The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-18

vss made 70 the importance Of obssns the coassisa
tonA guarantees pr 90 protection the citizen In hs
person and property. The expensnoof our psss history
showed the wisdom. d the frAmes Of the consiisa-
ton In constructing II 10 bo alike efficient 10
war a. In peace, spwn In tho civil
contest through which We have just passed The
powers Of the constitution should NJ be strained 70 mess
emergencies for on lie mantsnaISe In all iss integrity
appended our liberties and free government NOT only In
he present. but for all time to The case being
oeo'e 'hs rnsed s,aios sulrom Court ON csrncass q
a'sis'on q opinion Of the Judges Of the United
e.s. o'feaa coars for Indiana, tbs former nAiniaas
sass INC matter vas properly bdors Il Tho fact thss
dics o. tho complainant, nor dssv. hin OF his rshs Of
spResi 70 Ine cvi tribunals under tho oct Of March.
49, h hnn Me privilege % The wr! Of hsss.s
stitut,on and Law sun rsmarsd He Was . c,s.
ssn o. Indiana, and asi never bsss 10
tive militia Il was TN, oonsprscy el
isted ~ Indiana when the .ef.ndsst WA soeuses
1888 provision Was csariy made FOR he tnsi Of such
clasrs Of offences before c,y' The Circuit Court
q Indians was open and sr,os'rssisd and o.sin.s
law could hsvs punished $3.50 crme and thsre wss 20
fear Of any iussrruptioa aproe: There we're troops
troops we're 70 BE- employed che event Of invasion
ssnt to operate where alsisy necessity night require
matter sos guilty M, n ~ eomm.ss 70 40
being in the iniaryM naval service nor dd Congress
a.lsmpl by il Isw,Allon V confer sch power Iksr,
fore the Court shouId order his release frou mill
tary custody and remand him 10 the ctyi tribunal
70 III tie nbss VI thu court give an Affirmative
answer, and also 10 the sacnnd question presented
vad order his relAsssr Asd shey say 70 tho thre
s,esioa-Had the military cotnmsstoe NE legHi rfgh
AIRY hiiny The opinion reviews the subject 81 martha
laN and condemns ~ In cases who're the cavi
COLTS open and prooess u unobsructed
Chef Justfcc thase. for hmsslf and sssoetAsss
Way~, swsyne aud Miller, read disss0tng opintos
sela'i,N " ths third point namely military tsibusAls
sonAl authority In cases where tho civil courts ~
oo-rnciAd in dicts where military operations are 10
progress Fortunately In Indiana tis judges wsrc loyal,
tpgslhcr With the great " tho people, hut -
might happcN that disIoyai Judiciary might impses
the cenrr of justice Hence thsrs should b NJ
The gnils OF the dsfendsni bad nothing 10 do 9TH
the present decision, which has rrfsrcnos 40 Ne
legality oi the military coumiszion which uia1
the u MN an Tho judges agreed with ~
majority Of the court ihai Congress dd coner In ths
the power 10 try tho accss by such mission.
but had made prov son Tor tho determination of tho gus
ton before the civil cour II will DO rccolloctsd that The
Of Bowies and Horsey analogous thai "
MiligAn and mat the PARTIES released frotn prime
consequent upon the decision " The supreme Court The
counsel ia hcse Cor N. pelitonsra Jadr~
Mcdonald. General asfbcld ami ~ Dudley Field and fos
tho other side, Attorney General Sped Mr. saroer,
and General ButieY
court but tho above, u 10 believed gives ths general
ponts of the dession. Tho court room crowdsA
With i1snD-rs " tb- bar incufing 4 nnnssr from W
rous states and members or both Hon.s OF Cnngross
Il IN understood thai ito opnioas DEF vsred u day are %
he printed In pamphlets form for public nsornns'4a