The Daily empire. (Dayton, Ohio) 1865-1867, 1867-01-14
The Supreme Court DECISION.

The Supreme Court decision thatmilitary
commissions are unconstitutional and lille
| gal, i'm States or districts where insurrec-
tion does not exist, and where the civil
tribunals are unobstructed, is long and II
firm step taken by the highest authority
in the land back to the stable principles on
which our Government rests. it is i'm
portant in itself and its consequence as to
deserve reiterated reference in this drift
period of the public thought, of which un-
scrupulous men seek to take selfish advan-
tage. The exact point determined in this
decision of the Supreme Court is, that
person not in the military or naval service,
residing in a State where the courts of law
are open to the administration of Justice,
cannot be reached by military court /;
since Congress has no authority to set up
such tribunal, in II period of war or Of
peace, and the Constitution further ex-
pressly forbids it.
| This decision was reached by five of the
| nine Judges comprising the bench the re-
naming four dissenting only on the point
that, although in the present case such
military court was Illegal Congress could
nevertheless create them in a time of war;
when State was either invaded or in peril
| of invasion. Let us be grateful for this
timely re-assertiOn of the groundwork of
our common liberties. Unless BROUGHT
| back to the standard recognized in the fun
damental bond, there was imminent danger
of our being carried out to a shoreless sea
| without pilot, csmpass, or rudder. Those
who would make monopoly OF the ''loyal-
| ty" of the land, as 1T were an Inheritance
| peculiar to themselves, or a sort of gift that
came mysteriously with their blood, natur-
ally cry out against the august tribunal
nom which an Interpretation of justice pro-
ceeds. They would get rid of such decis-
ion in the future by abolishing the Supreme
| Court, or at least by violently leYelling it
to the Office of usher, or grand chamber
lain, to Congress. To them, It is now only
the shelter of rebellion and must come
down. All these threats are startling
proofs of the extent to which an unrestrain-
ed spirit of fanaticism has undermined the
the public reverence for law and respect for
its sworn interpreters.
| After all is said, the politics of the party
that dominates Congress center in the sim
gle determination to entrench itself in
power. That is the pivot on which all the
interests, present and future, of the nation
are now made to turn. A half million OF
lives have been sacrificed, and a debt OF
three or four thousand millions has been
piled up-fOr what? That n knot of IA
natical leaders, having respect neither foI
the Constitution nor for any department OF
the Government under it which they can
not control, may build their nests and
hdtSh llclI pldlls III lilt nODle bulutt con-
structed by the founders of constitutional
liberty? 1t is impossible to think that thc
people of this country, born to the inherit
ance of freedom. will so consent. They
waged this long and costly war for another
! purpose-to preserue the Constitution, tC
perpetuate and strengthen the Union, and
to establish the broad and benefcent prin.
ciples of Freedom.
If this decision shall serve TO reinstatC
the rule of reason and law, and expose al
the same time the dangerous tendencies O.
a self-willed, scOfling Radicalism, the coun.
try will have good ground for congratula.
tion that all this patience and cost has no
been in vain. 1t is worth the while to b,
thoroughly undeceiyed, though the risks o
continued delusion are so many and great
A principle becomes greatly enhanced II
value TO us after having been rescued from
peril. Those who assail it certainly car
take no credit to themselves, and stil They
help Hs TO see the principle In a stronger
light, to value 1t more highly than before
and TO maintain it with renewed determin.
alton.