Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1866-04-19
The Case Of BosVIes, Milligan
and HOrSey.
rom the Indiana State Journal.

From the INDIANA Siate journal.
A majority of the Supreme Court of the United
States has decided that Bowles. Mlligan and Hor-
sey were not subject 10 trial by military com
mission, and that they entitled to the writ oil
ha6eas corpus pra yed for from the Circuit Court
for the District of Indiana. The Court acted up
on the statements forth in the several PETITIONS
of the prisoners, and not upon the clear evidence
OF their conspiracy and treason as 1t was detailed
on their trial; but according TO the telegraphic re-
port Of the ruling OF the Supreme Court, we pre-
snme that the decision take. the broad ground that
they were amenable only TO the civil tribunals,
whatever the character of their crimes was.
The decision is of no great consequence now,
as the period has passed in which they could ac-
coulplish their criminal purposes, and II IL to DE
hoped that an occasion for the exercise OF military
authority against conspirators may not arise again.
at least in the lifetime of the present generation.
The opinions Of the judges will not be delivered
until the next term Of the court, but we suppose
the ground Of the decision TO be that citizen IS
not subject to a trial by military court for often
ses of which civil courts can take jurisdiction; but
we do not know whether it goes TO the extent oil
holding that men who renOuuce their allegiance as
citizens, and set on foot military organization hos
tile to their government, and who assume the posi-
ton of officers in such organizations, are to De
deemed citizens instead OF public enemies IL this
ground is assumed, the court has decided 'hat the
fore our Government had SO far recognized their
belligerent character IS to accord 10 them the u
sages Of war. may maintain an action for false I'M
prisonment, against their captors The rebel cap
lives taken NJ Rich Mountain were no more pub
lie enemies than Bowles and Milhgsn, and II the
litter were amenable only to the civil courts we
are unable to perceive why the former are subject
to any different rule; but when the reasons OF the
Judges are made public, their rulings will be better
understood.
Since the war has closed and the public danger
has passed away, We anticipated that the court
would decide as il has done. judges are jealous
of any inte rference with their prerogatives, and
when their safety ofperson and tenure OF Office
have been secured bv the vigOr OF the military ar
they have not usually been slow to condemn any
supposed Irregularities of military officers however
great may have been the peril that evoked the eI
ercise Of unusual authority. The case OF General
Jackson and Judge Hall is an instance of this
The Judge attempted, after proclamation OF mar
tial law by the General then in command at New
Orleans, to deple,e his army by discharging his
impress sed soldiers, through the agency oil the writ
Of hGbeds corpus. For this, General jackson at.
rested and confined him in the guard house. and
subsequently, banished him beyond the military
lines there to remain Until peace should be de-
elared. This event soon occurred. and the irate
| Jndge having returned to the city, opened has
court, summon ed Jackson before him 10 answer
for contempt of judicial process and for the mpris
onment Of the Judge himself, and, refusing 10 hear
any argument in justification, fined the Generai
81 900, which was promptly paid. Yetnone who
knew the character of Jackson will ipaasine tha'
he would not have pursued the same course again
| under like circumstances, notwithstanding tue
| court held his act TO be illegal. u >,
The country always sustained General Jackson
course, and the fact that he had assumed ssprema
cy over the judicial tribunals in peTlod o. pnonc
danger, actual increased his popusarity Win 'nc
people; and he lived receive from the TREASURY ,
of the United States. the amount of the fine TO
which he had been subjected, with interest Tor thur
! ty years, which was voted to him by an oyerwheim
ing majority of Congress. ,,
| As 10 the prisoners, Bowles, Millgan and hor'
sev while they richly deserve to remain In prison
for the residue of their days, do not regard the,
discharge a Of any public importance. Whie
Seddon. Jeff Dayis's Secretary Of War, who is
primarily responsible for the horrible cruetes prac
iiced at Andereonville and other rebel slaughter
pens, is permitted to enjoy personal freedom, ws