Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1864-11-05
Columbia County Prisoners.
PROTEST. OF JOHN RANTZ.


John Rantz, one Of the Columbia county
prisoners, who is on trial before Court
Martial in Harrisburg has offered the fo!-
lowing protest against his detention by
military authority and his trial by mill
tary court
10 all the charges and specifications
John Rantz, the prisoner, when in court
Of proper jurisdiction will plead not guilty,
but respectfully begs leave to file the fol-
lowing written plea to the jurisdiction of
this court:
l. The charges involve high and inia-
nous crimes, and the Constitution of the
United States expressly provides that no
person shall he held to answer for a capi-
tai or otherwise infamous crime unless on
a presentmept or Indictment by grand
jury, except in cases arising from the land
or naval forces, or in the militia, when in
active service in time of war or public
danger amendment Court. Art. 81
And again; '1u all criminal cases the
prisoner shall enjoy the right of speedy
public trial by an impartial jury OF the
State and district where the crime shall
have been committed > (Amendmept to
the Const. Art 6.)
These provisions were adopted after
the organization of the Government of the
Unit, States under the Constitution and
for the purpose of placing the trial by
jury entirely beyond the power Of Con.
eress and all other bodies of the Govern.
mcnt. The Constitution, as origionally
adopted, contained the following provis'
ions on the subject : "The trial of all
crimes, except in eases of impeachment
shall be 10y jury and zach trial shall be
' held III the State where such crime shal
have been committed CART. 4, Sec. O..
So Jealous were the people of the right II
question that they repaired the amend
meut quoted, notwithstanding the origiua
provision.
0 The defendant is citizen OF the United
. States and Of the State OF Pennsylvania
not in the land or naval forces or in th
n militia in active service. He is therefor
- not within the exception OF Article 5 o
5 amendments above cited. That excaptio
! does not affect his rights ahy more tia
le if it did not exist. The several provision
le of the Constitution are absolute as to him
/ and ii any constitutional provision ca
y protect q right it would seem that he ougl
- to be protected from trial not in col
le formlty with them. 1t seems that he cal
to not, in fairness, be tried without being pr
IL Sented by a gr@na jury, or tried without
petit jury of the dsStrlcti wherein the q
legged offences were committed.
But it may be said that we are ia
,c state of war; that the writ of habcaS 70
pus is suspended ; aud the provisions
question are under similar suspensions
10 But there is no provisions for the suspe
! zion of any branch Of the Corstitu'ion.-
rs The Constitution indeed authorizes &
Oh suspension of the habsas cOrYuS aet--a la
It, Of the land generally adopted in the Stat
or priorto the Constitution. The 9igM
he Uioi by juTy, whoever, is placed on a d
i. ferent and higher gy0ua6, 1t is secure
ur by these several absolute provisions OF Il
a Uonstitution against all chances and und
Oh all circumstances The fiat that suspen
It must be potent enough to abolish eve
~. principle oil the Constitution, and all the
~. primodial rights that existed before t
.., Constitution and 50 far as human for
nj. sight provide against their invasion, pr
ID tected BY plain constitutional provisions.
o., If il should bo contended then that
ar. power necessary for the suspension Oft
,ra hoJeaS corpus involves in its exercise
Jl- suspension of The right Of trial by jury,
begs leave to say that, in his opinion
cannot, for the following reasons
the lst. The trial by jury is placed by
1o' Constitution among the original resery
r. rights Of the people, and must, in favor
rho natural liberty, be held safe as agai
veil tAe exercise OF any doubtful power uE
re the principle of construction applied
''U constitutions, that grants OF power are
be construed strictly as against the poy
ary and in favor Of liberty.
i'm 2. But being last in point of time anI
ster equal authority with the provisions in
the laton to the suspensions Of hQ6ecs corr
ows the amendments must be held to restr
oyse that provision so far as may be necess
to the perfect enjoyment of the rights
serted 10 the amendments
'yod 3. Simply, however, because they
man amendments to the Constitution, eve
D,,,. : thing in that instrument that may in
view be held 10 impair rights therein