Delaware State journal and statesman. [volume] (Wilmington, Del.) 1855-1870, 1867-01-29

The Republicans are not the only persons
who discern the mischieYous character OF
the recent decisions OF the Supreme Court. /
Honest Democrats, especially those who
served IN the war against the Shareholders
rebellion. cannot swallow this last pill oil
copperheadism without making WY faces
The last number of the New York Ctissen
(hiles o'Reillv's paper) contains an edito-
rial entitled 1.-THE Supreme Court OF the
Fault, +" which, coming from the source II
does, is important Hslpine (Miles o'Reil-
ly) is an open Democrat, being recently
elected by that party TO an important ONCE
in the city of New York, and yet heie is
what he says about the Supreme Court de-
cisiou in the Milligan case.
1.-THE recent decision of the Supreme Court
Of the United States IN the case Of Milligan,
upsetting all convictions had before military
commissions in the loyal States during the
war, may be technically correct in its con-
struction Of the law and Constitution, but
must nevertheless, be regarded as a most
unfortunate fact for the country. The bench
OF the Supreme Court, we think, should
take within It's view something more than
the mere dry law Of the case in which vast
political issues are at stake. That violations
both OF the law and Constitution were abso-
lutely essential at times to save the country
during the late rebellion, must be every
where admitted; and as the safety OF the
Republic is the highest law, no acts that
were so made necessary could or should
have been omitted, no matter what the cost
II is miserable pettifogging spirit that
will revive criticism in the hour of calm of
actions performed when the dangers were
greatest, It's as if the owners of mer-
chant ship should find fault with their cap.
tain for having cut away the masts and
thrown the deck-lumber overheard when
such sacrifices were essential to the safety of
his vessel. OF course they might argue
that the captain had been employed to pre-
serve not TO destroy their property; and
they might point yindiciively TO the fact that,
in his letter Of sailing instructions, no such
specific power had been delegated 10 his
option. II would be good defence, how
ever, for the captain to say by such acts
only could he, and did he, save the ship,
crew and cargo; and for SO doing in the
minds Of liberal and just men, he would re.
ceive applause and not censure.
The judgment delivered by Judge
Diyis in Milligan's case upsets many OF the
most important decisions Of the war, and
throws open the door to endless and most
yexatious litigation. Officers of the United
States may be harrassed for the balance oI
their lives for having performed acts OF high
importance at the time, which they NIGH
have been cashierd or shot for refusing tt
perform; and while in some cases the claim
against them may take the shape of suit
for damages in money, what can be thu
character Of said suits where men have beer
found guilty, condemned and hung by mill
tarY commissions or other tribunals OF which
these officers were membersS All such acts
obviously, under a strict Interpretation o
the late astounding opinion, would amour
to constructive murder; and all officer
forming members Of such courts must b,
held liable to trial for that offence.
1--WE think it would have argued large
craftsmanship, and sounder spirit Of con
stitutional Interpretation for Judge Davi
and his associa es-forming as they did
bare majority OF lie o yer Chief Justice Chas
and the others who dissented-to have ali
stained from disturbing this question.
would appear better certainly, not to hav
exposed every Captain to persecution 10
having cut away some spArs or masts, whe
. only by so doing could our Ship of State hay
been saved. 1t would have been a large
and grander course we think, for the ST
$ preme Court not to have pried miscroscop
/ cally into tina mere technical authority, q
o want Of authority, for acts performed in tn
I highest fury of the late rebellous storm, bu
r to have pretermitted the matter altogether
$ as cause arising at a time and under eli
cumstances Of which the strict letter Of III
E law could not be held competent to Judge
: at was not by the Supreme Court or an
d means, nor by any machinery of legal re
r tape, that the late monstrous insurrectio
i was crushed down and strangled 1t was l
>. the mailed hand of military violence, stri
T. ing wherever 1t saw foe, and resolved {
) do everything that might be necessary
e save the country. In a word il was not |
Judge Davis and his ermined associates, b
II by Stanton and his Generals and Admra
lie that our Government was preserved durir
n its late days of trial; and had nothing bet
lie done, either in the Rebel States or in Il
p loyal States, save by such creaking machi
Sc cry as the Supreme Court holds at its col
u mnnd, we very potently believe that the
10 preme Court itself would either be no long
j in existence, or holding Its session som
m where on this side of the SusquehannR. I"