New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-12-18
SUPREME COURT DECISION.
THE VALIDITY OF MILITARY TRIALS IN LOYAL STATES.
az TILL GkAPu TO the TRIBUNE

THE VALIDITY OF MILITARY TRIALS IN LOYAL STATES.
BIT rELzGRAPn
WAsHEGToN Dee. lit will be recollected that the
Supreme Court OF the United States at its former term,
announced its decision the Partc of H. II. Mill
gau declaring the egalty of his trial for alleged con-
spacy before Military Commission in Indiana, and ir
effect ordering his discharge from prison, he having beR
convicted aud condemned to the punishment of death
To-day Associate Justice ID Wis read an elaborate opinion
in this ease. -
The document refers to the Importance OF observing the
stituona guarantees the protection Of G citizen IN h
person and property The experience OF past history show
the wisdom OF the trainers of the Constitution IN constructing
H. be alike efficient ia In as was shown IN the
civil through which are just passing The powers
Consultation should not be strained TO suit emerenc
for maintenance in oil its integrity depended our Des
and free government not only 10 nc PtsSea. D ior al s
certificate OF d, sion OF opinion OF the two Judges OF tho
United States Circuit Cont for Indiana the oiing main.
tins that the matter WINS properly before H. Inc Lsst
that bench divided could not operate TO the pren
dice of the complainant nor deprive nun OF ms fe q SP
the civil tribunals under the ae OF March eo1 Ahoagn
the privilege OF the writ Of habeas corpus baa Deen
his light under the ConSttuto. and law sn remained hs
citizen OF Indiana and had never been IN the and or ma
val service or in the active militia IL was true .
accused OF ParnSipauhg IN r n Sa, Was aIeayy
Court The Circuit Court OF lndann open ana unoruet
ed under the law could have punished such crimes
were troops Indiana but the state not the scene OF var
The troops be employed in the event OF Invasion or
matter how guilty gaR was there existed no authority 20
try him before Military Commission he not being IN the Ah'
tary or Naval service did Congress attempt by ITS gs
aon power Therefore the Court should order
his release from Military custody and remand him TO the Chb
tribunal
10 Ibis an the members Of the Court give affirmative an
swer also the second question presented namely Oug
the OF habeas corpus and order his re-
lcase And they say to the third question: lad the Nit
tnry logul night to hnf The opinion re-
che uect OF martial law and condemns ats exercise 10
where the Civil Courts are open and process unoo
/ strlcted
Chefustice Chase for himself and associates Wayne,
Swsyne and Miller read dissenting opinion relative 70
the third point namely: Military tribunals taxing tne
ground that they may be ordered by Congressional au-
oy in where the civil courts are obstrueted I'D
districts where military operations are in progress foIN
tsnatcy Indiana tho judges were loyal together VIVID
tho great Of the people, but might happen thal
dsioya Judiciary might impede the course OF lusee.
Hence there should be the means OF ahodlng protection
by the military power The guilt of the defendant had
nothing with the present decision, which has REFER
ence to the legality OF the military commission when ied
the case OF Mgan. The dissenting judges agrecd win
the majority OF the Court that Congress did not confer IN
this case tho power try tho accused By such eomms
sion but had made provision for the determination OF he
question before the Civil Courts. Ii will be recollected
that the case of Bowes and Hcrsey analogous to
that of Milgan and that the parties were released
from prison consequent upon the decision OF the
Supreme Court. The counsel in these eases were
for the petitioners Judge Mcdonald General Garheid,
and Dudley ID. Field, and for the other side Attorney
General Speed, Mr. Staubury and Gen. Butler NO no,e'
were permitted be taken by reporters IN court Oe he
above is believed gives the general points the decision
The courtroom crowded with members OF tne OAR.
including number from various States aud members OK
both houses of Congress- IL understood that the opinions
delivered to-day TO be printed In pamphlet FORM ior
public information u.