The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1863-07-10

grand j,-. 81 trial 81 Pctif my
We have the response OF tame congress
10 that proclamation. If THAI be their
response wha. bail be onrs. N
That act of cAgress was bss1 on the
proclamation, az wh es3tx Vail 4diehkn
was arrested, Bisnsi4 Al the resid ht
himself set thai pct s. ID anceN no. pn-
ly the cons,ituiisn of4he Uni a Stifes
bnt this very sct nf hhss u coaf yes, AID.
committed 'the outage Of a punishment
not know 10 American law. That act
was passed By his own congress, An act
for his own aid --......-..--
You will notice that in that proclama-
ton all civilians are subjected to trial be-
fore courts martial forsalI political offences :
so that the whole body Of the people, are
!iatls under the provisions of that procia-
nation to be dragged before courts marti-
al aud there tried for all political offences.
II you ask me, can the outrage go
furtheri answer it has gone fur,ber.-
The last session of congress passedntliis
act also. That ia time of war. insurrec-
tor or. rebellion, murd,r. ASSAULT and
battery with intent 10 kill, manning,
wouncing by shooting or stabbing with
intent 10 commit murder, robbery, arson
burglary, rape, assault and battery With
inteLt to conmit-rape and larceny. shall
be punished by the sentence of general
court martial or military commission,
when committed by persons who are in
tie military service Of he1dUnitesl States
and subject to tie articles of the war" p.
There is the twin crime. II we COM
NIT political offence, commit treason if
You will, the highest of all offences but
an offence unknown to the law until it is
adJudged upon by. a constitutional tribunal
murder, arson, and other offences not
known to the law, disloyal practice
which a. phrase in itself is a contempt
upon the constitution Of the United States
we are to be tried by military court
martial. s5t groL
If soldier commits murder. robbery.
or burglary in our midst, how is he tria
be! BY court martial only! The or
binary law cannot reach him. This is
not dead letter. A lieutenant think
in Sangammon county, Illinois, commit
ed homicide lie was arrested brought
before magistrate and committed to
trial for murder. lie was taken from
custody by file of soldiers, went through
some form Of tria! by Court Martial, was
discharged, and without any legal trial or
arquittal, he walks abroad 10 dav with the
blood Of his victim upon him. So are all
the crimes mentioned j.: y. u =. Get Of Cor
gress, triahle, if it were constitutional,
which thank God it is not. Republicans
may say that it was only meant to cover
military offences; that these murders,
robberies, burglaries, only meant military
crimes in Disguise, and that when military
they should be tried by Court Martial
When did rape become military offence,
| always thought rape essentially nnmlita
ry, essentially unpolitica', essentially SEX
ual. In the streets of Milwaukee 10 dav
soldier may kill any one of YOU. com
init burglary in your house, violate your
wife, and yet by this act of Congress
grand jury may MT indict him, a petit
jury may not try him. He is amenab.e
only t. Court Martisi. Ia a.. 49, u.
| have thus shown you that almost the
whole criminal Jurisprudence of the coun
try has been vested in military tribunals
BY the Presidents proclamation all polit-
ical offences Of civilians, by the act Of
Congress about all offences of soldiers
Soldiers are emancipated from the au-
thoriiy of civil tribunals, and civilians are
subject TO Court Martial, both in viola
ton OF the constitution. .sr
One would have said that constitutions!
outrage could go no further. One would
have supposed that here the theory Of
military despotism was compete. But
tho last session of Congress have hc
ingenious in evil. They have devised
higher constitutional outrage. They de-
''se" ana f"ssCCu this enactment, "that
any ,rder Of the PRESIDENT or under his
authority, made at any time during the
existence of the present rebellion, shall
be defence in all courts to any action or
prosecution, civil or criminal, pending or
to be commenced for any search, seizure,
arrest or i'm prisonment, made done or
committed, or acts omitted to be done
under or by virtue o: snch order, OF under
color Of any law of congress-" Our con-
stitutional president then becomes an ire
pressible despot If this act Of congress
be submilted to as law he who swore in
his oath OF office TO protect, preserve and
defend the constitution is despest above
the constitution. All illegal aid uneons.
titational acts Of the president are placed
above tie la% ara substituted for the law !:
not enls his, bat his subordinate's under
his order; and theirs not oaIy under his
order, but under color of any act of con
gress, constitutional or unconsttutional.
not on V the order of the President but
his authority, not only tie acts Of con
gress but their color, the mere shadow of
president or congress, is made a defencs
for every wrong, for every crime, which
stops short If taking life. The civilized
world has read with amazed wonder the
audacitv of Louis the IL! l'a.at c'est moi,
an the state; but what did he claim
for his despotism more than this? -e
What could he claim more than that
his order was above all law above all re-
sponsibiliiv That the order of the Presi-