New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-06-28


because ut best the individual Is but for to-day, while
tho commonwealth is for oil time agree with the
gentleman in the maxim which he borrows from Aris;
the law; but claim that In war; a. in peace, by the
very terms Of the Constitution OF the country the pub
lie safety under the protection Of the law; that the
Constitution itself has provided for the declaration OF
for tho common defense to suppress rebellion. to
repcl invasion and by express terms has declared that
whatever IL necessary to make the prosecution Of the
successful may be DONE and ought to be DONE and
10 therefore constltutonally lawful
no TRIAL By JURY IN WAR FOR PUBLIC ENEMIES.
II this be 90, how can there be trial by jury for
military oenses in time OF civil wari II You cannot,
ard do not try the armed enemy before you shoot him.
or the captured enemy before you mprison him. why
should you be held to open the civil courts and try the
Spy the cOnspraor and the assassin. In the secret
service public ~ Jury Sss GOsyS
prsoned the captured armed Rebels. deprived Of their
liberty without due process OF lawt Are they not
crime Of treason Which Is coensable in he civil courts
by your rihed ordnance and the iron hail or your mus
kerry in battle. these public enemies without trial by
juryf Are they not citizens Why ia the clamor con.
lined exclusively the trial by military tribunals OF
Justice OF traorous spies. traitorOus consprators,
and sssassiDs hired to do secretly what the
your nationality BY assasinang its defenders and its
executive ofcerst Nothing can be clearer than that
the Rebel captured prisoner being citizen u the Re-
public is as much entitled to trial by jury before he IS
committed to prison, as the spy. or the alder and
abettor OF the treason by conspiracy and assassination
being citizen IL entitled TO such trial by dry before
he Is subjected TO the Just o. tne law ior as
Of Montesq1eu touching the civil Judiciary Is true;
that II is next to nothing" Hamilton well said, The
executive holds the sword OF the community the JUDI
diary has direction Of the strength OF society," 1t has
neither force nor will; 1t has Judgment alone ana
dependent for the execution u that upon the arm OF the
executive The people states so .no
Constitution ana adopted it, and intended thereby.
without limitation restraint to empower their Con-
gress and Executive to authorize Dy law ana execute
BY force whatever the public safety might require !"
suppress rebellion or repel invasion.
WHAT THY srpRrvr COrRr SAYS
IT.. cu.na'a canr, no. 90 asc;dsd in etTect-af3rm.
ing by ChiefJu,tics Marshall that
mean, Of and the sovernpep In ali sound reason
ard fair Interpretation have the choice of the
which deem. the most convenient and appropriate TO me
execution Of the power The power. Of the govern
neht VIZ en 4i .u nc. .. nd 20 he ,d,p,a3 70 The
so". Ca. in human star, To prescribe the specfc
nm. Inv h,eh Government Loud In All future time execute
nover and 10 conhus the choice Of such
t. :. houd not leave il in the power of Congress to adopt
any which NIGH, be appropriate aud conducive to the end
would be most III wise and psrnicious t"heston 4Iop
And 50 Mr. Justice story ,
"Whsn the egss alive authority to whom the Isnt 20 De
eie "n Is 70 non, H. srec,on Of the
, - cnSdd {, bound 10 cfry il into effect He hiss dis
ion v,,,ra In him e 10 tie manner and extent but he
not lawfully transcend tie rule. OF warfare established
cylkej nations He cannot lawfully exercise powers or al.
,horrr proceedings which the civilized world repuiAte and
dscaims The sovefeisny as to declaring var ana INNING
IT, earcts. rests wi the Legislature. Inc sovereignty as 70
s ereeo,on rests Win the Predent Drown as on'ea
states; 'iancn, lol ~ A.. .s,,or n, ,rho T. % Ia
Ana III anp'hei case, on VIC qucS.ou y, r"y ~
dlde rs 20 t1s easenc! ""icn - ~ Ju''' NA''H'''
aesoh Wy .c,.a .nac,.a on. thu mi, IS
,, he a,.I s,s.. an 10 mo lire whether
Ii. decision night Ii could then vo9ld become the
du,y of the court provided the conclusion that the
President had decided Incorrectly to discharge those VINO
arrested or d.ainrd by the nr OF tne
uni. state. .,.,nd IN w" 80 con.,,,D,on 81
sn9. 80 ,.n,s. Of snsacbv and not of order
aye, n ;his ri bt does NOT reside In the court.
h, tho conflict /. n he judicial power l. at that dine
bound 20 follow the decision pocit be equally
bound when the 10 II cannot when peace Is