The Camden journal. [volume] (Camden, S.C.) 1866-1891, 1867-01-18

"A ~ Cd1ltlS
esEs q sslEs1Those applicable totltss ! case + I ar
81 q .ffound in that clause athes origia6a Il6
!. Gonstit ioh which afs, sistRafs th
scrinas, except in case, o
shall be 81 jury5;'s li,t5 an
III tke fourth, fifth, and. ssixtH ayttiSle
the adne endments. Tie fourt tfsSsD
.lEsclsimas6he eright to Be secure in pcfsDr ss
land effects against sunrcasonable
Search and seizure;,c and. directs st!,at
s'1a Judicial warfaht Shall not issue
without proof Of probable cause sup:
sss.z;eH ;ss -ess!iii tsst'1o peIsosesiiaiI
.EBe held to answer for a capital or
otherwise infamous crime unless on
presentm ent by.a grand jury, except
in cases arisingin the land or naval
4 force es5ors IN IN the militia, when in actual
Service in time Of war or public dan
ger, nos Be. deprived ofsifee, liberty,
; :or property without due process Of
law. '' And tthessixth guarantees the
right of trial lBy Jury in such manner
and with such;lreg regulations that with
upright judges, impartial jurios,- and
al able bar, the innocent will be say
cd and the guilty punished. Il is
in nthesewords: n all criminal prose
cutions the accused shall enjoy ths
| right to a aspeedy public trial by
an impartial jury s.the State and
district wherein The crime shall have
l.becn committed, which district slall
have been spreviously ascertained by
law, anato be informed Of the nature
and cause of the accusation, to be
Ecorfronted with the witnesses against
1a1i,n to have compulsory process for
obtajning witnesses i'll li1 favor, and
to have the. assistance of counsel for
lis defence These securities for
personal liberty thus embodied, were
such as wisdom and experience had
DEMONSTRATED to be necessary for the
| protection Of those accused Of crime.
land so strong was the sense Of the
Ecountry of their Importance, and 50
jiJealous we're -tl.c people that these
fTights, highlyprizel, might be denied
them:by implication, that when the
1prisinal Constitution was proposed
sssaor ssr al dntios it euea,snterel saEess
! oPp6sTtIori,, anil, But f6f the bcas5f
that it would be so amended as to
embrace them, it would never have
been ratified.
Time has proven the disccrnmcnt
of our ancestors; for even these pro-
visions, expressed in such plain Eng
lish words that it would seem the
ingenuity of man could not cyale
them, arc noav, after the lapse off
than seventy years, sought to be a
voided. Those great and good men
foresaw that troublous times would
arise, when rulers and people would
become rcstivc under restraint, and
seek, by sharp. and decisive rcasuree:: 8,
to accomplish ends deemed just and
proper, and that the principles of
constitutional liberty would be in
peril unless established by ilTcpcal-
able law. The history of the world
had taught them that what was done
in the past might be attempted in the
future. The Constitution of the
United States is law for rulers
and people; equally in War and&in
peace, and covers with its pfotcc-
ton, all classes Of men, at all times,
and under all circumstances. No
doctrine involving more pcrnicious
consequences was evcr invented by
the wit of man that any Of its provis-
ions can be suspended during a::y Of
the great cxigepces of Govern
nlcnt. Such a doctrine leads direct
ly to anarchy or~dcspotism, but the
theory of necessity Of which it is
based is false; for the Government;
within the Constitution, has all the
powers gTTnruu 10 tt WHICH urC Hc0es=
sary toipreservc its existence, as has
been happily proved by the result OF
the great effort to throw off its just
authority.
Have any of the rights guaranteed
by the Constitution been violated in
tic case of Milligan? and if SO, what
arc they? Every trial involves the
exercise of judicial power; and from
what source did the military commits
sion that tried him derive their au-
thority? Certainly no part of the
judicial power of the country was con-
ferrcd on them, because the Consti,
tuition expressly vests it Tin one Su'
preme Court and such inferior courts
as the Congress may from time tc
time ordain and establish" and it il
not pretended that the commission
was a court ordained and established
by Congress. They cannot Justify
on the mandate of the President, be
L L.