The home journal. (Winchester, Tenn.) 1858-188?, 1867-01-05
The Late Decision OF the Supreme
Court.

The Late Decision OF the Supreme
Court.
The following remarks Of the Nation
al Intel!igencer take the correct view OF
this decision:
TUE M1LLICAN CAsE.-That the
Union is saved, in the full integrity OF
its three great divisions, has become
majestic consummaton by the
unanimous voice of the Supreme CourC
in yindication of the civil institutions
Of the country The moral weight Oh
the decision in the Milligan case can
rot be measured by that Of any of inc
great constitutional questions Willcn
shook the Republic in days gone py'
For neither in the breadth OF the ISSUE
the extravaganza Of contemporary hei-
estes on the subject nor i'll the magnl-
tude of the stake, could any past cause
before that high court compare WIN
this. But moro than ALL the unanim'ty
of the whole bench on all that was
vital in this great question is without
previous example In great constllu'
tionoI questions heretofore, even when
the court were unanimous (Which hap
pencd but rarely) on the Judgment
they were various in their reason!Ags'
; and in the greatest questions 'hc
: dissenting opinions were all but as
, wcichty as the Judgment itself. Here
@ the only diversion from the common
; current of the judicial mind Of the
y supreme bench (and, indeed the bar OF
d the country at largc) was upon the
c speculative question, whether, under
II any circumstances, it would be possible
to reconcile military commission for
5, the tria! Of civilian with the Constltu-
n ton of the United States.
J. All the Judges agreed that if such II
g mower coUld be found in that lnslfu-
# men, It WIS altogether latent as yet'
n and consequently, for the purpose OF
,c any existing case there WAS no shaoo "
(. of law for the mon3trous and sahSut
lp nary pratcnsions with which the DIS
or,l,red and perverted part'zanship o
=. ,Ac times would strike down the hber
:, ties of the people. The dicta of tou
NJ Of the Judges go no farther tn II l'
~ assert the power Of Congress to legal
~ ize military commissions. In all th:'
=. is actual: in all That has ever er,ere'
~, into discussion Of this theme IN til
os nrass. lhe courts, or the halls OF Con
a, Dress in all that there is in the ques
tion, the constitutional exponent
tho uw in this country, has spoken
," ono voice of rcbuIie, seated on II
':h exalted judgment seat OF the ha'.o' o.
IN rlothcd in the spotlcss erm!ne OF ju
,r ticc
NJ. Not from the thickcnel tongue Al
'a' ' boodshot eyes Of the boisterous ha
- arouc: not from the poisoned pun
y, or the nevertheless cquivocalion
H. partisan editors; not from the hone
y" but preposterous vchcmence OF u
- - political pulpit; not even from |
l"'' snrerhcs Of statesmen, pledged
'os- , nartv measures, and bound by perso'
~, ~ ob,iyations, arc we to look for test
'u5 LOYALTY. q rule Of civil obedience,
lls criterion of national patriotism, a
ola' ' c;cnt, boucieicnt, just, majestlc' 1t
oS'- ,ha law which spreads from the l"ulc
'otn' l branch Of the organic republic.
rus, rus, t,nt hesitates in this obedience,
noN postpones his respect, IS Ignorant
'' ~, rccio.l, unworthy to be heard,
"oo horn {, meanncss. Let him seek
oi' serve u master.