The mountain Democrat., 1865-05-20

u ioSSu HSelt Uy teDelIlOn, OUT lL uaS Deen
disturbed by internal dissensions; and
: EHcv the raucorous hostility which S&5
grown up between men even Of the same
family. And do not wish military tri.
bun0ls to apply their harsh, sharp venge.
ancc between men who live on adjacent
estates, at the instigation of personal re-
venge, Of malice, without local public
trial, unprotected by the rights secured
to them by the laws and Constitution Of
the United States, when q whispered lie
may stain innocence with the penitentia-
ry by the vote Of two out Of three of q
military commission. II they have CON-
mitted acts which render them dangerous
but are not criminal or cannot be proved,
we have authorized the suspension of the
habeas corpus, and the President can
hold them not try, not convict, not dis
grace, not degrade, not kill, but hold them
Under the precautionary discretion con-
ferred by law, and rendered secure By the
military power. If they have committed
crimes known to the law which can be
proved, and which it is desirable to pun
ish, the President can prove it before the
Courts Of the United States in Maryland,
and they can be convicted in the courts
of the United States in Maryland. Now
word touching the amendment of my
honorable friend from Ohio Mr.. Schenck !,
with whom | always differ with the
greatest hesitation. Yet think his logic
will bring him to this conclusion, that if
the Constitution Of the United States says
that no one shall be tried for an Infamous
crime otherwise than by q jury of the
State and District, except cases arising in
the military and naval forces of the Uni.
ted States, any enactment which author
iHes any one to be tried in any other way
in the States where United States courts
are open, is itself void. The tribunal
which tries case not arising in the mill
tary forces in any other way, is tres
passer, and the party who was convicted
has a private remedy for the injury he
has sustained if the court had no juris.
diction. No one can violate the right Of
the citizen to immunity from military tri-
al safely, whether we declare it or not, and
every one has his remedy to-day in the
courts of the United States, in spite of
any enactment, for every oppression.-
Why then place provision in the law
declaring these proceedings to be void p
In order that loud voice should 60 out
from this ball to the American people
ringing over the land to announce by au-
thority that their representatives recog-
nize and declare the nulity Of the pro-
ceedings of these military tribunals, and
to encourage the people to seek redress
in the courts Of the country, not by crawl
ing solicitations at the hands of the Pres
ident Of the United States, but Of right,
by law, before those courts, which are the
glory and the safety Of the American Re
public. Ny honorable friend also wishes
me TO strike out that part of my amend
men t which provides that those not liable
to be tried by military courts, now held
under their sentence, should be discharg.
cd or delivered to the civil tribunals for
trial. Sir, if it will satisfy any gentleman
here, or remove any doubt or hesitation,
| will most chcerfully agree that the word
"dischargc" shall be stricken out, so that
the provision will stand that these men
shall be delivered over to the civil tribu-
nails to be proceeded against according to
law--the Americans brthright. But it
is objected by my honorable friend from
Ohio [Mr. Schenckl, that these men hay-
Ing first disputed the jurisdiction of the
military court. will, when brought before
a civil court, plead their former convic-
ton in bar. | know the eminent legal
ability Of my friend, and if he will run
over in his mind the form of plea that
must be made in such a case, he will find
that it will be this: On given day, at a
given place, A., b., c., d., E., T. and e.,
military commission convened by order
of tie President of the United States, |, a
citizen not in the military service OF the
United SteteS, was convicted for a viola
ton of "the usages of war, 'or some crime
known to the law, but punishable by stat
ute only in the Courts of the United
States, and sentence and punishment. -
My learned friend would be the first to
put in a demurrer to such plea. On
the record it would appear that the mill.
tary commission had no jurisdiction of
the party or the offense; that the party
had not been convicted at all; that he
had never been in jeopardy of life or limb;
for the Constitution forbids such a tribu-
nal to try such n person. The jurisdic-
ton of every court. especially one Of lin
tied and exceptional jurisdiction, may be
impcached collatera!iy, or must appear on
its record and the appearance Of gene
rails and colonies and captains sitting at
the will Of the President in place of ven
crable judges, whose tenure is good beha-
vior, and the absence Of jury, show that
it is not a court at ALL but an unlawful
combination of trespassers, usurping the
functions of a court, guilty of crime
and not exercising an authority.
Any court in tho United States will, on
habeas corpus, discharge a citizen con-
fined under sentence of such tribunal.
Let those now in illegal confinement seek
that remedy; and if it be denied them,
let an impeachment by the representatives
of the people vindicate the rights of the
people. Mr.. Chairman, the public safety
never has required these illegal and sum-
mary trials; it now requires that they
cease The past men are ready to forget,
the American people most of all they in
stigated or tolerated the usurpations of
those in authority; but they now have
felt the sharpness Of military justice,
and demand Of their rulers return to tho
Constitution and laws. If therefore they
have violated the law and Constitution
| do not say criminally, l do not say with
intent to oppress, do not say even know
ing it to be criminal-it was the common
error and they may plead the error of
the people which misled the leaders of
the people at the beginning of the rebel
lion. More frmness, more knowledge,
more coolness in high places, might per-
haps have arrested the popular current,
and siienccd tho popular tumult, and kept
the torrent within the bounds of law. 1t
was not found in places af authority; all
hoN.cS hnfnrn the Storm and hnated with