Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1866-12-23


COMMISSIONS FOR THE TRIAT. or
CIVILIANS.
A majority Of the Supreme Court Of |
the United States, consisting of Judges |
Davis, Field, Nelson Grier and Clifford. |
de ,ided on Monday the 18th inst, that
Congress has not the constitutional power
- authorize military commissions for the |
trial Of civilians; that the language of !
the constitution is express against them;
aud that they are in violatioD Of the SUI
pfeme law 81 the land, n time If scdr as
~ time q peace. Chief Justiee Chase
and Judges Wayne, Swayne and Miller,
delivered dissenting opinion. The
opinion Of tie majority is the decision of
the court The decisioa of the court is
the FINAL Interpretation Of the Law, bind
ing alike upon co-ordiaate Departmental of
the governments, upon the States, and up
on the people. It is Only commended in
the dissenting opinion that such commits.
sions were legal during the time Of war
The fall court hold that they are wholly
without warrant in a state of peace.
This action destroys at once the whole
system, and condemns every Judgment
pronounced by such tribunals as Illegal
Its effect will be to reopen every case
decided by these courts organized to
convict; and, proceedings have already
been commenced in this behalf
This country has been in the valley
of the shadow of military despotism We
hail this as an evidence that we are in
sight Of the uplands, and that the liberty
Of the citizen is no longer at the mercy Of
military law. This yindication Of the
majesty of the law will protect, it is
hoped, against further acts Oftyranny and
injustice. 1t must do so, unless the Elk
ecutive arm is paralyEed and we have
full confidence that President johnson
will sustain the court so Ear as he is able
But it is to late to repair all the wrong that
has been committed. Some Of the vic
TINS Of this species ofpersecution are in
their graves. Upon the heads Of Stanton
and Holt, and their minions Is their
blood. SThis decision writes the awful
sentence of murder against every cOu-
mission that has taken the life Of citizen
1t brands the whole of such proceedings
as horrible national crime 1t stigma
ties the leading actors as criminals Of
the deepest dye. In its light, they stand
before the judgment of the civilized
world as men intoxicated with loyal
frenzy, and led into acts that should har-
row them with remorse. Few Of them
will feel it, however, for they committed
them against the remonstrance Of the So
Der part Of the community, and in cold
blood The inteFpration of the law
which pronounces their conduct unjusti-
fable, is but the expression of the sense
Of justice which condemned it at the
time it was perpetrated There was no
excuse for it, and there is no palliation
This action of the Supreme COnrt
should open every prison door which has
closed upon the living victims of these
commissions; and, Instruct justice, should
indiet every member Of them as Eiolators
of the law of the land, and subject them
to punishment commensurate with their
crimes Military commissions have taken
away the lives, liberty and property of
civilians. Restitution should be made by
the government as far as is possible in
respect of liberty and property and it |
would not be an unwholesome example,
If a few necks were broken in retribution. |
The last, however, would be a harsh |
measure, and neither advisable nor prac-
ticable We would have "by-gones be
by-gones, so far rs punishment is con-
cerned; but insist upon the justice of
reetifying every error that has been COM
mitted, and making as ample eOmpensa~
ton for injustice as possible.
The course of the Supreme Court in
regard to the test-oath and the subject
under discussion, has excited railing
among the dupes and dependents Of the
Congressional oligarchy. 1t is is fortu
nate that the country has President
and Supreme Judiciary that dares to
defy them, and that can move in serene
atmosphere If there were no checks to
the wild and licentious spirit which can
look with complacency upon the murders
by military commissions, and advocate
the abandonment Of every principle which
gives security TO well regulated liberty,
the end Of our career as free people
would soon be reached
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