Tama County Republican. (Toledo, Tama County, Iowa) 1867-1872, 1867-02-01
Washington Correspondence.

4
nation by surprise. In the case Of Lambdin
P. Millgan. the Indiana conspirator, who was
tried in 1854 before military commission at
indianapolis, Indiana, charged with being
member of The ordc. of american Knights, or
'sSons of Liberty" in league with armed reb-
els, and with having consrired TO relieve
prisoners Of war confined III the United States
military prison at Indianapolis, Chicago and
Rock Island, found guilty and sentenced TO
be hanged the 10th Of May, $50, the court are
unanimously Of the opinion, that said trial
was contrary to the act Of Congress, approved
March Cd. 1863, entitled 'an Ac, relating to
het.es c,rpus, and regulating judicial proceed
| ings in certain cases. This net authorized
the President to suspend the privilege of the
wri, OF hateas corpus wherever, in bis judg.
mert the public safety required; and the
! Secretaries Of State and Of War were directed
| to present to the courts of the United States,
lis, f the names Of all parties, no: prisoners
Of war, resident in heir jurisdiction, who
were. or afterwards should be held IN custody
BY tie authority Of the President, and who
were citizens Of States in which the adn,nis-
tration Of the laws in ihe Federal tribunals
was unimprovcd After the test was furnished
Of grand jury, of the district convened and
adjourned, and did not indct or present one
o; tile persons thus named he was entitled to
| his discha &c. 1t cannot be denied that Nils
lirsn was a citizen OF the State Of Indiana.
and was no, in he land Or naval service, OF
was held as prisoner Of war. These facts
hen. creed upon, it only remains for the
court to decide whether the provisions of the
act Of March g. 1868, had been complied with
and whether the military commission had
jurisdiction 20 try and sentence Miiiigan.-
Miliigan. ii appears, on the 10Th Of May, ar-
piled rs petition 10 the Circuit Court for the
Distici of idiana. for VII. of ha5ecs corpus
or !o.' an order Of discharge, under Tie act of
March 5, 1868. The judges Of the Circuit
Court were divided in opinion upon this ap-
picaisn. and certified the following questions,
on which they differed to the Supreme
Cour; for decision:
l. '.CM the facts stated in said petition and
exhibit, ought Il writ OF habeds corpus 10 be
issued according 10 the prayer Of said petition
?. On the facts stated in said petition and
exhibits. oaght the said parties 10 be dis
charged flon custody, rs in said petition
prayed
d Whether, upon the facts stated in said
petition and exhibits the military commission
ment oned therein, had jurisdiction legally.
TO Try ard sentence said parties III manner
anu form, as in said petition stated 2"
To the two forIner questions the court an
swerel in the affirmative. ana to the latter,
in the negative.
1t will thus be seen from this brief state
ment Of the case, thai the questions before the |!
court were, whether Millig,n was held as a t
prisoner q war; and whether the act Of |
Marc. 9, | g., had been complied with. We |
fail TO see low the court, under tie circum-
stances, could arrive at definite opinion
But when Justice Dayis,--gives Nelson. Gift
ford and Field, concurring- goes so far as to
decide that Congress has not the constitutional
power to legaliz6 the tria! Of civilians by
court -marial, in times cf great emergency
fail to punisl. the perpetrators &C great crimes
againstthe nation, we think they show them
selves the too willing cspounders Of constitu-
tional questions net properly before them.--
Under this decision, the officers composing
the commission kept and tried the assassina
ton consprators and convicted them and
President Johnson who signed the death war;
rant, arc guilty Of judicial murder! The
court maintain that the provisions Of the con-
afc ample for all emergencies.
lie history and circumstances Of the re,
4~xAfutes the idea According to the
Sfsion, Fresdent Lincolns proclamation
Ing out SCI e1fy >dye thousand men in the
ring Of 1861, to suppress the rebelion-was
Unconstitutional. Congress alone has the war;
king power The circumstances Of the case
f!d rot admit Of the delay. Congress was
in session. and to wait until it could be
esned would have proved the lu;n Of the
yegnmcnt.
some will say he was not declaring
but was simply SURPRISING a rebellion
~ the United States authority. We an-
Vas not the act Of few individuals
hole communities, acting under and
'it, of a Government set up in oppo
the Government Of the United States
81 as conducting the war was con-
hey were treated as an independent
Many things were done during the
but the sanction Of the constitution
They were done that the nation
reserved. We contended that self>
inn vas the first laws of nations, as
p ~ and upon this principle we
sssg and the loyal people
~ knits Of that be not fritz
~ fare. fetched decision of the
This decision, so far as it,
iest:ons raised ia the Miliigan
Factory; but as we have said be-
a ltions are decided by the court
~ Perly GONE before them for
Adoiaot wonder at the almost
slgs 6f the loyal people to this
Fur1 1t brings to the minds too
~ in the bred Scott ca Sc where |