aPrl ioth' iooo, pro
:. Vilts, among other things thai
Al Vmcers anu soiuiels VINO nave feeeive'
pay OF nave otn doiy enlisted IN tbe service
o. inc 'hiu" o'hus ana sha'' pe coh'ic'et
b OF having deserted llie same snail Suiier aeah
OF s"en o'hef punishment u.s. oy sentence OF
"Conrt Martial, snail d. inlicled he SAINT
i act provides Tor The punishment oil other oien
ces, such AZ a sentinel sleeping upon his post
ms oheuie Is also made punishable WIN deaii
OF s"eh other punishment ns' ny sentence o'
.onr' Martini snali oe liiDle'eu'
ot'lSug superior oneer OF u,sooeyihs an,
. 'awini command oil his superior ouaeer "a punish
= aols WIN denth or S'ca o'h'r punishment a
9 shau, IRON inc nature OF MS offence. DC ihlic'
J. ca upon nun ny Tue sentence OF court Mar
i 'ihi'
10 my OF IN eases II u court ., eNii Jufs
J. dicuon could eb''re'y disregard the Jaw mili'a
. y and determine what offences should oe pun
!. Isn"o'c ny 'he iaw military ana whether 'he.
shoeia DC punishao'e AZ al ana ,ie degree =
u punishment that should DC lhheteu' what woui'
Q become OF military tribunals In whal "oul'
l. military discipline END Lei The deser'or o
Tue ath''nei upon nus posi-, passing us hours u
seeP, understand mat 'he oliicefs COMPOSING
4 tbs Court that shall sentence hun TO death an'
J, gee his sentence executed, are liable to arrest
1 Indictment ami convection Tor having mus bee'
made Instrumental IN paniShlnga crime know'
> only 10 Tue law military, ana what would NC
come Of your deserter or your careless watch
! man. The desertcr at any tine. would ieay'
G h's post ana langh 10 scorn any ordinary at
A ~mps 10 control nm ana The sentinel disre
4 garding ms duty, might slumoer away III hign
, ed security, The hours that, by solemn duty
arr dedicated TO bis country and his fellows, ant
y untll OIL entrasted 10 hls charge had passed D!
MS neglect or dishonesty into the hands oil al
!. enemy,
: Bat one other subject remains 10 be consider
GU anu 'la' IS ". Jaw ., rnony' S app"'"o"
|, UomiciJs whom nc,,assa,;iy committed !,
, overcoming actual resistance to the execution