Maryland free press., 1866-12-27
Rights Of Citizens and Powers or Msii-
tary Commissions.

WAsI1yoroy, Dec. lit will be re-
collected that tho Supreme Court OF tho
United States at its former session, an
nounced decision in the case &c parie OF.
IIambdin P. Milligan. declaring the ills-
gali'y ofhis trial for alleged conspiracy
before a military commission in Indiana.
and, in effect, ordering his discharge
from prison, he having been convicted
and condemned to death. To-day associ-
ate Justice Davis read az elaborate opin-
ion in his, case, in which reference was
made to the Importance of observing the
constitutional guarantees for the protcc-
tion of the citizen in his person and prop.
erty. The powers ofthe constitution.
he said, should not be strained to suit
emergencies, for on its maintenance in
sll its integrity depend our li'ertic$and
free government, not only in the present.
but for all time to come. The case being
before the United States Supreme Court
J., certificate of division ofopinion of the
tw, ju lges of the United States Circuit
Court of Indiana, the former maintains
that the matter Was properly bcforeit.
'The fact that the bench were divided
could not operate to the prejudicc of the
complainant, nor deprive him of his right
of appeal to the civil tribunal under tho
net of March, 1868. Although the priv
lege of tho writ of habeas corpus has been
suspended, his right under the constitu-
ton and laws still remained. He was
citizen of Indiana, and had never beea
in the land or naval service, or in the ae-
tive militia r II was true conspiracy ex-
listed in Indiana and the complainant was
accused of participating in it, but aecor-
ding to the act of March, 1868, provision
was clearly made for the trial of such clas-
scs of offenders before.a civil court.
1.-The Circuit Court of Indiana, under
the law, could have punished such crimes,
and there was no fear of an interruption
of process. There were troops in Indiana,
but that State was not the scene OF war,
and these troops were to be employed in
the event of invasion or sont to operate
where military necessity might require.
No matter how guilty Alilligan was, there
existed no authority to try him before
military commission under the constitut-
ton, he not bcing in the military or naval
service, nor did Congress attempt by its
legislation to confer such power; therefore
the court should order his release from
military custody. and remand him to tn,
civil tribunal"
To this all the members Of tle cour.
gave an affirmative answer, and also to ,bs
second question presented, viz: "Oasht
the courtito issue writ of habess cor
pus and order his rel aseY' Thev an
swered in the negative to the third ones.
ton; Had the military commission tb.
legal right to try hinr2" The opinion re-.
views the subject of martial law, and oon-
dems its exsrcisc In cases where thu o;v;,
courts are open and the processe, urob
structcd. ....-........ .s.
Chief Justice Chase for himself md
associates Wayne. Swayne and Miller
read dissenting ofopinion relative to II a
third point. viz: military, tribunals taking
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the ground that they may bc ordered by
congressional authority in cases vbo,.
the civil courts are obstructcd, in districts
where military operations arc in progress
Fortunately, in Indiana, the judges wero
loyal. together with the great mass of the
people. but it might happen that a disloval
judiciary might impede the course ofius.
tice, hence there should be the means Of
atfordng protection by the military power
The guilt of the defendant had no,b;n
to do with present decision. which has
reference to the legality of the military
commission which tried the case Of Null.
igan, The dissenting judges agreed with
majority of the court that Congress did
not cenfrr in this case tho power to .ry
the accused by such commission, / ut hn,,
made provisions for tho determination Of
tho question before the civil courts.
The courtroom was crowded with mem.
bcIs Of the bar. including number from
various States. and men,bcrs from both
Houses Of Congress. It is understood that
theTopinions delivered today arc to bo
printed in pamphlet form for public info.
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