The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1867-01-05
"a severe ssio.y teti.e Er.GfeaEs.

"a Severe sSfoIy Ia tie e & s.IS :sIs.
The decision of the Supreme Cou.t cf the
United States made m )uih or two ayo, but
which has jast been promulgated, in the case
of Milligan, of Indiana, is said 10 create
intense excitement at Washington. Nil
ligan was arrested by military authority in
Indiana during the war, or a'charge oil
treasonablp aiding the rsbels in some way,
taken 10 lndiaHapoia, tried by military
commission, and s, ntenced fr = long term
of years to the peniientiary. 4 year after
the sentence was carried into execution, hi.
friends managed to get his case before the
Supreme Court OF the Unltsd States, where.
alter full hearing, the court unanimously
decided that hi. trial before a military COM
mission, in a state where war did not exist,
trial of NIL offenders. WAS II Z i, and that
Milligan aust be released from custody.
Startled as were the radical; when the
Fl. Fl OF such decision was first announced,
they still belieTcd, as Chase hal as.eatcd to
il. that it must have been made on come
tech mical flaw or point, and that when the
opinion in ertenso was promulgated, 1t would
! be found not to reach to the marrow of all
that Illegal machinery by which, during the
var, 80 many outrages we're committed on
innocent men in the northern states by little
military satraps and unauthorized military
Commissions. But the PRONUNCIATION ofthe
! opinion shows that it covers all thasc cas-.
! l. gees to Inc full extent of asserting the
principle that during the war, NJ authority
! existed for arresting and trying alleged often
/ ders before military commissions ia any state
/ or district where the civl courts were open,
and where the acca7eI lid MS. belong to the
militar, or naval service. o. this point the
court was unanimous. The n. Jriy Of tn,
court further held that all such trials Of civil
/ ians by Military CJ-a mission, when the civil
courts are open: are abso!utely uncoas;itu>
tionai, AMI ,hat Congress Is dsvnil Of ail
power or authority to orler or legalize such
trials Judge Chnse and three other jadg
think this is stating the doctrine a little too
strongly, and hold congraIs was not 50 CONS
p.etsly restrained b. The constitution, but
that it night, II certain emcrseacie!, author
iz2 tho trial cf offenders By such commIs>
sions. The dissenting opinion amounts 10
this only and really does not affect the great
principle involved.
1t is seen At a glance what must be tho
consequences q, f sach decision. 1t Affects
not only he Bowles and Milligan trials at
Indiana polls, bu; the trial of Yalland.eham,
The trial Of the Chicago consplrators, Sin
short the arrest ana trial Of hundreds OF
men during the war in the northern states
/ By military courts
But even. lnis i, not the full extent Il
teIno,isLs. all those semi>,nilltary tribunals
/ established by The civil rights bill for the
summary trial Of offenders sgsinst The great
doctrine of negro equality, and domolishes
the whole machinery BY which the Frced>
mems Bureau Bill is enforced In short i
stops in mid career the who.e radical pro-
CANINE by which The fall subjugati9n ofthe
South was to be achieved, aud wholly re-
forks the radical vocabulary in the use Of
the terms loyal and " disioyal." The in,
macuiats Chase himself, the whole Supreme
Court, composed of Gvo radicals and four
couservatives-even the constitution Itself
must now he regarded as ''di,loyal," unless
the radicals consent immensely to reform
their definition OF the word. And Oh! I'M
kindest cat of all Lyman Trumbuil os,en,s
to the decision, and says it is right Verify
new ara, thanks to the lncorruptible in
te5rity Of the Supreme Court of the L. S, is
! dawning upon the land.