Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-05-16
The Appiicasion for n writ Of Hs
beas Cerpus for Biiiigan. How les
and HoTsey, and rhat eamc OF "a


The Application for n writ OF Hs
ana Horsey, and what came oft
A petition for a writ OF habeas corpus was pre-
sented few days since In behalf of Milligan,
Bovles and HHssy, % the circuit court Of the
United States now sitting IN this CITY. We IN
derstaDd the ground Of the application 10 be,
that q military court had no jurisdiction to try
those individuals for the ofenses for which they
have been condemned. No decision was render
ed but the iudges certified division Of opinion,
which takes the application 10 the supreme court
at Washington, for is determination.
BY the law governing the courts Of the United
States. where the two Judges disagree on ques-
ton Of law, the point Of disagreement IL certhed
70 the supreme court, which acts upon the ease
as on appeal IL sometimes happens tha. where
questions Of great public interst arise the judges
of the circuit court differ pro foT,na, In order
that the case may be sent 70 the supreme court
at once. ~
Whether there vas, in the case OF Milligsn and
his associates. an actual conflict Of opinion be
tween Judges Davis and Mcdonald. or whether
a division was formally certified in order 10 Oh
tain the judgment of the full supreme bench, on
the important question Of the jurisdiction of mil
itary tribunals over the oferses with which the
prisoners were charged, We are not advised, nor
u IL important 70 know liz Is OF the hrst con
nation shall determine this vexed question as
soon a. practicable The action OF the circuit
court does not. of course, STAY the execution of
the prisoners, which has been fixed for Friday
next. and they will be executed IL pursuance of
the order heretofore made, unless the president
should direct suspension Of the sentence until
the supreme court act upon the petition for
the writ Of habeas corpus. IL that court shall de-
eide that the proceedings Of the military commits
sion were illegal. all good citizens will concede
the necessity eli defering 70 il judgment, and
turning over all prisoners who have been so tried
to- the civil courts: while IL the jurisdiction Of the
military court i sustained, all men will concede
the legality. well the Justice. Of the punish
ment prescribed for MilgaB, BOwles and Hor
sey. and for others who have been condemned
by similar courts
Whether the president will suspend the exc
cution until the supreme court renders deci-
sion, we have no means Of knowing but We hope
he may : do 80. Ia il should sustain the jnris-
dietiOn oftbe military commission. grave doubts
will be removed from the minds of many good
and loyal men, and public justice will not suffer
by the DELAY; but II rs decision should be sd
verse TO the military jurisdiction. il will not be
pleasant reflection TO any OF us that these men
were illegally executed although NAV feel
that they Justly deserved death AZ the hands OF
a competent tribunal.
+. Tho foregoing We copy from The indianapolis
Journal of yesterday, ana We are advised that the
sentiments il expresses are those entertained by
the prominent members of the dominant party in
this city and state to justify the appeal which has
been made to the President for a suspension Of
the sentence of the military court in the cases Of
Messrs. MILucAS, BowLEs and HoRsEY. The
judgment of eminent civilians. regardless of par
tisan considerations. Is against the legality of
the tribunal. which tried and condemned those in
divduals Tie very fact that two federal Judges,
whose integrity and ability cannot be questioned,
have certified division of opinion so that the
question involved may be presented to aud de
termined by the supreme court Of the United
States is the best evidence that there
are very serious doubts "a to the ju-
risdictlon of military coutst. especially
in the case under consideration. 1t cannot for
moment be supposed that Judge DAVIS, the
lifelong friend and appointee of Mr.. LINCOLN,
would certify 10 a division OF opinion upon tie
application made TO the Circuit Court of the
United States, over which he presides for a writ
of habess corpus, so that the question at issue
could be reviewed and determined upon by the
highest judicial tribunal of the nation. if there
were not grave doubts in his mind as to the le-
gaty of the proceedings Certainly it must be
the conclusion OF every good citizen that such an
application cannot be refused by the president
As The Journal remarks, no harm. no injury to
the public interests. arise from this
exercise of executive clemency IL does
not set the condemned free 1t does not
determine the justice OF the decision of the mill
tary court. The suspension of the execution
does not affect the guilt or innocence OF the ac-
cused. A very large portion of the people enter
tain the opinion that these men have been tried
and condemned BY an illegal tribunal. and. as
The Journal remarks, cit will not be a pleasant
reflection to auy of US, that these men were lille
gally executed. The is over. The crime
charged upon the>condemned can no longer work
evil. Ard the only object in carrying out the
sentence nov, is for an example in future time.
What influence will such an example have, if the
highest judicial tribunal of the government
should hereafter determine that these men have
been Illegally executed? II that question is not
determined in this case by that tribunal. il will in
the case of sonrc indvidral who has been con-
demned by military commission similar 10 that
which tried and condemned MILLIGAN, BowLEs
and HoRSlY All these men have asked is that
they should be tried by civil court. They are
civilians. and the ofense charged against them is
a. crime defined b. civil Law. They lived in
statewhere the jurisdiction OF the civil courts
we're unrestricted at the timGend since the of
fenses ALLEGED ssaiast them we're committed
And now there Is the additional reason that the
question of military jurisdiction should be 1e-
tefmined by the court Of last resort. and whose
decisions bnI all. public justice will not suffer
by the delay aud il Will be relief 20 the officers
Who composed TIE military commission. for Ger
tsnIy they will not desire 70 have the nnpleas-
ant reflection that they were the cause os Illegal
executions. If these men should be executed
under these circumstances very large portion
OF the people will believe il to be an act Of ven.
geance. and not of either justice or necessity
We are happy to notice that the general feel
INK prevails that the case in question should not
be affected by PARTISAN considerations Ii in
wolves the great question OF civil liberty. hence
it has Interest which arises above all mere