Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1867-01-02

WAsnfSaros. Dec 3i-1he opinion oil
tho Supreme Court In the matter of Lamb
din aiiiigan, petitioner on certifi afes oil
division OF opinion between Judges Of the
Circtit C0urt If the United States for the
District NJ Indiana, has been published.
MNligsns Il will be recnlrcied, Was ssied
and convicted by military commission.
rhc opinions Of the Judges Of The Cir
cunt Court arc opposed on three qutstlOUo,
AS follows:
lei On Iacts stated in petition and ex
hibiis. ought writ Of hdbsds coypus be
issued
I'd. On fact. stated, ought said Lambdip
Z. Mill,yan be discharged from custody, %
IN sniJ petition prayed.
~. Whether, upon facts stated In The
sa. petition and exhibits, the Snilitsfy
Commission mentioned therein had juris.
dic'i"n legally 10 try and sentence said
Nilligan in manner or form, as in said pc
litIOL and exhibits.
II is stated that Justice Davis delivered
The opinion Of the curt, IN which he said
one of the plaincst constitutional Crnvis
IONS was inifit gtd upon when Milligan was
tired by the court, was not ordained and
established by Congress No reason OF ne
ccssiy could be urged Why lie WAS not
l.ln. red Ia the Circait Court of Intiana,
10 be proceeded ngains, according 10 law,
and nutih,r guarantee at freedom was
broken " hen he Was denied trial hy jury
10 The frs, two questions the court gave
an Affirmative answer. And the majority
gave negative to the last one. Justice
Chase Tor himself. and Justices Wayne
Swaync and Miller being unable to concur
IN the same.
Important particulars with the opinion
me. 4, IL,
munt oi their views OF the whole case. lie
said The trial aud sentence Of Miliigan were
hy u military commission convened in In
diana during the inll Of 1854 The action
81 the commission had been under cOusid
Grafton Ivy President Lincoln for some time
when he himself became the victim Of an
abhnrre,i cOnsI irWy. Il was approved by
his successor In May. 1865, and the sentence
was ordered 10 be carried into execution
tho psnCee.lings therefore had the iulles
sanction Of the executive department OF the
Government. IL was clear the witt ought
10 bc issu.d. and that Milligan was entitled 70
the discharge.
The prayer for the third question must be
answered ncgsiivsly, % an unavoidable In.
fluence from affirmative answers to the 9th.
er two.
We de- not. be said. deub that the positive
provisions III the act OF congress require
such anewen; we do not think u neceesarv
u i'sk beyond these provisions; In them
We find suilicient and cvnts.ll ling reasons TT
our conclusions. but they could lot agree 10
the opinion Of the msjvrity-ihat not only
WAS military commissions not authorized by
congress. but that it was not in the power
Vi congress u authorizes il from which Il
may he thought tn follow.
he dissenting Judges maintain that
where peace exists laws Of peace must pre-.
vail. What We maintain Is that when the
nation Is involved in var and some portions
III the country are involved, and ali ara ex
lN'sed tn invasion, lis within The pnwer al
Congress to determine In what States or
districts such grent and eminent public dan.
ger Exists NJ jus'i'ics the authorization Of
military tribunals FOR the trial .. crimes
and "fvic,s agains, the discipline or seGur
y Il SSc,;c 81 sac; edoo5, ,ha,
~ such time ci public danger when con
,,iraclcs existed IN lniiana Congress had
,,ow,r under The Constitution 10 provide
tor the oreanizs,i VI ut military Commits
sion. and Tor The trial by that Commission
Of reispns engaged in this conspiracy.