Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-06-23


rily embrace TIE entire subject. and exclude all
like authority in Others. The end Of such
power carnot be attained except through uni
iormity OF government and regulation. and this
Il not 10 be attained IL the power Is In tuo hands
To be effective, therefore. Il must be in one, and
the Constitution give 10 70 one. 90 Congress. 10
express terms. aud nowhere ntimaies purpose
70 bestos it, OF any portion OF 10. upon any de
psrtment In the sbsence. then Of all mention
Of Military Commissions In the Constitution. and
IN the presence Of the cole authority 30 confers
on Congress by rules OF It's own enactng TO gov
ern and regulate the army; and 10 the absence Of
ell mention Of such commissions In the act OF
the 10Th of April, 1856, and OF a single word in
that act. or in sny other. how can the power be
considered as in the PRESIDENT Further. upon
what ground, other than those have examined,
can his authority be placed
IL 10 that the constitutional guarantees relerred
to are designed only for state OF pescer There
Is not a ~ liable in the instrument that jasiiies.
even plausibly, such qualification. They are
secured by the most general and comprehensive
terms, wholly Inconsistent with any restriction.
They also not only not confined TO condi
ton Of peace. but are more peculiarly necessary
TO the security OF personal liberty in war than in
peace. All history tells Us that war, a. tmes,
maddens the people. frenries government. aud
makes both regardless OF constitutional limita-
ttouo W HSWtts rtlcby ~ .Hlu ptitvA1
IL more in peril than az any other. Constitu
topal Limitations aud guarantees are then also
absolutely necessary to the protection OF the
Government itself The maxim "salus D0puIi
suDysrna est iex" is but AZ for tyrants use.
Under ia pretence the grossest wrongs have
been committed, the most awful crimes per
petrated, and every principle OF freedom
violated. until at last. worn down by suf-
fering, the people. in very despair. have acqui-
esced in resulting despotsm. The safety
which liberty needs. and without which il sickens
and dies, is that which law. and not mere un-
licensed human will affords. The Aristotelisn
maxim. - salus putiiea suDrema est tex - lie;
the public veal be under the protection OF the
Law lis the true and only safe maxim Nature
without law would be chaos, government with
out Law anarchy, or despotsm. Against both.
in and ia peace. the Constitution happily
| protects US.
| Ii the power in question is claimed uuder the
authority supposed to be given the President in
certain cases to suspend the writ of kabeas corpus
and to declare martial law, the claim is equally
IL not more evidently un.enable. Because the
first Of these powers IL given to the President at
| all Is given - when in CAGES OF rebellion or in
vasion he deems the public safety requires il.
| think be has this power. but there are great
and patriotic names who think otherwise. But
il he has IL, or il be 10 Congress alone il Is en-
trely untrue that its exercise works any other
result that the suspension OF the writ-the tenn
cause Of arrest passed upon at once by the civil
judges. 1t In no way impairs or suspends the
| other rights secured TO the accused.
In what court he is to be tried, how he is to
be tiled, what evidence TO be admitted snd what
| judgment pronounced. all to be what the
| Constitution secures and the laws provide in
similar cases when there Is no suspension OF the
writ The purpose of the writ is merely, with
out delay. TO ascertain the legality Of the arrest
IL adjudged legal the party il detained if lille
gal, discharged But in either contingency,
when he IL called to answer any criminal accu-
sstion, and he is a civilian aud not subject TO the
articles OF war, eonstitutionally enacted BY Con-
gress, IL must be done by presentmeet or indct-
ment and HIS trial be had ia a civil court hav-
ing, by State and Congressional legislation, jurs-
dictlon over the crime, and under the laws gov
ernng the tribunal and defining the punishment.
The very fact, too. that express power is given
IN certain condition of things, to suspend the
writ referred to. and that no power is given to
suspend or deny any Of the other securities for
personal liberty provided by the Constitution, is
1 conclusive to show that all the latter we're de
signed TO be in force Gin of rebellion or in
vasion, as we'll as in a state Of perfect peace and
safety
| III I have already referred to the act of IS06
establishing the articles Of war, and said what
must be admitted that il provides for no military
court like this; but. for arguments sake, let il
I be admitted. And then maintain, with becom
! ing confidence aud due respect for difference
OF opinion, that il does not embrace the crime
charged against these parties the parties them
| selves.
First. The charge is traitorous conspiracy
to take the lives of the designed persons Gin aid
OF the existing armed rebellion" Second Tn a,
in the execution OF the conspiracy the actual
murder Of the late President and the attempted
murder OF the Secretary OF State occurred
Throu ghout the charge and its specifications the
conspiracy and its attempted execution al
legged to have been traitorOus. The accusation
therefore. is not one merely Of murder, but oil
I, murder designed and part accomplished with
rsitorous purpose. II the charge true aud the
intent (Which is made a substatisl part of IT, be
also true, then the crime is treason and not q
simple murder.
Treason against the United States, a. defined
by the Constitution, can consist only in levying
war against them. or in adbering to their enc
mics, giving them aid and comfort" ga art
| This definition not only tells US what treason IT,
but that no other crime than the defined one shall
| be considered the ofense. And the same section
| provides that "no person shall be convicted of
treason except on the testimony OF two witnesses
to the same overt act, or on confession in open
court" and gives to Congress the power to de
clare what it's punishment, shall be- The offense
in the general 10 the same as in England In
that country, at no period since its freedom be.
came settled. has any other treason been recog
nired 10 the tendency Of this rebellion (nsver
before It has been alleged that there exists with
US the ofensc OF military treason, punishable BY
the laws OF war. Ii ia 80 stated in the instruc-
tons OF General Hslleck to the then com handing
ohcer in tennessee, of the 5th Of March, 1863
tLswrences Wheaton, suppl, p AZ But Hal
ieck confines IL to acts committed against the
lsrmy OF belllgereni when occupying the terri
Eory OF the enemy Aud he says what is GER
tainly true, If such an ofense can be committed
that II lis broadly distinguished from the treason
defined in the constitutional and statutory laws
and made punishable by the civil courts But
the term military treason is nos to be found Ia
any English work or military order, or. before
this rebellion, in any American authority IL
has evidently been adopted during the rebellion
As doctrine OF military law. on the authority of
continental writer's in Governments less free than
those OF England and the United States, aud in
which. because they are less fres. treason 10 not
made TO consist of certain specific acts, and no
Others.
But il Halleck Is right. and all our prior prac.
tice. and tha, Of England. from which We derive
ours, Is TO be abandoned the cases before you are
not cases OF military treason. "a be defines il
When the ofenses alleged in these cases are
stated 70 have occurred IN this district the
United States we're not. and did not claim to
be in its occupation a. 3 belligerent, nor was il
LII a. -. l.. 4 -.