New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-07-29

Of an army any act in that capacity.
can he exsmped reviewed. and punished BY the civil
osOi.,rs,e In time of war. then the power Of com.
mander Of an army is gore forever.
nr citizens have been SOLICITORS 10 preserve our lib
critics that some of them In pursuit of trial by jury the
ereat palladium OF liberty have forgotten that II does
moi anny 10 the government OF army. nor Of mill
ry r;.ric, willie in state Of war but relates cnlS TO
tho Government of a civil community at peace
Imight here rest the case; but II may be proper 10
mention erc are some circumstances surrounding tho
,rbec, which render il peculiarly improper FOX the civil
magistrates to attempt to interfere IN tins particular
case.
these newspapcrs were published in 9 city in which
less than one year ago all authority both OWL sne
mii,ar was for somc days entirely overthrow by an
armed mob TO which many independent facts show
that ,Ie Rebels looked for aid and comfort and which
oh did eec,ualy aid aud comfort the Rebels at time
when an invading force Of their army powerful by it,
Numbers and means Of assault actually. for time.
,brs.teped the overthrow of the National Capital. II
they did not nso contemplate tho seizure Of this great
metropolis That mob opposed tho soldcry OF the
National Government. and murdered in cold blood
nany OF those soldiers and their officers.
That mob melted to act less by secret agents
than BY their own misguided passions there are facts
which put this beyond reasonable doubt, ard it would
DO easy to show that articles published In those veiy
newspapers and others OF kindred character had also
powerful tendency to produce the riot. Day By day,
for more thnn year past those newspapers yoeemed
not only with the most violent invecyes against The
administration Of the Government and The aduiEistrn
ton of the Army. but with articles the manifest pur
pose OF which was TO embarrass the Government as
much as possible in its conflict With the public enemy
And on the very day which they seized. they
each published forged paper purportng tn be Proc'a
nation BIS the Commander in { hief OF tho Army OF
sach character to have inevitably injurious effect
on the Army and the credit Of tho Govern'
| mest which was thcn seriously impaired by the
constant attacks made upon In the newspapers which
were thus seized. The entire management VI those
papers, but especially the day which they were
seized tended to give aid and comfort 10 the enemy
and maniiestly "adlrti to" their cause If not &c
them"
| They say the proclamation was not known TO be
forged II snces for the OF the representative o
the Government to soy that other pepper Published IT,
Al the other editors discovered its character; and IL
these did not they should BE- treated persons man
aging dangerous machine without skill to conduct IL
with safety to the commonwealth.
Now under such circumstances, maintain that II
was not merely tho right OF the Commandcrn-Chio
to arrest the editors aud seize the papers but that he
would have been derelct 10 duty had hs not dene &c.
They were manifestly "aiding and comforting" The
Rebels Their editors, not Gen. Dix, should be placed
on their defense.
But it Is said that the act was in conflict with N,
clanse forbiddng the Government TO deprive any per
Of life liberty or property. without due rroccs "a
law have already attempted TO show tia, this clause
does not prescribe rulo for Commander inc hef 81
an army IN tiue Of war; bat TO the administration
civil government In time Of peace That this true Is
clear from its language. II relates criminal prosecu
ton in court before judge sitting peacefully In ths
due administration ofhe law ia tho usual course Of jus
tice. II breahes air OF peace and security 1t iH
plies. at least that civil court could SIT and admnLcr
justice. Could such court be held IN O camp, Coul
it be possible TO bring every spy before II,
1t obviously Is provision 10 be enforced Ia time o.
peace and not amid the clash Of arms. "a
Perhaps slight examination Of the history Of u,
clauses "due process Of law and trial By his peers
may not be ont Of place.
The clause Is taken by - from 90 Oh. Mag. Car.
where We read "Nulu- libcr homo eapia,ur vel i'm
prisonetar nil per legae JadIciun pariuu
suorum rel per lesem terrc" which may he translated
NO free non sAsH be orrS,d iprisoasd uHi,ss h
he iopfi jESneAt ofLis pers by is is Of hs iSud
This clause. in substantially tho same words II tansla
ton il contained In tire Consultation Of the several
States and OF the United States In tie q Mag. Car
II is found In connection With promise not 10 scl jus
tce &C. and was part Of the grant originally nsde b'
King John 10 his rcbelous Barons in The plain
Of Runnymede. Tho clause Is, however, dri found II
an ordinance Of Conrad. Emperor Of Germany. abcui
III years prior 10 TINT time. II IS soemn promise b.
the Sovereign 10 his subjects not 10 imprison without
: trial by Jury. 1t Is not quite apparent how thu
clause is applicable 10 the state q citNen'
In republic hat L need not Iemars OF
the ncongrriiy here Was tLat promise eyci
kept. however. In England or America. In peace No
1t was not observed in form either England On
here. There arc than hundred statutes Of h'
Colony and state Of New. York authorizing suHnar,
convictions without jury trial. and Imprisonment, OF
conviction OF such description all tho statutes nj
to punshing yagrancy ond petty arcony. So. too III
statute allowing the Mayor TO punish csTtmen for div
ing without license. Tie carlman on complaint II
brought before tie Mayor. and, II guilty Is convicted
and either fnN Imprisoned in The Tou.bs porhAI
both L. the imprisonment any the les real when i
proceeds from the order Of the Mayor than when al
thoriIcd BY a conviction based on a verdict fsn,l
NOT.
70. too in England the books gro filed with ccse
Of imprisonment for violation q the privileges Of th
House OF Commons, by summary proceedings In tha
body without any trial by jury or authority Of specia
statute. 30, too, panshInent- for contenpt'
by order Of the Chancellor without tle Intervention
jury. But the Statutes OF England au,horizs man
such arrests and mprisonments by local magistrate
Take one for eNampo--the Hen. T. % laborers
pDoyidcs that every man found without employment
and who refuses 10 labor for small fixed sum per diem
shah 10 stmirariiy convicted By magistrate withor