The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1865-06-02

Mr. Davis, of Maryland--T cannot yield for
an argument.
Mr. Yeaman--I do not propose to make an
argument.
Mr. Davis, Of Maryland-It is impossible for
me TO yield further. / must 20 on.
In the first place, if three-foarths of the State
Of Kentucky are subject to incursions of guer-
riitas the other fourth Is not, and that viii fur
nish jurors enough IF there IS room 70 hold
q military court there = room 10 hold civil
c0u~t. It KOS AFRAID 10 90 "a testify
before q military court they will not be afraid
10 60 before civil court. If bayonets are need
ed to protect them before q military court, bay
onets can protect them before a civil court. Sir,
this hankeriHg after military courts is not be-
cause they cannot be tried and convicted before
the courts Of the United states, if guilty; but
men mao with civil war want sharper and
easier way TO deal with CRIMINALS as enemies -
Il IS The cry for vengeance and not Justice That
is what it is aud nothing else live in state
that has never disgraeed itself by rebellion, but
il has been disturbed by internal digsensions
and know that ranGorous hostility which has
grown up between men even Of the same fani-
y. And do not wish military tribunals to
apply their Lar5h, sharp vengeance between meo
VINO live on adjacent estates, at the instigatlon
Of personal revenge, Of malice, without local
public trial, unprotected by the rights secnred
to them by the Constitution and laws Of the
United States, when whispered lie may stain
innocence with the panitentary by tha vote Of
twJ oug OF three Of q military commission. Il
they have committed acts which render them
dangerous but are not criminal or cannot be
proved, we have authorized the suspension Of
the tlJols corpus and the President can hoid
them not try, not convict, not disgrace, not
degrade, not kill, but hold item under the pre-
cautionary discretion conferred by law and rem
dared secure by the military power. If they
have committed crimes known 10 the law which
can be proved and which it is desirable to pun
ish. the President car prove il before the courts
Of taa United States in Maryland, and they can
BE convicted in the courts OF the u. States in
MARYLAND. Now word touching the amend
ment of my honorable friend from Ohio, Mr.
SCUENcK. with whom / always differ with The
greatest hesitation. Yet | think that his logic
viii bring h;m 70 this conclusion, that if the
Constitution of the United states says that no
one shall be tried for any infamous crime other
wise than by jury Of the state and district,
except cases arising ia the military or naval
forces of the United States, any enactment
which authorizes any one to be tried in any
other way in the states where United States
coarts are open Is itself void. The tribunal
which tries case not arising IN the D'iitary for
I cas ia any other way IS a trespasser, and the
party who was convicted has private remedy
for the injury lie has sustained if the court had
no jurisdiction. No one can violate the right
! cf the citizen to immunity from military trial
safely whether we declare it OF not, and every
one has bis remedy to-day In the courts OF the
+ United States in spite of any enactment, tor
every oppression. Why then place provision
in the law declaring these proceedings to be
void In order that Il loud voice should 90 out
! from this hall to the American people, ringing
over the land to announce by authority that their
representatives recognize and declare the nulliY
/ Of the proceedings Of these military tribunals
and to encourage the people to seek redress in
/ the courts of the country, not by crawling So
Iictafinns AT the hands OF the President Of the
United States, but Of right, by Law. before these
courts, which are The glory and the safety Of
the American Republic. Ny honorable friend
+ also wishes me to strike cut that part Of nay
! amendment which provides that those not liable
/ 70 t-ial by military courts now held under their
; sentences should be discharged or delivered to
.
I sfy any gentleman here, or remove any doubt
/ or hesitation, viii most checrfuy agree that
the word ''discharge" shall he stricken out so
that the provision will stand that these men
shall be delivered over TO the civil tribunals to
! be proceeded against according to l&w--;bo A
! msricaus birthriEht
But it Is objected by nv honorable friend
from Ohio AIR. SCHENCK) that these men, hay
ing first disputed the jurisdiction Of the militia
ry court, viii, when brought before civil court,
plead their former conviction 10 bar | know
/ tie eminent legal ability Of my friend, and if
he viii run over ia his mind the form Of plea
that must be made in such a case he would find
that it would be this: On given day, at a
certain place, before A Is G d Z + and q, a
military commission convened By order Of the
President of the United States, !, citizen not
in the military service OF the United States,
was convicted t0r a violation Of ''the usages Of
ga5, OF some. crime known to the law, but
punishable by statute only in the courts Of the
United States, auss sentence and punishment.
My learned friend would be the first to put in a
demurrer TO such a plea. On the record it
would appear that the military commission had
no Jurisdiction of the party or the ofense that
the party had not been conyfcte3 at ALL that he
had never been in jeopardy Of life or limb; for
the Constitution forbids such tribunal to try
such person. The jurisdiction of every court,
especially one of limited and exceptional juris-
diction, may be itnpeached collaterally, or must
appear on its record; and the appearance of
generals and colopels and captains sitting, at
the viii of the President, in place Of venerable
judges, whose tenure IS good behavior, and the
absence of Z jury, show that 1t is not court
az all, but an unlawful combination of trespas-
sera usurping the functions of court, guilty Of
a crime and not exercising an authority. Any
court Of the United States viii, on Ra5ed8 corpus,
discharge citizen confined under sentence Of
such 3 tribunal Let those now in Illegal con-