, 1866-12-29


tunes and the poverty Of the planters would
meet with every indulgence, and would not
at all deter capitalists from giving them
another chance to retrieve their fortunes,
As 1t Is, there will be 4 general Withholding
Of capital, and the planters Will be lef, to
work out their own salvation.
H5lL1TARy TRIALS IN TIMES OF
PEACE.
Apropos Of the subject Of military trials IN
timca Of peace, just now made prominent by
the decision Of the Supreme Court In Milli-
gan's case, 4 very interesting decision by the
same tribunal, delivered by Mr. Justice
Story In 1Sa7, is reported in L. Wheaton, 10.
In 1914, during the war with Great Britain,
the President Of the United States made
rcquisltion on the Governor Of New York for
the militia In certain parts Of tho State to be
called Into the service of the General Govern
nent. Governor Tonpkins Issued orders de-
failing the militia in the districts designated
by the President In September Of the same
year, General Morgan Lewis, commanding
tho army of the United States Of the Third
Military District, convened General Court
Martial, mainly for the trial Of such citizens,
liable I perform military duty, as shonld
fall or refuse to rendezvous and enter
the service in accordance with
the Governors orders. This Court
Martial was continued, by various orders,
more than three years after The treaty Of peacs
zeas concluded. One jacob E. Mott, of POUCH
kccpsie, was summoned before It, and
appeared on the Soth day of May, 1913,
iuil three years and half subsequent to
the end OF the war. he was tried and
convicted OF having Sailed, neglected and
refused 10 rendezvous aud enter the service
Of the United States," In obedience to Gov.
crnor Tompkins' orders, before mentioned,
Issued in August 1914. The Court imposed
fine Of nlnety-sl1 dollars, and directed
Motifs Imprisonment for twelve months In
casc Of failure to pay the fine. This iudc.
1acnt Of the Court-Martial was approved BY
the President Of the United States, aud Dep
usy Marshal Martin under it., seized property
belonging to Mott and satisfied the fine.
Subsequently Mott sought to recover the
goods aud sued out a writ OF rcpfevin, claim.
i72 That the Court Martial had no lawful au.
thorisy ard that it's Judgment was void.
Mott WAS sustained By the Supreme
Court Of New York, and by the Court for
the THAI of Impeachments aud Correction
Of Errors, then the court OF last resort In
that State. Martin, the Marshal, appealed
to the Supreme Court Of the United States,
and that tribunal reversed and aunu,led the
judgment Of the New York Courts, sustain.
Ing fully the Legality Of the Court Martial,
LII noticing tfte objection that the trial
took place three years aud more after the
war was concluded, and in time Of pro-
found peace, Judge Story said: "Tae
"opinion OF this Court Is, that Court
nj r. II
Tbs, does not expire with the end OF the
war then existing, no. Is It's jurisdiction to
Try these o6enses In any shape dependent
"upon the fact Of war or peace. The act of
1'95 Is not conancd in Its operation to
cases OF refusal to obey the orders Of tho
President In times Of public war. On the
contrary, that act authorizes the Presi.
"dcnt to call forth the militia to
"suppress instructions, and tc enforce
tho laws Of the United States
In times of peace, And Conrts: :aJart;.,
arc. under tho lissh eeetinu Of III. lat. an.
Titled to take cognizauce Of, and to punish
:" delinqucncies In such cases, as veil as In
cases where the object Ia to rapcl invasion
In times Of war. It would be strained
construction Of the act to limit the au-
thofity Of the Court to tho mere time OF
the existence Of the particular exigcncy,
when It might be thereby unable 10 take
cogni1auce Of and decide sinx1a ofYsnce.,
The coustttutionality Of the act of Couvreas
under which the Couft-Nartial was convened
wns not erau questioned by Motifs counsel.
and Judge Story declared that. SIN our
"opInlon there is no ground far a donht m
"this pint, even II It had been relied m
for the power to provide for rencllinc ,n'
"rasious Includes the power to nror,a.
against the attempt md danger Of an tuva,
"s'oD, as the necessary and proper masns 10
cfIcctuate the object" The Court vas
also unanimously Of opiaion that the power
to decide when the e1iscncy has arisen has
been ye9tcd by the Constitution exc1u,isclv
III tho President Of the United States.
At the time this decision vns rendened
John Marshall was Chief Justice. and the
decihiou itself WIS pronounced by a Judee
whose fame stands second to none a. a CON.
stitutiona1 lawyer. 1fthe decision Ia correct
It would certainly seem to establish clearly
that military courts mar exist In time of
profound peace, In State which Is not the
theatre Of WAT, aud exercise It's iari4dIction
tevesal years after war has ceased In the
land, Imposing fines On men who are not md
never were either In the military or naval
service, and even impr'souiug them in case
Of failure to pay these fines. At tbc tt1oe
years before, the courts Of New York WERE
open and process Was uunbstructed the h.
btus corpas was not Suspended: th. rights Of
ftr1rS