Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1865-03-22
TIE CASE OF MAJ. WILHELM.

In the preceding columns will be found
q report of the recent trial Of this gentle
man before the military court at Harris
burg. We give this report just as we fiEd
it in the Journal of this place. Whether
or not it is full report of the proceedings
we are unable to say but as our neighbor
tells us that he was furnished "full notes
of the evidence" of course he can tell how
full the report is. One thing is certain;
Ifths is "full report" then Major Will
helm was very poorly defended, and Sen
ator Fleming ought to seek some other
trade than that of an Attorney. But we
rather suspect that he discharged his du-
ty well, and that it is the reporter who is
ut fault. As il is, however, we venture to
say that the most rampant, litterly-pre-
judced Abolitionist in the county-provi-
ded he is not totally demented-will ac-
knowledge after reading it, that il Major
Wilhelm was dog pih bad name, ins cad
of the upright, high-minded citizen that
bt -, Hc ouEht NV W oe coH'lC lClcu vi
such testimony.
But this Military Court at Harrisburg
has no more right to try Major Wilhelm
and his companions, than Judge Linn
would have to try q case Of deseriion from
the United States army, or OF treason a.
gainst the United States Not bit.
To prove this We hereto append tho
Act OF Congress Of Sd March. 1868, under
the authority Of which it is claimed, these
arrests are made. 1t will be seen that il
il the same section which the reporter of
the wilhelm Case refers TO, We pint
in italics that portion of The section begin
ming where the reporter quit, and which
he seems to have embraced in the very
suggestive &c ITO which We call the
special attention of every man who is not
yet ready TO surrender the most precious
right that lreemen can possess, as also Of
those who may be under the impression
that there is some authority somewhere
for this wanion and persistent invasion OF
the personal rights Of the citizen.
These are among the wrongs that we
have been denouncing for the last four
years. While pretending to "War for lhe
Union" we have been constantly appeal
ing to our rulers not to strike down and
destroy that more precious boon of the
Revolutionary Fathers, the Sovereignty OF
the States, and the Personal Rights OF the
citizen.
1t is no excuse-it does not mend the
matter particle, even if true-that these
crimes are committed without the knowl-
edge of the President and his Secretaries.
But il makes it even worse for they are
thus condemned az unfit to discharge their
official duties as criminals of the deepest
die because they are destroying the most
sacred tights of the American citizen:
| "If any person shall resist any draft of men
enrolled under this act into the service Of the
United States or shall counsel or did any per-
son to resist any such draft, or shall assault or
; obstruct any officer in making such draft, or in
the performance o any service in rell ton there
to F.; or shall counsel any person TO assault or OBJ
struct any such officer or shall counsel any
drafted men not 70 appear at the place of ren.
devious; or will fully dissuado them from the
performance Of military duty as required by law
such person shall be subject 10 summary arrest Jy
The prorosi marshal, and shaN be forthrih delic-
ed to me cirR authorities, and upon conviction
thereof bH punished by fine not exceeding five
hundred dollars, or by ilnprisonm ent not exceed
ing two years or by both Of said punishment,
The latter clause OF the quotation in tho
report of the Wilhelm case, is from the
Act of February 1, 1864, which is amenda
tory OF the Act Of Sd March, 1868, but do,
not repeal the section as given above. ],
says That persons offending under its pro
visions shall be "tried by courts of compe.
tent jurisdiction -clear y meaning the
courts named in the original Act.
We have thus shown that there is not q
particle of authority in lag for trying civ
iians before military courts yea, that the
attempt 10 do so is in positive violation o
: statutes enacted Ly the very party guilty
OF the wrong. What farce and mocke
, ry What lriAiDg with public liberty
Bsg"lt affords US great pleasure to bt
able TO state that but little damage wa
sustained 10y the Tyrone and ClearfelC
railroad by the late freshel, The tract
was submerged to some extent about Phil
, lipsburg, and the train somewhat detain
ed; but nothing serious occurred.
We had no mail ot all on Friday, tn
road being impossible between this an,
Phillipsburg. Indeed it was almost impo.
: sible to get into or out Of our town in an
/ direciion-being completely surrounded
On Saturday no mail or at least n
J.. eastern papers-were received, althoug
!. passengers say the eastern train passe
= Tyrone on Saturday morning. 1t was n
4 ported that the Tyrone and Lock Have