The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1866-05-02

/ charged RON custody! 7l
/ Third. Had the military commission in.
risdiction to try and sentence the peti
Ito er
I lie Supreme Court has decided
W. First. That on the facts stated in salt
petition aud exhibits, the writ of habeas
corpus ought to he issued according to the
lprayer of the said petition. ~
L Second. That on the facts stated in said
petition and exhibits, the said Lambdn r..
Milliean ought to be discharged from Gus O.
tdy, as in said petition is prayed. and accord
ling to the act Of Congress passed March 8
1868, entitled an act relating to habeas cor
/ pus and regulating Judicial proceedings in
certain cases. 4G i5 f5 3a'
/ Third. That on the facts stated in said
| petition and exhibits, the military commits.
mission mentioned therein had TO julisdic
ton legally to try,and sentence said Lamb
din P. Milliean in manner and form as. in
said petition and exhibits are stated. and
| it is thereupon now here ordered and ad
Judged by this Court that it be SO certified
to the said Circuit Court. aa4a,a
Under this ruling from which THERE'S no
appeal many of the judgments rendered by
military commissions, during the war and
since the close of hostihties. are declared
Illegal, and the parties rendering them and
executing sentence are subject to prosecu-
ton aud punishment for the wrong they
have inflicted. Wrong dQels cannot lead
lin lime Of peace, tie passions and exalta-
ton consequent upon a state OF var, The
law is not a thing Of sentiment hut Of stern,
lnexorable fact. If. by usurpation Of a,l-
tholity, whether military or civil, certain
men have taken human life within the ju-
risdiction of our civil CouIts,. they are liza.
bic to the penalties of murder. Ifthey
have literally deprived American citizens
Of their liberty, they are liable to be prose-
Gu ed for false imprisonment. And, what
ever other injury they may have. occasioned
IN the unlawful exercise uf power, they are
to the sufferers for damages be-
fore the properly constituted tribunals Of
the land. t.gf
Far be it from us to invoke the spirit OF
retaliation. On the contrary, we advise
Performance. and would willingly conlpro-
mise with fanaticism so far as to cancel ali
responsibilities for the events
that grew out Of the late intersectonul
strife. But while there are fanatics in the,
North clamorng for the inaction of chas,
tisementtepon the Southern people, let them
bear in mind that they themselves are not
exempt from the legal consequences oil
their Illegal acts. Far better that on all
sides a liboraland generous policy should |
be adopted. If the Radical would oulytlet
the past be buried, its spirit would soon
cease to haunt our county t e reign Of
military power is owe. Military commits
3ions, courts martial, arbitrary arrests. i'm |
prisonment in bastiles, suspeusionof fabeas
corpus. seizure of property without process
Of law all those agencies ofdespotism are
evils of the past. We have written so
much in protest against them while they 7
lasted that. now that they have gone. we
have no disposition to dwell upon the
theme. We are pleased to rejoice that the
Republic is tree from them. We trust foley
ar.; and it. as the curse var;shes. We could |
welcome the advent of spirit oftoleration |
and mutual forgiveness, We could ask no
better promise of peace and happiness, for
our country. jsa
Ny. News.
b. .ssfE- aatl r K r.