The Daily empire. (Dayton, Ohio) 1865-1867, 1866-04-12
y Tri- GLEANINGs FROM THE MAILS.
Trial of Civilians by Military
bunnlS.


The Cincinnati Enquirer thus expresses
it, opinions of these bodiesfwhich were
the engines of so many outrages, Oppres-
sons and murders during the war. The
day OF rotribution is dawning rapidly.
Says the Enquirer!
We have very little doubt that when the
opinion Of the majority Of the court is pub
lished, II will be found TO cover the whole
ground. and deny totally the right OF such
tribunals to exist. It will be remembered.
that while they were defended, both upon
considerations OF principle and expediency,
by nearly the entire press OF the Republl-
can party; while any symptoms OF opposi-
ton to them shown by Democratic journals
was denounced as reasonable, and ventila-
ted as proof positive of sympathy with go
cession, very few unmilitary persons con-
victed and sentenced TO suffer death by
them were permitted to be executed.
Executive clemency, as 1t was called.
stepped in, at the opportune moment aud
the hand of the executioner was stayed
We never doubted why this was done. IL
was no disputable question. The lawyers
of the Administration, although not In
general. perhaps, very eminent counselors.
knew that these tribunals had not. and
could not have, any rightful authority !;
that every man cut of from life through
their decress, however unworthy to live he
may have been, was, In the eye of the law,
murdered. and that the blood-guiltiness
extended back 10 those by whom the courts
were created and commissioned. IL WAS
not matter in which even tyros In legal
science could entertain doubt.
The spectacle of the head men of a great
nation permitting such violence aud wrong
and not permitting, merely, but with
their own hands calling into existence and
setting in operation the machinery by
which it was perpetrated--and then com
ing In with pretended mercy to pardon the
ulprit but with real cowardice tO screen
themselves from the consequences that
might result from murder perpctrated in
the name of justice, Is such an one rs, for
the credit of civilized humanity, we hope.
has not often been perpetratcd. The author
of volume published not two years ago,
speaking of things which were then PIES
ent. says:
1T Is impossible TO overlook the great
fact that the employment of civil officers
has ceased TO be IA perceptible feature IN
the general administration of the Union.
Those duties which, with some exceptions.
under the British system, have not, far more
than five hundred years, been intrusteCl to
the military, are now habitually discharged
by that arm of the public service. We Ven
ture to say that there is not one general
officer engaged In active service who.
judged by English or Federal law, has not
maue himself liable to infamous punish
ment through the Courts OF civil judica-
ture; nor Is there the least question but
those Courts have legal jurisdiction OF
every such oilense."
In all probability the opinion of the Su-
preme Court, when It shall be promulgated,
will pronounce every extension of the iur-
isdiction of military tribunals beyond their
Legitimate province-the army--illegal.
Such being the case, all who have been en-
gagged in them will be. in the eye of the
| law, wrong-doers, and as such subject to
prosecution by those who suffered In per-
son, liberty or property at their hands. 1t
is AN established principle of law that 10
man can justify himself for his unlawful
acts by setting up an authority In itself un-
lawful. The administration by commits
sloning men to hold illegal courts. cast them
into danger. 1t is one of the penalties
which men pay for supporting weak, cum
ming and cowardly administration, which
seeks to screen itself by debauching and
sacrificing every thing that is below it: re
quiring its adherents, for its sake, to make
knaves and criminals Of themselves.