Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1864-09-24

writ Of habeas corpus. IL was ordeted THAT. do
ring the existing insurrection. and AZ neces
sary measure for suppreseing the same. all rcb.
els and insurgents, theft aiders and abettors.
within the United States. &c. shall be subiec,
TO martial law and liable 10 trial aud punishment
by courts martial ot military commission. -
Without stopping 20 enquire whether the procla
nation was authorized. aud II so. whether Il EN-
htsced persons charged with committing a sub.
eantlal oiiensc within State not In iasurrec
zion aud where the courts are In the full sser
ciso OF its powers. the defendan claims that u
has been superseded by the act Of Congress OF
the ID of March, 1868, Vol. ~. Statutes at
large. us. relating 90 the writ Of habess corpus
aud the Presidents proclamation, based thereon.
OF the 10Th of September, 1861
The FIRST section OF the act OF 1863 authorizes
the President 10 suspend the writ OF habeas cor
pus. The second requires the Secretary of State
aud OF War To report 10 the Judges Of the L >.
Circuit and District Courts the names of all per,
sons held In military custody. by order of the
President. Ia their respective districts aud II ths
Grand Juries OF the proper districts fail n find
bills. u i made the duty OF the Judges TO have
all such persons discharged on taking the oath OF
allegiance aud giving bond. N required
The third section provides that all persons so
held aud not reported shall be entitled to dis.
charge IN the same manner as l. provided In the
second section. alter failure on the part OF the
proper Grand Jury 10 indict them
Here are all the sections OF this act which
bear on the question. and II will be seen that
while they contemplate and sanction military
rests, they do not cOunlenance or authorize mil
itAry trials On the contrary, they fairly dis
couotenance them.
The Presidents proclamation, based on this
act, limits the suspension Of the habeas corpus
persons amenable 10 military law, or 20 the rules
and articles OF war sc. No order il contained
In this proclamation In regard to trials. and the
inference u irresistible that the proper courts are
left to act under the rules of law upon that sub.
ject, and these are toe we'll defined TO require
comment Civil courts try ofienses against the
Law committed by citizens. Military courts and
commissions try such ms are subject 10 the rules
aud articles of war. and the defendant claims
that he does not fall within that class.
>. The recent act, giving military courts juris
diction OF offences against the civil laws When
committed by soldiers, excludes citizens by It's
silence from any such jurisdiction, and leaves
them 10 be tried by the civil courts for all such
offences. (See Rev. Reg 1863. p. Sal
The defendant further desires the commits
sion 10 consider this question in determining that
of the jurisdiction, viz: Can the sentence of this
commission be pleaded in bar TO prosecution
upon indictment for the offences charged in the
civil courtsy IL would seem not, in view OF the
| recent legislation OF Congress already cited.
That legislation clearly giveshi m jurisdiction OF
this case TO the civil courts, and upon their fail
nre TO try and convict him. entities him to be
| be discharged. either upon terms absolutely.
| In view of these considerations the defendant
respectfully submits that he Is not triable by this
| commission. not being within the jurisdiction
thereof, or of any other military tribunal what
| ever.
All OF which is respectfully submitted
HARRISON II. Dom.
The Judge Advocate Major Burnett replied.
| He reviewed the argument of defendants counsel,
maintained the jurisdiction OF the Court. and con
! cluded a. follows:
Il submit that while the rights and liberties OF
the citizen are in all cases 10 be held most sacred
and inviolate. we are not. in our admiration OF
that general principle to lose sight of that higher
and still more sacred duty of protecting the life
and liberty OF the nation. | might say of the
lives and Liberties OF the millions who compose
that nation. Let us not. in an attempt TO protect
the forms of the Constitution sacrifice its life.
! What is that Constitution worth 10 this land
if the nation be DESTROYED which is its lieg
Shall we, in our fear of interfering with the
forms of that constitution hesitate to stop the
wound that is bleeding its life away There is
something beyond the rights of single individu-
| al-something more sacred than is personal lib
| erty, when that liberty can be shown to have
been used to imperil the life of the nation-and
that is the lie aud liberty of the millions of loyal
citizens for whom this government was estab
shed, and by whom. with Gods help. it will
ever be upheld
Upon the conclusion of the udge Advocate :
argument. the Court room was cleared.
Upon the opening Of the doors il was
nounced that the defendants protest plea
against jurisdiction had deem overuled and that
the trial would he proceeded with.
The Cogrt thereupon adjourned until Tuesday
next at , p NJ.