Columbia democrat and star of the north. [volume] (Bloomsburg, Pa.) 1866-1867, 1866-04-25
United States Supreme Court.
MILITARY TRIALS OF F6IvTLIANS.
The Indiana Conspiracy Case.
ARGUMENT OF JEREMIAH s. BLACK.
CONCLUDED.

ra ss'r CONCLUDED
girt aeisri s.t ~ - -i
The truth Is, that no authority exists
anyEherein tReYorld for the doctrine of the
Attorney General No judge or jurist, no
statesmanor parliamentary orator, on this
or the other side Of the water, sllstains him.
Every elementary writerfrom Coke to Whar-
ton is against him. All military authors
who profess to know the duties of their pro-
fession admit themselves to be under, not
above, the laws. No book can be found in
any library to Justify the assertion that mill
tay tribunals may try citizen at place
where the courts are open When say no
book, I mean. Of course, no book of ac-
knowledged authority l do not deny that
hireling clergymen'haHesoften been found to
disgrace the pulpit by trying to prove the
divine right Of kings and other rulers to gov
ern. as they. please. 1t is true, also, that
court sycophants and party hacks have many
times written pamphlets, and perhaps large
volumes, to show thatthose whom they Serve
should be allowed to work out their bloody
VIII upon the people. No abuse of power
is tooifagrantto find its defenders among
such servile creatures Those butchers dogs
that feed upon garbage and fatten upon the
offal of the shambles are always ready to
bark at whatever iaterferes with the trade
of their master. h s3.itrsff
But this case doesnotdepcndo on authority.
tits rather question of fact than of law.
Iprove wright to trial by jury just as
would prove my title to an estate if Iheld
in my hand solemn deed conveyingit to me,
codpled with undesirable. evidence of long
and undisturbed possession under and ac
cording to the deed There is the charter
by which;we claim to hold it. tits called
the. Constitution. OF the United States. 1t is
signed by the, sacred name Of George Wash
ington, and by thirty-nine other names, only
less illustrious than his They represented
every independents State then upon this con
tinent, and each State afterwards ratified
their work by separate convention of its
own people Every State that subsequently |
came in acknowledged that this was the
great standard by which their rights we're to
be measured Every man that has ever
held Office In the country, from that time to
thus, has taken an oath that he wOeld sup
port and sustain it through good report and |
through evil The Attorney General him
self became party to the instrument when
he laid his hand upon the gospel of God and |
solennly swore that he would give to me and !
every other citizen the full benefit of ALI
contains
What does it contain? This among other
things:
The trial Of all crimes except in cases of /
impeachment shall be by jury
= Again: : No person shall be held to an
swer for a capital or otherwise Infamous
crime unless on presentment or Indictment I
of afgrand jury, except in cases arising in the
land or naval forces, or in the militia when in
actual servicein time of war or public dan
ger; snorlshall any person be subject for the
same ofense to be twice put in Jeopardy of
Life or limb, nor be compelled in any criminal
case to be witness against himself, nor be
deprived Of life. liberty or property without
due process Of kw; nor shall private prop
ertybe taken for public use without. just COM
pensation. .f,EaA
This is not all y another aarticle declares
that ::sin all criminal prosecutions the aecus-
ed shall enjoy the right to a speedy and pub
he trial by an impartial jury of the State and
district, wherein the crime shall have been
committed, which district shall have been
previously ascertained by law; and to be IN
ffromed Of the nature and cause of the aecu. h
saticn be confronted with the witnesses
sgainst him; to have compulsory process for
the witnesses in his favor, and to have the
assistance Of counsel for his Defense
: Is there any ambiguity there2 IF that
does not signify that jury trial shall be the
exclusive and only means Of ascertaining
guilt In criminal cases, then ] demand to
know what words or what collocation of
words in the English language would have
hat effect2 Does this mean that a fair, open,
speedy, public trial BY an i'm mpartial jury shall
se given only to those persons against whom
70 special grudge. is felt by the Attorney
General on the judge advocate, or The head
If department. Shall this intestimable
privilege be extended only to men whom the
dministration does not care to'consict? Is