Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1864-11-05

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suspension Of the habeaS corpus, nor in
deed by any order of the Executive or
law of Congress. 70 this effect see end
Story on Con-, sees ,71s 10 l705, inclu-
sue.
4 But not ouly may thie right Of trial ,
by jury be regarded as alirmatiyeiy as
serted and secured to the citizen by the
provisions of tue Constitution, by any aud
every other mode Of trial must be taken to
be excluded and prohibited. Thus; No
person shall be held to answer for any
capital or otherwise infamous crime unless
in case of prcsentment and Indictment by
a grand jury &C., clearly prccludcs the
notion OF any o:hor Iorm Of trial.
The OLD common law and great statute.
of England, brought over with them by
the founder Of English colonies, and in
force at the time Of the adoption Of the
Constitution Of the United States, exclu
J del all other modes Of trial Of ary citizen
: not in the military commission. Mr.. Ja.-
, .tice Story, as already cited, expressly op-
, peals to aud quotes Magma Charta clo1
this point and in support Of this position
D The 39th chapter of this great rcs is as
fellows;
r NO freeman shall be taken or imp"i'.
oned, or dsscized or outleweJ, or bau,ah.
, ed, OF in any way. destroyedi nor viii We
pass upon him Mess by the 'awini j"as
= men. OF his peers, og BY The law 81 The
. land"
= "The judgment Of his peers here ailu,
J dad to, says story, "is The rial BY jury,
i who are called his peers of the party ac-
j cused, being Of like cond ton and cqGal''
!, He also expressly says;
e "Whcn our more immediate ancestor.
Il removed to America they brought thi.
y great privilege WITH them, as their bittl
y right aud inheritance, as Part Of tha
Il admirable common law whi.d had fenced
- round and iutorposed barriers o. ever,
Il side against the approaches Of or6irar.
power" p. 1919.
d But this denial OF any ether form ,
a, trial, and especially that by military oom
be missions, was asserted ia the "Pct.tIon {
re Rights passed in the third year of Uharlc
of the First. Il is therein enacted and 6
on tablished, "That no man Of fwhat state c
an condition should be put out of his land
MS or tenements, nor taken, nor imprisoned
n; nor disinheritcd, nor put TO death witDor
an due process Of law
ht And in speaking OF the commission.
III aforesaid, the act usoth the iolowir
- terms
80 (Which commissions, and al. otbcr5 (
like nature, are wholly and directly col
al- trary 10 the said law and statutes Of Il
realm
a Similar language Was employ cd ia L
or- BIZ Of Rights passed at The time Of Il
in Revelation Of 1858.
- Aad it may be safely stated that SIM
IN. that time no proceedings Of this nsta
- has taken place in England against al
he person no, member Of the army OF nav
aw or in the militia in actual service. l
.es deed, distinguished Engiah Judge b
of said "Martial law as Q! old does u
Iif- exist in England at ali, " and is contrary
ed the Constitution, and has been for a &c
he tury totally exploded Grant VS. Gov
Ter Hume B!. 60 l Hale P, G. 240 H.
Ids com. law Y. ?, SO; This, it has becu /
cry marked by learned Judge, "Is corre'
os0 as to the community generally, both
the war and peace.
re BY an act approved July 81, 1864, v
ro- -, statutes al large, page PISA, coaepi
. acics are defined, and the mode Of pgni.
the ment provided, namely; by TIL. in
The Circuit or District Court Of the Uni,
the States of the proper circuit or district.
ihe Can these parties be tr'el before Il
l'it other tribunal? We hold not. By
Presidents proclamation Of Sept. -
the 1862, susponding the writ Of ha5cas cr
we'd pus it was ordered, "That during
r Of existing insurroction and az a necessa
inst measure for suppressiug the same,
pom rebels and insurgents, their elders a
to abettors, within the Uuited States, &
c to shall be subject to martial law and liza
wor to trial and punishment BY courts mar
or military commission" Without st
d ol ping to inquire whether the proclamat
re- was authorized and if so whether it
pm, braced persons charged with lmmi,tin
rain substantial ofense within State not
'ary insurrection, and when the courts are
as" full exercise oi their powers, the deiei
an, claims that ii has been superseded
are the act of Congress Of the Bird Of Mar
cry. 1868, (vol. IL, statutes at large 775)
any la,ing to the writ of habcgs corpus ;
as, the President proc, anation, based th,