Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1866-06-16
" a r I E II z.
From the New York World.
The Eagan Habeas Corpus Case.

The Eagan Habeas Corpus Case.
ILLEGAIITY OF TRIALS BY MILITARY COM
MISsIoNs--IMpORTANT DECISION BY JUDGE
NELSON
United States Circuit Court-Bc/oyc Juel1c
Nelson.
In the matter of James pagan, prisoner
in the Albany Pentcntiary -haLeos co,7,as.
Amasa j. Parker for the petitioner; Wm.
A. Dart, District Attorney, for the Govern
mci,t.
Nelson, G. 1.-The petition and return to
the writ Of hobcus corpus issued IN this case,
presents the following facts:
The prisoner is citizen, and by occupation
farmer, i'll the Lexington District Of the
State of South Carolina, some eighty years of
ago, and never engaged in tho military service
or connected with the army Of the United
States, or of the so called Confederate States,
has been arrested and tried before Military
Commission, in pursuance of orders issued at
Headquarters of the District of Western South
Carolina, Columbia, upon charge of murder.
convicted, and sentenced for life to the Alba
ny Penitcntiary.
The SPECIFICATION in tho record of the crime
is the killing of a negro boy by shooting him.
on or about the 9th of September, 1866
The trial took place on the 20th of November
and the sctptencc pronounced on the 1st Of
December following. Tho sentence is ap-
proved by tho order of Brevct Major General
A. Amcs, and also of Mai General D., H.
Sickles. The only paper or evidence before
us, on the return to the writ of habcns corpus,
is the record or order of committal in the
hands Of General Plsbury, the supcriBten
dent of the pcnitentary, which contaitS the
above facts.
: Ior ~, IL u l., r. ~
Military Commission took place some seven
months after the termination of hostilitics and
the surrender of the rebel army to the author.
the offence il one which, according to our con.
stitutional system of Government, is cogciza-
bic by the judicial authorities of the State,
and not of The Federal Government. And,
also, that the trial was not under the rules
aud articles of war as established by the Uni.
ted States, in Congress assembled, as these urc
limited to the government of tho land or ma
val forces Of the United States, and of the
militia when in actual service in time of war
or public danger.
The trial must have been had under what
is known and dcnominatcd "martial law"
and the question in the case is whether or not
this conviction and punishment can be- held
by reason of that authority.
All respectable writer's aud publcists agree
in the definition of martial law-thoti it is uoi-
ther more nor less than the will of the general
who commands the army. 1t overridcs and
suppresscs all existing laws, civil officers and
civil authorities, by the arbitrary exercise of
military nQwer; and every citizen or subject,
in other words, the entire population Of the
country within the confines Of its power, ia
unl,iectad To the Nero will n, oanrca of tho
commander. He holds the lives, liberty, land
property of all in tho palm of his hand.
81. Martial law is regulated by no known or cs-
tablished system or code Of laws, as it is over
and above all of them.
II, Tho commander is. legislator, Judge, and
4 exeoutionor. His order to the Provost Mar
shalis tho beginning and the end of the trial
and condemnation of the accused.
; There may be a hearing or not at his will.
Y If permitted, it may be Drum-hoad Court
Martial, or, the more formal Board Of a Mill
tary Commission, Or both forms may be dis.