Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-07-17
MILITARY Tribunals THEIR
DANGER.


clearly and forcibly The danger Of military tn
buna. to the civil Liberties Of the people. HFSEr
wIxTIz DAVIS, whose Republican radicsiism
cannot De questioned. Ia speech during the late
session OF Congress. declared with great deal
Of po.itirsness. that military courts wero organ
lied to convict The results Of the trials before
these tribunals confirm mos. concludyely THE
declaration of Mr. DAVIS. In The States which
have been loyal TO the Government there can be
no apology offered for substituting military for
civil courts, especially n The trial Of civil ofsnses
The excuse for the exercise Of this dangerous
power has been that the ends Of justice could be
more speedily. economically. and certainly
reached through their agency. than By the civil
courts. II the object ia the punishment OF the
accused. regardless OF guilt there - no question
but that end can be reached with grea. certainty
through a tribunal which occupies the position Of
prosecutor. judge. aud jury, fer such is the
character OF military commissions These tri-
bunals are not governed civil courts are, by
the rules Of evidence, the resnll Of the
experiences and wisdom of the most EN-
inent jurists Of the last two centuries,
and which are IS near perfection poe
sible. but they Law unto themselves
They follow no presidents, nor are they con
trolied by the rules and decisions which govern
civil courts The members OF these tribunals
are responsible directly to the appointing power.
10 whom they must look for promotion or prefer
ment hence !; Il natural. under such influences.
they should incline TO The accomplishment OF the
purposes OF the ruling power But no matter
how good the purpose 10 organizing them, or
how Jus, the findings Of these tribunals may
have been. il il no Justification for the exercise
Of dangerous despolic power, wrong in itself
and which nav establish a precedent through
which the most valued liberties of the citizen
can be overthrow by tho arbitrary will Of one
man. Most true ia il that this question over
shadows all others The questions of suffrage
and the restoration OF the States which have been
10 rebellion. nov absorbing public attention and
consideration. are Of but little Importance in
comparison. RI the civil rights which were To-
tended to be guaranteed aud secured by the Con
stitution are without protection. aud il the
liberty, aud even the life Of the citizen. are
a, the disposal of the arbitrary s Of who
ever may occupy the Presidential chair. il makes
but little difference how the other questions
are disposed Of Civil rights and ia fact free
Govern ment. cannot exist. If the Executive OF
the nation is permitted to hold in his hands and
put in force at his will such au engine Of despot-
ism as Military Courts. And il il we'll for the
people TO remember that il is far easier to main
tain popular rights, than 10 regain them. Again
We call attention to the sentiments expressed
upon the dangers which now threaten the civil
liberties OF the people, by the wrtor Of the fol
lowing communication. to which we have re
fsrred. and they have additional value from the
fact that they come from one whose political
sympathies are with the ruling party:
Mr. DEAR SIR. Yours Of yesterday il feceiv ell.
Quite likely that the apparent guilt OF the re-
Gently dispatched cor.pirators may have the eff
feet TO lead the people TO acquiesee in this mode
of trust. Al least general belief in the guilt
will tehd TO silence complaint and override all
protest. and thus terrible engine of despotisn
in the form OF Military Court for the trial of
civil ofenses. will be permanently established
under Government theoretically free
Such a court il well adapted 70 defy law jus
tce and public sentiment. as il is responsible 20
z,
who in addition to being the Chief Magistrate Of
the State. will at the same time be the leader OF
the great political party Ii some means are
not taken by the American people to disavow
in the most significant MANNER this pure a.
sumption of power IN one of ia worst phases
not many years will elspse before a mans politi-
cal action and opinions will subject him to death
Pretexts will not be wanting upon which to ac
cuse those whose opposition 10 ~ given party in
power may be deemed inconvenent and an &C
cusation once made. everything else. to the block
or the halter, follows "a a matter of course.
The Executive department of the Government
is thus in possession of absolute power because
the President may not only define the crime and
fx the penalty. properly the work of the Lesis-
lature,) but he may, by his temporary agents
selected for that purpose. hear aud decide the
case. The execution of the sentence ALWAYS
pertains TO the Executive officer. Thus the
whole power over life and liberty is committed
20 the unchecked and arbitrary will OF a single
man and those rights which II was sought To
guard the most carefully in the Constitution are
found TO be without any protection whatever Ii
will be very strange event IN history. if. with
all the knowledge OF the principles Of free gov
eminent that pervades the minds of intelligent
men in this country. such a monsirous sssump
ton of power can be fully sanctioned.
The obvious fact that It is power ii once
established, which can be welded by whomever
oppose him. must occur to any Ii the radi
Gals are ssgacious they will utterly crush the
Presidert politically by taking issue with him on
the question of military courts for the trial OF
civil ofenses Ii the Chief Justice had gone TO
Washing and put forth his official hand TO stay
the trial or execution of the conspiraGors. even
though his attempt had proved abortve so far
as they concerned. he would have made
himself President At the next election. and SO.
cured negro suffrage in the bargain
think the tummary execution Of the couspi
rators struck deep chord in he public bosom
There were fes words uttered but the shock was
almost universal IL became known that the
condemned were TO die upon twenty four hours
notice
an very much puzzled. in contemplating the
political prospect which lies before us. To deter
mine which side honest and conscientious men
ought to take. This must be determined BY the
pledges given on the subject of constitutional
Law In its application to the rights of liberty and
trial by jury. This question ovessnad0ss all
Others. fhow much consequence - IL TO 10
secure for our countrymen at she South the rights
Of . free ballot under the Constitution il We lose
our personal Liberties at the North, | know of
no issue 10 be compared With this, and disa-
gree with those who urge that al will be we'll
when the Southern States are reorganixed and
when their representatives sit IN Congress We
have the right TO ask OF Mr. johnson one OF the
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