The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1866-04-08

The Supreme Court Of the United
States has given its decision on the pc
tition of BoWles; Mulligan and Horsey,
who, not being in the military service,
were arrested and tried by 8 military
commission in Indiana, during the war,
They were charged with conspiracy.
giving aid and comfort to the rebels,
melting insurrection, DC, as members
of the secret order of American Knights
or Sons of Liberty, aud on trial were
convicted and sentenced to be hanged.
This sentence was committed by the
President to imprisonment for life.
While in prison they petitioned the
Circuit Court for writ of habsas corpus,
and to be released from military Gus
tody. The Judges of the Circuit were
divided in opinion and certified the
csses up to the Supreme Court on the
three following points:
First-0n the facts stated ought q
writ of habeas corpus to be issued
Second-Ought the petitioners to be
discharged from custody?
Third-IIad the Military Commission
jurisdiction TO try and sentence the pc
llblOutIe
The Court decided as follows:
First-That on the facts stated in
said petition and exhibits the writ of
ha5eas corpus ought to be Issued accord
ing to the prayer of the said petition
Second-That on the facts stated in
said petition and exhibits the said
Lambdin ?. Milligan ought to be dis
charged from custody, as in said petit
ton is prayed, and accordingIto the act
of Congress passed March, 8, 1868, enti-
tied an act relating 10 habeas corpus and
regulating judicial proceedings in GER
tain cases.
Third-That on the facts stated in
said petition and exhibits the Military
Commission mentioned therein had no
Jurisdiction legally to try and sentence
said Lambdin ?. Milligan in manner
and form as in said petition and exhi-
bits are stated, and it is thereupon now
here ordered and adjudged by this
Court that it be so certified to the said
Circuit Court
The Chief Justice said that the opin-
ion Of the Court in these cases will be
read at the next term, when such of
the dissenting Judges as see fit to do
so, will state the grounds of their dis
sent The opinion Of the Court is not
delivered now, because the cases were
reached so late in the term that the
Court had not time to prepare an opin-
ion.
This is q decision Of the highest inn
portance, and one that returns US TO
the status qlO ante belIlm. 1t convicts
many Of our officials of illegality and
wrong doing, and establishes those
muniments of popular rights which
have been so long disregarded. 1t rem
ders useless the plea so often urged
under the act of March 3, 1865, by
which an officer who was called to ac-
count for arbitrary acts, defended him
self by citing ian order of the President,
Tbo C,,,,,o-,-.-cI9 ?, under his authority.
:. aIT1. -. OOuII mas been very tardy
IN reaching a decision so consonant
WIN justice and law, and the people
nave TOO long tolerated those acts that
are now condemned. 1t is certainly
tardy justice by which three men SEN
fenced to death are saved from the
bunal.
Il re-,ains to be seen sslial ofIact tbis
will have upon the trial of the State
prisoners, Davis and Clay, who cannot
now be brought before a military tribu,
nal 1t goes back also to the loyalty of
the Court which tried the assassins of
the President, mot being in the mill
tary service" That verdict, Just rs it
was, could as readily have been secured
in civil Court, and the fame and
honor of the Republic saved from sus-
picion of harm. The full opinion Of the
Court, with the grounds and reasons
for its decision, will be looked for with
interest-N y Com. Adv.