New-York tribune., 1867-01-01
MILITARY COMMISSIONS.
CONTINUED IRON rNsr PAeE.

suit the position was not controyerted by any any
except Baldwin Jusee m ana be me sect6n mean the
Eome thing. The Court 90 not say, ,f 1nao
return must be maGe soT s if 9 s when He action is fled
and fhe wit prayed for. The suit Of the party hMn
se tSe SPppdSs Se when the proceedings are begun ny
ali the analOgics Of the law equally sun u.Sa VI % ,t
be two parties to the suit because the point Is 10 e sc
upon the request Of either party or teir SoHs S Tho r
aGtcral and technical construction wOu9 oIee t'0 -, ,
purpose the Legislature had IN view, wlcI wa 70 W ic
bic any party TO bring the case mere of rigIt
and not Of discretion, and the words ,Vtinn
party IN GIG5r az 70 vro of enarrement and OF
restriconE although this ease Is mere ~ Pi having
been Gyen to the PARTIES supposed to have an I'm IN
the detention OF the prisoner Ihe stateuviS w in
Ference. when the counsel for MhlSah pdeSv, ,,s Mr.
gOur the petition for the writ oil naD'"I so nIpr3red
Hanna the District-AttOmey for bdlaha @So@l t IS
and by agreement the apphcauo5 ort wac ard an tbe
Court who took the case under VI a and made the
eeTtfcafe II IL clear that Mr.. Hanna Wd hOt cpi' Sot NJ
fbe pettoner and why is his appearance entered II
sdPts NJ mn other solution tGan this that he was IN
1ouned Of The application, ana alFc"iitCu W,
baf ~ the Government 10 contest 1t the G0velnm5@HS @
Imprisonment was illegal and sought IN the oly way
be cond to recover his liberty The case was grtHS ave
one and the Court mquesouahy directed tnat the law
officer of the Government should De hIoIIeu vi II.
Srv ,roneTlv apVcaTed and the facts were uIl',o
Seried and fhe dffcuty in the application OF inG me
law, there was no useful purpose 10 oe oDd a 10 b
fhe writ The was, therefore, sUDl'U " ~ ~
6ourt for their consideration ana deltImhdllVI' p"
Miuau claimed MS discharge lIphi tt,StVNN ~
che act Of Congress rcatiIe 10 @ i,,roved Srrb
ting iudical proceedings in certain cases alYi ca
8 lsf9 Did that action confer jurisdiction OH 'IS NtC %
Sonrt of Indiana 10 hear this case Ininteeung law
the motives which have operated Win tIe - i
Imposing IL proper 10 be considered IEls law law i
passed In time Of great national peril when our nll
tage Of free Government was IN danger All ,,,Cr,T
tion than history affords example was rslns uf @ 1e
public safety required that the plesS% % 9 T nt had
s,Sody without trial but his authority to do this was
WA claimed that congress Cod't 49,
ihis power, and that the Legislature, ana ot i ny an
don't should judge Of the political conSldeLa,Yns ." f
this great writ had never before 6et1 inn,
citizen and the eXgences of the tunes ena1G,4 % t t
mediate action, il was Of the highest mPoilCJ wa. ts &
lawfuness Of the suspension 'hoult Uo qriib were
hshed il under these cleulslanCc NH, hat tlis
such as to arrest the attention OF the coIhu2' h to
law was passed The PIssifS & % wgs S h9bess corpus
Whenever in his Judgment, Tie pnoAc sargS
asie isth OF september 1853, recdng among other
filings the authority OF TINS statue L. u Is aT1esf
of any one but simply denies to one arrested ihg p
OF this writ IN order 10 Obtain lis hOrIy. l ~ ior
therefore to INQUIRE under what circumstances inc tOS
Soud ignuS TeirS ~ 10 yoEe H. aid The second and
third sections OF the law are explicit on these poiHs'
language is plain and direct ana the lneaAlIS q" Ut
ess cannot be mistsken. INC pr4s ~ snsnered
person thar hesoud be required TO give the cause OF his
9ee1ion on the return 10 writ Of habeas corpus But
II was not contemplated that such person should he De
tained in custody beyond certain nNed PERIOD unless
certain judicial proceedings known 10 the common law
were commence against him. The Secretaries or s4te
aud WarWere directed to furnish to the judges 9i the
courts Of the United states list Of the names o an d
Ties NOT prisoners O. war, resident in their respect
I've iurlsdetons, wfo then were or i ait'T%al{H p{
should DC held n custody by the authority OF te fIes-
6ent and who citizens o The states ~ Whc tAe ,
nlaDstraton Of the lay sin ths LG4Ia tribunals was ,
f tbe Dstict convened and adjourned. aud did not in
diet pres II, Of the persons tAos l9Tt ~ NC
Judge Of the COurt order him brought before MN 10 ~
s9aTgsd he 1T ns L4S to Ge Se injury M Of any one
who indicted presented by the Grand d lU
twenty days had elapsed IRON tpe le % ms I H was
equally entitled his discharge as the hSt w3Ie Iut
siSayt could Obtain the judges order for tha purose
Mgan in his application tC I've released ron go,
The terms Of this TO give the Circuit Court OF lnd@
jurisdiction. II he was detained ncsstody py me OJ
af the President otherwise than - prisoner OF Wh
he citizen OF Indiana and had never pceh III ~ so
tt bsd mot sfter he lad been arr sted for period OF
80 days and adjourned without taking any poceeung9
petition and determine the la"funess 1T Is soeh
Because the word Court not found IN the body OF The
second section was argued at Bar that the Gppca
tiOn should have been made 10 udge ct TIE Court ana
mot 10 the Comt Itself DU this j Lot or power s CN
Eourte9uaiy with Judge Of K TO dischare froid I'M
brsonment. II the manifest design OF Congress 70
liberty could obtain against linn; Courts are not always
p session and eau ad0up on the discharge 81 e Giahd
PROPER steps to procure their liberation. TO provide for
This contingency authority was given to The Judges out OF
under the aw he should be no longer restrained Of lis
liberty. I insisted that Miigaus case was d'I'c
I've because IL did not state that the list was IuI-
;;nSS to the judges sn9 heIiioiSe heS scc, yAs
Sp = 5sd IT FieEG Is not easy So9 to zee nS @ s
emission could affect the question OF jurisdiction Mili
Judges volunteered to tell mini fog qe aT dnot require
hat any record should pc nade OF H. Of body Dutf
Sent D. mt How can Igsn be ftffd by Tie absence Of
Tor more than DAYS before the Court and Grand jury
which should have considered his case met at If0.4-
Corpus k Of i5S the Circuit Court q Indiana had con
plee Jurisdiction TO adudicate upon tins case anu II lne
Judges could agTeeOu questions vital TO the progress
" the cause they had the authority as we have soE IN
Epreyious part Of this opinion ana was Their duy 70
serfy those questions Of DISAGREEMENT 70 this Court for
final decision II was argued that final decision on the
questions presented ought TO be made, because c parties
who directly concerned in the arrest and detention
1T Migan were not before the court, and tleir nights
might be prjudced by the answer which should be given
TO those questions But this court cannot know what re-
turn viii bc made to the writ OF hoas issued
question that may be raised 10 that return Ia he sense
Of te law Of 1902 which authorized fcate Of DIVISION
upon the court below So that II Is estOpped nom any adj
ruling. But IL said that this case is ended as the
presumption Il that Migan hanged b pursuance OF
the order of the President Although haye no judicial
information the subject yet the inference Is that he is
sliye for otherwise eand counsel would appear for
pin and urge this 10 decide his il can never
ajudicai department 10 interpret them, that any Chet
Magistrate could be 80 Iar forgetinl OF his duty duty
jurisdiction that tried and convicted him after his case
was was PeUre @ i Jo Sol"i t @ an "I tb P@S. % ,et W m IN,
goved had according To law sent 10 10 the Supreme
Court OF the United states for decision But then the
suggestion j. injurious 10 the Executive and dismiss
II from further consideration There nothing to hinder
this Court from CATION OF the merits Of this con
oversy. The controlling question in this case this
upon the facts stated in Migans petition aud the
N'ms filed had the Military Commission mentioned in 10
jurisdiction legally 10 try and sentence HINT MlIgan
hot resident Of Of the rebe0us states or prisoner
Of war; hut citizen OF Indiana fOr twenty years past
end never in the Military Naval service L. while ~ s
home, arrested by the Military power OF the United
States certain criminal charges preferred against
him. tried and convicted and sentenced 10 bc hanged by
Military Commission organized under the direction oT the