Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1867-01-08
Continued from yesterday clifton.

TUESDAY KyraiNG............JA 5.
Continued from yesteyddg's clifton.
the cause, they Ind tie authority. Gas we
have shown in previous part Of tbs opin
ion, and II was their duty TO certify Those
questions of disagreement, &c this c 1ri iof
tnsl decision. Il was argued tlat final
q cision on tf. questions presented ought
lot 10 he made, because he PARTIES wap
were directly concerned ia tue arrest nEd
ds.,n;ioa .. Msl.icaN, wet> not Def n the
court, and tsoir rights might be preluoicsa
by the anAwer which 81 Gll he gwen 10
those questions. But this court can not
know ahat return will be made TO the writ
81 jcds corpus when iasued; and it Is
very clear that no one Is concluded upon
any question that may be raised to that re-
iusn. In the sense OF the law oil 1902,
which authorized certificate Of division, a
final decision means final upon the points
certified final upon tho court below, %
that it is e.tepped from any adverse ruling
in all the subsequent proceedings 81 the
cause. Blu, !, is said that this case 10 end
cd. as the presumption is that Milligan was
hanged in pursuance Of the order OF the
Presideai. Although We have no judicial
information on the subject, yet the infer
eace Is ,ha. hs is alive; for otherwise learn
"a council would not appear f,r him and
urge this court TO decide hfs case.
|, can never be In this country oil
written constitutions and laws, with a
judicial department to interpret them,
,ha, ATTY chief magistrate would lie
% iar iorgelful Of his dn,y rs to ore
der the execution Of man who denied
The jurisdiction tha' tried and convict
u Ina, aftw his case was before federal
iudrcS with poAcr ia decide ii, who, being
unable 80 nstcc ON the grave questions in
viewed, bad according To known Law, sent
y tie Supreme Court oi The United States
ioi decision But even the suggestion is
spurious TO the Executive, aud VIC dismiss
i, from further considcratien. There is,
therefore, nothing to hinder this court from
ali invostsatitn Of the merits Of this cons
,royersy.
The controlling question in the case il
this Upon the racfs stated in Milligan's pc.
,ition, and the exhibits filed. had the militia
~ commission mentioned in II jurisdiction
legally to try and sentence himy MiIligan
not n resident Of one Of the rebcllious
States. or n prisoner Of war. but citizen Of
Indiana for u enty years pass, and never il
the military or naval service, 10, while Ut his
home, arrested by the military power Of tbs
United States, imprisoned, and, on certain
criminal charges psefsrrsd against bin, tried
convicted, and sentenced 10 be hanged by 4
military commission, organized under III,
direction Of the military commander Of IN,
military district Of Indiana. Had this trb
unal the legal power and authority to Try
and punish this manr No graver question
was ever considered by this court, nor ons
which more nearly concerns the riehta
Of the whole people; for It il the birth
right Of every American citizen Whcr
charged with crime, TO DO tried end
punished according to law. The power o
punishment 10, alone through the meant
which the laws have provided for that pur-
pose, and il they arr Intellectual, there 10 ~
Immunity from punishment. no matter how
great an offender the individual may he, o,
how much his crimes may have shocked
the sense of justice Of the country, or en-
dancercd its safety.
iiy the protection Of the law human rights
ART secured, withdraw that protection, ard
they are at the mercy Of wicked ,uers, Oh
the clanor o, an excited people Ii there
wa law to justify this military trial II j.
nni our province 10 interfere. Il there wa,
not, IL is oar duty 10 declare the nudity o
the whule rfeceeiings. The decision of thi'
question Incs not depend ON argument 81
lniitial prcsc cnts, numerous and high,
siins,fatAc rs they are. Th.re yrecedcnt'
ulfar}nu N oil the ,vtett of the struggle &
preserve nucrty aud IL feileye those IN cisi
H.: from ni!tars trials. / founders i"
,ur Ghycshmelit were familiar with tho has
t,ry ut That slrur4le, and secured IN aft
ION CO. st1,at.ra cytgy .ht which the PEG
ila had wrvs'cd laem power during con-
lest ul ases i.Y tlat Constitution and III,
ANS authorized bs it, this question must b'
determined. The provisions OF that insiru
iaent on the administration oil criminal Jas
lice are too PLAN aud direct To leave room 10
miscons,ruc,lon OF doubt u. Their true nesn
M. Those applicable to this case are toun'
IL the oi,ginal Constitution, which says =
That the ti,ai of all crimes except IN cas-
al npeae .nsn,, shall DC by jury aud 4
IA the fourth, fifth aud sixth article
~, the amendnen.s tho fourth pre-
claims the right to be secure in person an
ELECTS against unreasonable search ali
seizure, aud directs that . judicial warran
shall not issue without proof Of prcbabl
cause supported by oath or Animation. III
nth declares ",hat no person shall be he'll
to answer for capital or otherwise infa
nous crime unless on prcsentmcnt by
grand Jury, cxcep, In cases arising III til
las4d % naval forces, er in the militia, whei
N ar,ual ser, Ice IN The time o. war or puh
y danger. nor be deprived CT life, lib
csts u plepca.N, without due process o
i.N
AL III. siAta guarantees the right q
tflal IS lNry IN suea atnner and with sifi
regulations that with upright judges. i'm
rarhAlluiies, and an able bar, the innoeen'
VIII he saved aud tile Guilty punished Il
- N ia sc words AN all criminal irosccu
isns the accused shall enjoy the right to 5
speed, ana public trial by an impartial jury
81 tile State and ds,tici wherein the crime
shall haze been committed, which
district shall have been previously
uscertaincd by Law. and 10 be inform
cd Of the nature OF the cause Of The accuse
tlon. to be confronted with the wituessc.
asains. him, to have compulsory process FOL
obtaining witnesses in his favor, and TO hav,
the assistance Of counsc! for his defense.
These securities for personal liberty thu
embodied, we're such rs wisdom and cxpe
rlcnce had demonstrated to be necessary
for the protection of those accused Of crime
Aud 80 strong Vas the sense Of the country
Of their unportsacs. and % jealous were III
people that these rights. highly priced
might be denied them By implication tina
when the original Constitution Vas propos
ed fos adoption il encountered severe oppo
sition; and bet foe the belief that Il woul
be so amended - 10 embrace them,
would never have been ratified.
lime has proven the d'seernmsnt Of gu
ancestors; fos even these psovisioas, sxprs
ssed in such plain Euglish words that
would seem the ingenuity Of men could nj
svads them are noc after the lapse Of Dol
than seventy years. sousht to b avoided
Those great and good men fOresaw thi
tronblous times would arisc when rule
aud people would become FESTIVE under re
traint. and seek BY sharp and decisive me
ures 10 accomplish ends deemed Just an
proper, Ind that the principles Of constit
tionAlh liberty would be IN peril, unless :
tablishcd by irrepcalAhle Law. Tho histo'
cfthe past might be attempted il the futur
Tue Constitution Of the United States is
law for rulers and people, equally in vi
and In peace and covers with the shield
protection all classes Of men at all times nj
under all circumstances No doctrine il