The Conservative. (M'connelsville, Ohio) 1866-1871, 1866-12-21
FROM WASHINGTON.

WASHINGTON, Dec. 1.-THE Supreme
Court Of the United Ststos to-day de-
hvered an opinion as 10 the legality
and Constitutionality Of the trials by
Military Commission. The case before
the Court was erpdrte LamdeR p. Mil
igan in the Indiana habedS corpus case.
The Court held that in the facts stated
in the petition and exhibited, that the
writ Of hdbedS corpus was properly is
sued, ahd that Miligan SHOULD be dis
charged from custody and that the
Military Commission had no jurlsdic-
ton legally to try and sentence the
petitioner. II
Justice Davis delivered the opinion,
holding that Congress- provided against
such commissions, rather than in, favor
Of them, by the act Of 1863, and that
the Constitution tho supreme law of
the land-in times Of peace, az in times
of war, is expressly against them.
Chief Justice Chase, Justice Wayne
and Miller concurring, deserted from
40 much of the opinio as held that Con-
gress has not the Constitutional power
to authorize military commissions; but
but the Chiefjustice concurs in the an
swcrs gigen.tO the questions certified
in time Of war Congress may authorize
military commissions to try offenses
such as charged in the case before the
Court. ~
The District Suffrage Bill was form
ally considered in the Cabinet Of Fri =
day last. The members unanimously
...,.l 18th III hr.aiIAnt IN Ita
dlsaproval of il, All the members were
present except Mr.. Stanton, who was
absent from the city, therefore his views
of the measures were not made known
to the Cabinet. The secretary of War
is expected to arrive here ia the morn
ing, and the Suffrage Bill will be before
the Cabinet in the afternoon, when Mr.
Stanton is expected to indicate his APP
prevail or disapproyal Of the President
Contemplated veto.
In the Senate to day, while the bill L
repeal the thirteenth section of the act
. empowering the President TO grant I'M
nesty and pardon was under considera
ton, Mr.. Trpmbull stated that the OBJ
Lection 20 the section sought to be re
pealcd is that it is broader than tn,
Constitution; that there car be no ne
cessity now for exercising the powe.
Q to grant general amnesty and pardon
r and that Congress did not desire to b
a party to giving the President create
power than is conferred by the Consti
9 tuition.
1t was admitted, however, that tn
Presidents power TO restore propert,
will not be affected by the repeal {
the thirteenth sections that the Presi
dent has accompanied pardon by a
order directing property TO be restored
but this can not effect the title to con
fscate property when third parties in
d ~tervene, or have acquired rights ]
n was also admitted hat the PresideI
n can pardon an oflense before or afte
conviction. ~H..t ..'
0 The Ways and Means Commute
further discussed the Boutwell, Col
Bill this morning, bnt came to no cor
Of clusion with regard to any of it's pre-
visions. 1t is understood that there
- considerable division of opinion as
a. the amount of gold that should be lie
3 In the Treasury, and this may even d,
feat the proposition entirely, Til
Committee resolved to postpone furtl
s, err consideration of h eSubject until q
ter the holidays, and to have no Sc
n. sions during the adjournment, I'll
remaining time before tho recess wi
O. be occupied IN collating matters bea,
VI ing upon the tax bin.
Governor Worth's North Carollr
delegation, including himself, Chic
justice Rufin, ex-G Governor Swain az
ID Hon, Nathaniel Boydon, had int
"a views with the President anG Attorne.
N general to-day, regarding the subje
y of General Slckles' new order in ii
CArolinas prohibiting corporal punis
ment, The laws Of North CaroIins,