Nebraska advertiser., 1867-01-10
NrbrOsIta aouertiser
IOHNL.C oLHAPP, EDITOR.

The supreme Court have recently
made Adhesion which, in tine, will b
regarded ss infamous ss the DEsd Scot
decision, and a. binding upon freedom
and as favOring 80 The lsven Of slavery
Sill remaining 10 he South. 70
The case, is that Of Lsnbdihs p. Nil.
ligaD. arrested in IDdianu BY military,
tried BY COuri Martial and condemned
20 be hung. The case wa taken before
the Supreme Court certificate Of
. division Of opinion between the Judges
Of tbs CiFcvif Court Of the United States
for The District Of Indiana, upon The fol-
lowing points:
Ought 3 writ Of habeas corpus to be
Ianed 7" "a.
s.Oaght the said Lambdin P. MilIigsn
% Be discharged from custody ?"
btE&ghetheF, upon the facts stated ia said
sEzsitiOu and exhibits. the military CON.
mission mentioned therein bad juTisdic-
aion Ssgally 70 Try and sentence said Mil.
Iigan 10 manner and form az in said pc.
iition add exhibits Is stated 4'
On The fret tWo counts The decision
vas unanimous 10 the affirmative, on the
ground that no law Of Congress existed
sUthorizing military trials IN Indiana
% The last thers 10 q division; i've Of
The judges deciding that the military had
DOT legal Jurisdiction while civil cOurls
are ia sessioB that The Military Com.
mission which ried MiIigsn was not
suthorised BY Congress, and that Con-
eres. has not the power 10 authorize
Sueh q Military Commission where civil
courts are al the time 10 session. The
minority, agreeing upon the two hrst
counts. and upon the lack Of Congress
81 anshoriEalion in The case above men
ucned. but render their minority opinion
taking issue upOn the powers Of Congress.
The minority opinion, delivered by Chief
Justice Chase, says:
I'VE agree, therefore, that the two
aFst questions certified must receive
affirmative answers. snd the last . mega
Ave. We DO not doubt the positive pro,
visions Of the act Of Congress require
such answers" ''But the
opinion which has Just been read goes
farther, and, as we understand il asserts
not only that The military commission
he'd "a Indiana ives not authorized By
Congress, bHf Il pGCs0f q he pOUer of
CoAgTess 10 authorize Il, Hon which II
may be thought 10 follow that Congress
has no power 10 indemnify the officers
who composed The commission against
liability 10 civil courts for acting as mem.
bers Of t. We cSnnOt agree 70 this."
So far ss the Court is unanimous no
sxeeption can be taken, but where the
majority 90 beyond what the certificate
calls for. and decide the powers Of Con-
gFsss, there it becomes UNANIMOUSLY parti.
zan. This decision wil in effect make
every officer who has set oua court mar.
Ii1l II the loyal Gates amenable to pun.
ishment fOr whatever penalty such court
saSSsal NY have awarded 70 ~ prisoner.
Thus he members composing the Mil
taFy commission which tried and coDdem-
ned he conspiraiOrs are liable to the
chsrge Of murder; and even President
JOhnsOn-ihOugh he Is now reported 50
well pleased ~ The decisiOn-it soems to
rs u IN The sane Pr~edicamsnI. for he
convsuod The said commission and sp-
ygoVsd ias ssnisnses.
This SseiIiou will nblEifY the freed
mau's bursau and civil rights lave and
give the loyal sOasbsEnerS. both white
and black. up 60 the tepdSr mercy Of
rebel courts. &
This decision lacks but little Of deciar.
Jog the Transcription Amendment null, s
insOmDeh as il Vi rtOalIy turns back the ]
wheel Of progress D places the victory &
10 rebel hands. Armed with this decisi. 7
sion, "My Policy" and traitors are '
''msstersO Of he situation" 7