Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1867-01-04
Washington News.

The Coasttfmtioaaitty IF Military Tribe
mats, Drcr,ety o,Opiaioas IN hs Su-
Premy Court. Massacre Of Setdtsfs
medr Fost Ph,i Kearney By Iadie~s.
WAsuINGToN, Drc. 81.
The opinion of the Supreme Court IN the
matter OF Lambc L. Mlligan, petitioner
IN certificates Of divisions of opinion he
tween the Circuit Court If the United
States for til, District of Indiana, has been
published, sliligan, it will he rccnllccted,
was tried on,l convicted by n military
commission. The opinions Of the Judges
VI the Circuit Court are opposed Oh three
questions as follows:
First--On the facts statcdin the petition
and exhibits, ought Il writ of habeas corpus
to be issued!
Second--On the facts started, ought
said Lanlhdeu +. hlilligan to be discharg
I'd frem custody, as in said petition prayed,
Third--Whether upon the facts stated
in said petition and exhibits, the military
commission mentioned therein had jurisdic-
ton legally to try and sentence said Mill
igan in the manner and form as in said
petition and exhibits it is stated!
Justice Davis delivered the opinion for
the Court, in which he said one OF the plain.
est constitutional provisions was infrngcd
when Milligan was tried by court not or
dained and established by Congress. No
reason of necessity could he urged why lie
was not delivered to the Circuit Court of
Indiana, to be proceeded against at cor,ling
to law, and another guarantee of freedom
was broken when he was denied II trial by
jury. To the first two questions the Court
gave an affirmative answer, and mega
nve to- the last one.
ehicf Justice Chase, for himself and JUS
.ises Wayne, Swayne and Miller, being
unable to concur III seine important
particulars with the opinion which had
been read. made separate statement Of
their views of the whole case. He said
the trial and sentence Of Milligaa were by
*miGtary commission, convened i'll lndi-
a,su, during the fall Of 1864. The action
Of the commission had been under consid-
Grafton by President Lincoln for some time
when he himself became the victim Of an
ahhored conspiracy. 1t was approved by
his successors in May, 1865. and the sen
tencc was rrlered to be carried into exc
eution. The proceedings therefore had
the fullest sanction Of the Executive de-
partnlent Of the government 1t was clear
the writ ought to issue, and that Mllligan
was entitled to the discharge he prayed
for
File third question must he answered
negatively, as an unavoidable inference
from affirmative answers to the other two
We do not (he said) doubt that the pos
tive provisions Of the act of Congress re-
quircs such answers. We do not think it
necessary to look beyond these provisions.
In them we find sufficient and controlling
reasons for our conclusions
But we could not agree to the opinion Of
the majority that not emily was the military
conlu,issien not authorized by Congress,
but that it was nst in the power of Con-
gress to authorize it from which it may be
thought to follow. The Dissenting judy
es maintain that while peace exists the laws
Ofpeace must prevail. What they do main
tain is that when the nation is involved in
war and some portions of the country is
involved and all are exposed to invasion it
is within the power of Congress to deter
mine in what State or districts such great
and imminen: public danger exists as JUS
tifies the authorization of military tripu-
nails for the trials OF crimes and offenses
against the discipline or security of the
army or against the public safety. We
cannst doubt that la such tnue Of public
.IssHger when conspiracies existed in Indi
ana, Congress had power under the con-
stitutisn to provide for the or, anizatiOn
Of military commission, and for the trial
by that commission of persons engaged in
the conspiracy"
Gen. Ashley haze prepared BILL to be
reported on the reassembling of Congress,
having in view the reorganization of the
Southern States, not however remauding
them to a territorial condition, but reor-
ganizing sneir present arrangements I'M
til q convention can be called to remodel
the respective governments.
Th. Commissioner of Indian affairs has
received tie following telegram,
Fort Laramie, Bee 81.
Hon. Lewis Bogy, Commissioner of Indian
Affairs
An Indian arrived from Tongue river
reported that a largr party of several In
dian tribes left Tongue river on the 18th
inst for Phil kearncy, and on the 22d the
Indians We're discovered near the fort.
Brevet 1t. Col Fetterma,h Capt. Brown
and Lieut.. Gramnond with 90 men left
the fort to give them battle. Nothing
more was heard from them until party
sent olt from the fort found then at dis
lance of four miles all lying dead. Colonel
Fetterman and his entire command hav-
ing been massacred.
(Sicned) NJ. I. PATRICK,
Upper Platte Agent,
-