The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1867-01-05

: DAILY ARGUS.
u ~ This paper has the iargsst circulation Of
my in the county, and is the Official paper for the
POST Office and City Council. - m.
nj ~. DAHToArHe r., RDIroR
saturday Evening". ........... .Jsn"a1y ..
ndllegality of Military
. Commissions to try
4 Civilians. 8
b -
DECISION IN THE INDIANA CoNsPIRA-
CT CASES.
= Of6cial Report.
II a
Fa sal 4aa
EgUPRE ME- COURT OF THE UNITED
~ STATES.
4
0mcial Report.
gUPRE ME COURT OF THE UNITED
I. STATES.
No. 350.-DEcEMBER TERN, 1865

E;s opinion bet,cees the Judges of the Circuit
I,M Court of the United States for the District
I of Indiana. e.
4 Mr.. Justice Davis delivered the opinion of
1 the court.
sCa On the 10Th day OF May, 1865, Lambdin
p. Miliigan presented q petition to the circuis
Il ourt of the United States for the District of
Indiana to be discharged from an alleged I'M
b lawful imprisonment. The case made by
4Ddhe petition is this: Milligan is 8 citizen of
the United States; has lived for twenty
fOEears in Indiana, and at the time of the
4 grievances com planned of was not, and never
Z had been, in the military or naval service of
4 ihe United States. On the 9Th day of Ooto-
{. her, 1864 while at home, he was arrested by
. brder of General Alvin P. Hovey, command
= ing the military districts of Indiana, and has
eAever since been kept in close confinement.
]. On the 2lss day of October, 1864, he was
/. Drought before q military commission, con-
Cened al Indianapolis by order of General
sHovey, tried ON certain charges and speoif.
tebations, found guilty, and sentenced TO be
hanged, and the sentence ordered to be exc
cused on Friday the 10th day of May, 1865.
20 On the I'd day of January, 1865, after the
proceedings of the military commission were
e'ast an end, the circuit court of the United
/ States for Indiana met at Indianapolis and
;smpanneled grand jury, who wers charged
u 20 inquire whether the laws of the United
States had been violated, and if so, to make
presensments. The court adjourned on the
9th day of January, having prior thereto
discharged from further service the grand
. tury, who did not find any bill of indictment
4 ipr make any presentment against Milligan
4 for any offence whatever, and, in fact, since
i his imprisonment no bill of indictment has
4. bssn found or presentment made against
II;n.aim By any grand jury of the United States.
Lr MillIgsn insists thst said military com.
EFtnission had no jurisdiction to try him upon
j he charges preferred, or upon any charges
= whatever; because he WAS citizen of the
srrUnited States and the state of Indiana, and
L, had not been, sinoe the commencement of
a. he late rebellion, a resident of any of the
States whose citizens were arrayed against
= the government, and that the righs of trial
, by jury was guaranteed to him by the con-
Il ,5titution of the United States.
4 The prayer of she petition was, that under
the act of Congress. approved March 3, 1868,
entitled ''An aes relating to hsbeas corpus
land regulating judicial proceedings in rtain
,-cases," he may be brought before the court,
and either turned over to the proper civil tri-
Abunsl to be proceeded against according to
Che law of the land, or discharged from ous-
A~ody altogether.
/ With the petition were fled the order for
!, he commission, the charges and specifea-
Ter of the war department, reoiting that the
a 'ensence was approved by the President of
2 he United States, and directing that it be
carried into execution without delay. The
Il 'ssition. was presented and filed in open
. court by the counsel for MIIngan at the
anne time the district attorney OF the United
e,ptates for Indiana appeared, and, by the
agreement of counsel, the application was
d ubmitted to the court. The opinions of the
Z Judges OF the circuit court were opposed on
o. hrse questions, which are certified to the
y upreme court.
y, 1ss. "On tho facts stated in said petition
81 nd exhibits, ought writ of habeas corpus
10 be issued 2"
n I'd. "On the facts stated in said petition
!. I'D exhibits, ought the said Lambdin P. Mil
= igan 10 be discharged from custody, as in
ii aid petition prayed ?"
All Sd. "Whether, upon the facts stated in
! naid petition aud exhibits. the military oom
! Mission mentioned therein had jurisdiction
/ Rgally to try and sentence said Mllligan, in
manner and form as in said petition and ex-
.o,@ibits is stated 2"
!, The importance of the main question pre-
e.hsentsd by this record cannot be oversssted
nor it involves the very framework of the
!. government and fundamental principles of
:. american liberty. 4ss ... 80
= During the late wicked rebellion the tenn
= yer of the times dld not allow that calmness
An deiiberation and discussion so necessary
do correct conclusion of g. purely judicial
Question. Then considerations OF safety were
: mingled with the exercise Of power, and feel
Il ngs and interests prevailed which are happi-
iT terminated. NoaO that the public safety is
i .ssured, this question, we'll as all others,
! san be discussed and decided without pas-
!. ion or the sdmixture of any element not re-
/ 7 iuirsd to form a legal judgment. We ap-
I oroaeh the investigation of the case. fully
: ,snsibie of the magnitude of the inquiry and
he necessity of full and cautious delibers-
/, ion. But we are met with q preliminary
.t3hiectiou. II is stated that the circuit court
slaf Indiana had no authority to certify these
!, questions, and we are without jurisdiction to
/ !, near and determine them. The sixth section
/ IF the 'Act to amend the judicial system of
| ne United States, approved April 90, 1902,
#tleclars shat whenever any question shall
4 occur before a circuit court upon which the
l.ppinions of the judges shall be opposed, the
A,oins upon which the disagreement shall hap
| shpen shall, during the same term, upon the
/ ,.squest of either party or their council, be
/ stated under the direction of the judges and
/ Il certified under the seal of the court to the
/ 5Aupreme court at their next session to be held
/ Thereafter, and shall By the said court be
/ ssinslly decided; and the decision of the su
/ I,orsme court and their order in the premises
| hall be rsmitted to the circuit court and be
There entered on record, and shall have effect
according to the nature of the said judgment
sand order: Prorided, That nothing herein
II contained shall prevent the cause from pro-
seeding, if, in the opinion of the court fur.
ther procssdlngs can be had without preiu-
/ dice to the merits"
|&k ~ n - As-% aas
1t is under this provision of law that cir.
putt court hae authority 10 certify any cues
| sion TO the supreme court for adjudication.
The inquiry, therefore, iis, whether the case
| of Milligan is brought within it's terms II
! was admitted at the bar that the oironit co,rt
aad jurisdiction 10 entsrtain the annIicat;on
for the writ of habeas corpus and to hear and
determine it and it could not be deni,d fa,
The power is expressly given in the i4th
| skection OF the Judiciary act of 1889, as we'll
!. BIS in tho later aos of 1863 Chief .Justice
Marshall, in Bollman's case. "a Cranch. Icon
| ltrued this. branch of the judiciary act to am.
shorize tho courts a. well as the judges to ~.
/ quo the writ for the purpose of inquiring in.
1 20 the cause of the commitment; and This
| construction has never been departed from
/ But it is maintained with earnest,,s,, and |
ability that q certificate of division q an;n.
ION can occur only in cause; and thai tha