Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-01-02
.Qrft&grapbiltI,
From our Last Edition Of Tuesday
f y Morning.
FROM WASHINGTON.


II he Indiana conspiracy OaNeB-D0-
cisiOn Of the Nnpremc Court.
WASHINGTON. De- 81. The opinion of
the Supreme Court in the matter Of Lamb
DIN p. Milligan, petitioner, on certificate Of |
division of opinion between Judges OF the
Circuit Court of the United States for the |
DistrictiJof Indiana, has been published. |
MiIlgan, IL will be recolected, WAS tried |
and convicted by military commission,
The opinions OF the Judges Of the Circuit |
Court were opposed on the question, as fol- !
lows: First on facts stated in the petition
and exhibits, ought awrit ofhabeas corpus
to be issued? Second. on facts stated, \
ought said Lambdin p. Mlllgan to be dis |
charged from custody as in said petition |
prayed? Third,whetber, upon facts stated |
In said petition and exhibits, the military |
commission mentioned therein had juris- |
diction legally to try and sentence said
Milligan IN manner and form as in said Pc,
tition and exhibits it is stated? -Fys
| Justice Davis delivered the opinion OF
the Court, In which he said one Of the
Iplainest constitutional provisions was iD-
l1ringed when Milligan was tried by Court
not ordained or established by Congress
No reason ofnecessity could be urged why
| he was not delivered to the Circuit Court
| of Indiana to be proceeded against Accord
ling to law; and another guarantee Of free
dom was broken when he was denied trial
To the first two questions the Court give
| an affirmative answer, and the majority
\ gave negative to the last one. ,gjl
| Chief Justice Chase, for himself and JUS
! tiees Waine, Swayne and Miller, being un-
! able to concur in some important partlcu.-
| lars with the opinion which had been read,
1 made separate statement of their views u
the whole case. p He said the trial and sem
i of hu q
| mission convened in Indiana during the
| fall of 1864. The action Of the commission
! had been under consideration by President
I Lincoln for some time. When he himself
became the victim of an abhorred cOnspi-
racy, 1t was approved by his successor. in
y Nav, 1865, and the sentence was ordered to
be carried into execution. The proceed
ings, therefore, had the fullest sanction
Of the Executive Department OF the
> Government. 1t was clear the writ
, ought to issue, and that Milligan was en-
, titled to the discharge prayed for. The
third Question mustbe answered negatively
as an Unavoidable inference from alllrma-
tive answers to the other two. We do not,
he said, doubt that the positive provisions
of the act of Congress require such
answers. We do not think it necessary to
look beyond these provisions. In them we
lind sufficient and controlling reasons tor
our conclusions, but they could not agree
TO the opinion of the majority, that not only
was a military commission not authorized
N.by Congress, but that it was not in the
power of Congress to authorize 1t;
from which it may be thought to fol-
low that the dissenting Judges main
tain that where peace exists the laws
of peace must prevail What we dc
maintain is, that when the nation is in
volyed in war, and some portions OF the
country are invaded and all are exposed tC
invasion, it is within the power of Congress
. to determine in what States or districts
such great and imminent public danger
! exists as'iustilies the authorization of mill
cary tribunals for the trial of crimes ant
I offsnses against the discipline or security
, ( nf the army, or against the public safety
, They cannot doubt that in such time o
, I public danger, when conspiracies existed
in Indiana, Congress had power, under tn
: Constitution. to provide for the organiza
: tion of amilitary commission, and tor tn
. trial, by that commission, of persons en-
gagged in this conspiracy.
The Massacre at Fort Phil. Kearney-
OFFICIAL Account. '.r Z.
The Commissioner of Indian Affairs ha
/ received the following telegram:
Fort LARAMIE, Dec. 30, 1865.
Hon. Lewis Boqb Commissioner Of india
- Affairs. Al& G.La
All Indian who arrived from Tongu
4 river reported that alarge party of Mime
o coious, Butes, 0gallallas, Crows, Unkar
# happas Blackfeet and SansoracFs. ="
d Tongue river on the 18th inst. for Fol
IS Phil. Kearney, and OH Uno ed Ina.4.I
o were discovered near the Fort Brevet Lieu
It Colonel Fetterman, Captain Brown an
' : Lieutenant Grammond, with ninety enlist
led mer, left the Fort to give them battl'
/, Nothing more was heard from them until
party sent out from. the Fort found them {
|; a distance of four miles, all lying deat
: Colonel Festerman and his entire comman
having been massacred. 81 Hsfi ,1ll'
[Signedl M. T. PATRICK,
= al. - -..o Upper Platte Agent.
Secretaries Seward and Wells will not r.
ceive visitors Tomorrow, owing to recel
domestic Affections.
GEN. nnAShley,s Bill ITO ReOrganize
o Southern StatessA 7t&
WASHINGTON, Dec. 3l.-Gen. Ashley h:
I prepared bill, TO be reported on the r
d assembling of Congress, having in view Il
s reorganization of Southern States, nc
q however, remanding them to aTerritori
. J, condition, but recognizing present arrang
u ments until conventions can becalled to r
10 model their respective State Government
v-r-