East Saginaw courier. (East Saginaw, Mich.) 1859-18??, 1865-06-28

J PEifL OF TAXING PkRr IN ILLEGAL
TRIBUNALs.-In other columns Of the
present issue we give the particulars
of celebrated trial that took place in
England at the commencement Of the
present century, in which colonial
governor was arraigned for an abuse
of the power with which the law arm
ed him. This official having caused
soldier, who was alleged to be gull
ty of mutiny, to be tried by an illegal
tribunal-by regular regimental, in
stead of a regular general court mar
tial, which alone had jurisdiction in
such cases-and death having resulted
from the punishment inflicted, he was
tried for murder, convicted and hang
ed. The case is an important one in
the present day, when irregular tri-
bunals are rife, and courts are conven-
ed to try cases Of which they have no
legal cognizance.
Though the trial in question may
not be strictly taken as a precedent
for legal action in this country
having occurred since the time when
the American colonies severed their
connection with the mother country
still, as all decisions Of the English
courts made since that date are emit
tied to, and looked upon with great
respect by our judiciary, it is not un-
likely that it will influence them should
any cognate case be brought under
their notice. And that such an event
may occur is far from unlikely, for the
plain language already used by somo
Of our prominent judges points evil
IDENTIFY to intende futured action. Judge
Peckham, Of the Supreme Court of
this state, in recently charging the
grand jury at Albany, pointed out the
provisions Of the Constitution, and
characterized the trial at present GO
ing ON before military commission in
Washington as proceeding in viola
ton of constitutional requirements
deserving the attention of the jury;
and Judge Bond, of Maryland, has
charged the grand jury of Baltimore
that persons sitting in military com
missions for the trial of citizens of his
state, not connected with the army or
navy, are liable to Indictment, .,
In a case brought before Lord
Chief Justice Willes, in tho Court of
Common Pleas, London, in 1746,
wherein the president of court mar
tial was mulct in five thousand dollars
damages for an unjustifiable verdict,
the learned Judge informed the plain
tiff that he was at liberty to bring his
action against any Of the members of
the said court-martial he could meet
with; and in subsequent proceeding
collision occurred between the mar
tial and legal authorities and parti-
sans, in which the former cut sorry
figure, and tho law established its
power and dignity. There is no doubt
but that in like manner all the MEN,
bers of courtmartial, OF military COM
missions, or by whatever other name
they are called, are liable for any ille-
gal acts of which the said courts may
be guilty, and, as Lord Chief Justice
Willes states, may be indicted there
for. Now we imagine that few who
have taken part in the irregular mill
tary proceedings of the past four
years are aware of this, and little an
ticipate that they will be called to ac-
count for the deeds in which they
have been implicated. 1t is therefore
well that they should be informed of
the peril in which they have placed
themselves.
But if these have rendered them
selves subject to legal action, how
much more SO has the wire-puller who
has directed and regulated the move
ments of his plant puppets. Secreta-
~ Stanton, who, to use the words APP
piled by Dryden to tho tortuous, dar-
ing and unprincipled Shaftesbury, has
shown himself '.For close designs and
crooked counsels fit" should study
the story of Governor Wall. He will
discover in it what are the pains and
penalties attendant upon the abuse of
power, and learn that high station will
not shield q man from the consequent
ces of his illegal acts.--N. Y. World.
n = .