Delaware State journal and statesman., 1866-11-29
OPINION OF THE COURT

JUDGE HALL.
The Commandant of the Fort has returned
the writs, producing the bodies of the
prisoners and alleging rs cause OF their i'm
prlsonment and detention, that they were
arraigned and tried before n Military Com.
mission convened at Charleston, South Caro-.
lima, by virtue of special orders from the
Head Quarters Of the Department of South
Carolina, dated December 30, 1865, of which
commission Brevet Major General Charles
Devens was President, on charges and speci.
iications (substdntidlly) that they (the pris.
oners,) actuated by hostility to the United
States and with intent to oppose its military
forces, on the 9Th day of October, 1865 al
Browns Ferry, Anderson District, South
Carolina, while Martial Law was in force
by authority OF the President of the United
States, did voluntarily associate with an
armed band and acting Herewith with un-
lawful force attack and overcome certain
guard detailed and on duty at Browns
Ferry, IN the State of South Carolina. under
the authority of the President of the United
States commander-in-c chief of the Army and
Navy of the United States, and kill by shoot
ing with pistols or fire arms and by drown
ing in the Savannah River q corporal and
two priyates (aamed) duly enlisted soldiers
oil the United States Army, constituting the
said guard. The second and third charges
varying from the first, in the second being
OF Murder, and the third Of Robbery, at the
same time and place, Of the corporal and
prlVates before named, and both alegipg
that the prisoners 'in company with other
citizens" perpetrated the crimes, that the
prisoners to these charges and specifications
pleaded not guilty; and thereupon before the
SAID Military commission trials were had
ana the prisoners convicted and sentenced
70 De hung The sentences were approved
IN nrfaNn flfrfv Mnsn q
two OF the prisoners commuted to imprison.
ment for life in the State prison at Concord.
New Hampshire, upon the unanimous re.
commentator of the members of the COM
mission. Afterwards, 26th of July, 1866
the sentences of all the prisoners were com.
muted to imprisonment for life at 1ortupas.
by the President of the United States, and
they sent by his order to Fort Jefferson.
Florida. On 9Th of August, 1866, the com.
manding Major General OF the Department
OF Florida, by instructions from the War
Department, directed their removal to Fort
Delaware, where they are IN custody of the
commandant.
The prisoners are held under the sentence
of TIE Military Commission that has been
mentioned committed, as set forth in the re-
turn. They did not belong to the Army or
Navy OF the United States, but were Citizens
three of South Carolina, one of Georgia.
This appears on the proceedings; the allie.
CATION in the charges is, they ''in company
with other citizens" 1t is insisted on their
behalf, that what is set forth in the returns
as the cause of their imprisonment and de
tention, is no cause; that the proceedings are
an arbitrary and oppressive violation OF
their constitutional rights. The question
presented is, can the Laws of the Union
faithfully and impartially administered
without respect TO persons according to the
oath required from its Judges, suffer the
prisoners to be held in execution of the
sentences of this Military commission? the
colnmuted in place OF the original its force
from the Commission.
The question is certainly grave one:
feel the peculiar burden of il. have been
desirous TO see it in every light, and hear
all that can be said upon the subject. am
obliged to the counsel for their elaborate
arguments, exhibiting, as | believe, every
aspect of it.
To sustain the proceedings of the Military
Commission the case of "rhe King VS.. John
Luddis'' l East. 306 has been cited, and the
position relied upon that Of Mr.. Erslilne as
serting as correct principle, that IN the
absence of all civil judicalure the military
may try offenders; and the condition Of
South Carolina just after the war of the re-
bellion aifordlng ground to presume the alb
sence of all civil judicature to try offences.
But public documents of which the court
must take notice, do not admit this pre-
sumption. The rebellion had ceased, and
the authority of the United States was ac.
knowledged in that State in April, 1865. In
June 18Th the Presidents proclamation ap
pointing the Provisional Governor was is
sued, giving authority among other things
to exercise all powers to enable the loyal
people Of that State to restore it to its CON
stitutional relations to the IJnited States and
ordering, that the District Judge for the
District In which South Carolina is included
to proceed TO hold courts, and requiring the
Attorney General to instruct ali officers to
enforce the administration of justice; under
the Provisional Governor the civil institu.
tions OF the State were in operation and