The national Republican., 1867-02-25
TnG SOUTH CAROLINA MURDERS.
The Maligners Of the President
Again Defeated.
Secretary Stanton Assumes III, Responsibility

The House committee appointed to inves-
tigate certain South Carolina murders Of
Union soldiers have made their report. II
appears that all the base charges made
against tbs President about removing the
criminals to Fort Delaware that they might
obtain their release by means Of the writ OF
habeas corpus were rebel liesi that MIR.
STANTON had the men removed upon legal
grounds, and for good reasons. We call at
tention to his testimony below, and espe-
cially to that portion which We have placed
in italics: .U.. ..
TESTIMONY OF THE SECRETARY OF WAR.
When the record Of the trial and convic-
ton of Keys and others, alleged to have
committed the murder in South Carolina,
had been reported upon by the Judge Aavo-
cate General, examined II and found that
one or more Of the parties convicted had re-
ceived Communication Of sentence by the ac-
ton OF Gen. Sickles, and that one or more
remained subject to the execution Of the
capital sentence; in view OF what was under
stood to be the opinion Of the Supreme
Court in reference to trials by military com.
missions, /. did not feel myself justified in
recommending the execution OF the sentence
Of death, and Therefore advised the Presi-
dent TO commute the sentence Of The others TO
imprisonment for lye, which ! think was
done-the record, however, will show; 1t
seemed to me to be improper to recommend
the execution Of the capital sentence when
there was any doubt as to the jurisdiction Of
the tribunal to inHct such punishment; in
order to avoid collision between the mill.
af tha -, nd
the civil authorities in South Carolina,
/ directed the prisoners to be sent TO
he TOrtugaS; Subsequently | understood
from some source that complaint was
made Of their transfer to that post and
was myself somewhat anxious about il,
IN view Of the fact that we had consid.
cradle number Of prisoners there, and that
the season threatened to be sickly There.
fore determined 10 remOve them 10 some
Northern prison, and, on consideration,
concluded that Fort DelaiGaFe Ioould be he
best place for .theJr confinement during their
sentence, and / gaze orders for their transfer
to Fort DeidWdre They remained there
until the officer in charge was served with O
writ of hdbeds corpus, which directed him
TO obey; had the record and proper i'll
structions transferred to him, and caused the
District Attorney TO be directed to prepare
an answer to the writ, and to resist the dis
charge of the prisoners; was afterwGrd in
formed by the Adjutant General that they
were discharged by Judge Hail. Of the United
States District Court, who had issued the
writ; this comprises, think, the substance
Of what know in reference to the matter
under inquiry; my opinion Of the law is tina
all such cases are properly cognizable by
military tribunals; believe that those per
sons were properly convicted, and that Mill
gan was also properly convicted; think thai
the true exposition of the law Of this
country, and Of every other civilized coun
try Of the globe, justifes me in saying that
trials, convictions, and sentences by mill.
tary tribunals were perfectly legal do not
think that the decision Of the Supreme Court
in the case Of MilIgan was justified by any
principle of law recognized by any civil gov
ernment on the earth; think it is wholly in
consistent with the protection of persons in
the military service, or with the preservation
of peace and safety in any Of the States in
insurrection; whether this view Of the law be
correct, or how it can be enforced if correct
is properly a subject for legislative wisdom
and one on which | cannot make any sugges
ton; know of but two tribunals that can
punish crime or afford protection-one civil
and the other military; If the civil tribunal!
fail, I do not know of any other remedy than
military tribunals never heard of any in
termediate tribunals between those two; SC
far as Ihaue knowledge there lUaS no pur
pose an bringing those parties TO Fort Dela
ioare 10 bring them tVithtn he jurisdiction
of a court, so that The tvnt Of hdJeas cOrptt
could apply; he order ,Oas made by me ii
the exercise Of mg best judgment and on m.
official responsibility; ! do not think thd
, any person whatever suggested That place, 0
that / erer conrerSed Cdh any one IN retc,
ence to ii, ercept Vih the AV'utant Genera
on the general subject as to what m'htar
; posts iVere at that time used as mihtar!
prisons.