Daily Richmond Whig. [volume] (Richmond, Va.) 1865-1869, 1866-04-11

I OF 1872. The General after proclamation OF mar
! tal law in New Orleans arrested man. Judge
Hall awarded writ of hGbcdS corpus, and was about
to discharge him. General Jackson arrested the
Judge and sent him beyond the lines. This was
during active hostilities. Peace soon came. The
/ Judge returned and resumed his seat, and tined
General jackson one thousand dollars, which the
General paid thus acknowledging the abiding and
continuing vitality of the civil and judicial power,
and Welding to its retroactive energies.
cite this example to Illustrate the great prinei.
pie which has always and ever must prevail on the
American continent, that the Judicial power is and
will always be, a general rule, superior to the
military power. And here, ] may be pardOned for
saying, most respectfully, that never had any
/ sympathy with, or confidence in that barbarous
maxim, silent iCgeS inter GrmG Some forty years
/ ago, the State of New York had an eloquent, able
and fearless representative in Congress by the name
of StOrTs who, in a spirited debate topic some
what kindred TO this, exclaimed, in the House Of
/ Representatives " These words first fell from the
bastard lips Of the coward Cicero whilst playing sy
cOphant to the Dictator Casar.' There is rs much
force and beauty in this bold exclamation as there
is patriotic ervOr and elevated conceptions of con-
stitutiOnal liberty in the sentiment.
There is a law so supreme i'm its authority, so eX-
acting in its inhbtiOns so far reaching and perva-
sive in its provisions and sedate policy of course,
mean the Constitution of the United States-that its
/ commands should silence into awe all men, and this
law settles this question. 1t guards the citizen by
throwing him the "panoply of its folds while
il restricts and specifically limits all delegated pow
ems in cOurts-military and cvil-and in legislation.
will not cite its various provisions bearing on this
plea: they are doubtless familiar TO this court. ]
! ask does not that nstrument-as this case is pre-
sented by the Judge AdvOcatesecure to the accused
regular trial in the civil courts Does it not eX-
pressly inhibt this commission in plain, unmistak-
able terms from thus arTagning and trying the ac-
cused
! WHY were the civil courts opened, if the ac-
cused is to be thus arrested for civil offence, with
out complaint on oath without warrant; incarce-
! rated without an examination: Kept secret; shut
/ in from his friends, and now here arraigned before q
Military Commission, to he tried without the t0mali
! ties and guards of the law on charges-nOt one of
which has been sworn to If the courts are in full
operation, and all felOnies tried in those courts. and
| not here why is this case here? What has the ac-
cused done to be thus separated from all Others, and
hunted down by detectives, whose names are not on
the list of witnesses and the chief witness against
| him declared and admitted elon on every specit
cation under the charges What has he accom-
! plished, charged, he, man who bears
| good character with all who know him, that
such q worthless character Kit Hardin,
proclaimed i'm each specification n worth
| less depraved, degraded thief, shall he SUI
horned by brides and inundated by threats to
cause his arrest and Incarceration by the Ntary
| autborities-dened a preliminary examination
while any morning the Mayor Of the city could
and would have examined him and remanded or
discharged him IL cannot he that the civil courts
are diStrusted in this case, when all Others are eN-
amined by theml | should he sorry to think so.
The way was and is now open before the civil au-
thorties for full, immediate and speedy trial And
vet here he s--G military prisoner or no prisoner ut
all Why is this Why take jurisdiction of this
! case and none other
have presented this plea in good faith. ] have,
under every disadvantage, in great haste, prepared
! this imperfect argument. The Judge Advocate
| knows and will appreciate the disadvantages and
hurry under which have been compelled to prepare
this brief argument amid the most pressing and per-
picking professional engagements, having but one
night to consider the matter.
have endeavoTed TO treat the subject matter
plainly, canddy and impaItialy. ] have too
much respect for each member of this board to seek
to ilatter them, or attempt to misead them. They,
| like myself are citizens of great and common
country destined, if wisdom attends the people and
enlightens our rulers to he the home and pride OF
countless millions of happy, prosperous hopeful PEG.
! pe But if we are influenced by passion and
Swaved by prejudice we may iearthe worst, and des-
| pair of the republic We are saic-thc peOpe will
prosper and the whole country soon recover all the
losses of the past if there is peace and mutual con-
| fidence harmony and reciprocal action in all the
various departments of the Governments Let not
the military power seek to subvert the judicial pow
er.
With this view, under such impressions ! have
filed this plea 1t only seeks to separate, under the
Constitution, the judicial from the military au-
thority. This accomplished we shall have filled up,
perhaps the deepest chasm between the lately dis
affected sections of the Union. In this spirit the
plea is fled | hope it will he received and con
| sidercd i'm the same spirit. The accused has no fear
of confronting his foes here in the civil courts
All he desires is trial under the laws as they exist.
j. II. GIlMEE.