Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1867-03-23

tidt Ld,C Proper, and is called int
action by Congress, or temporarily
when the action OF Congress canno
be invited, and in the case Of just
flying or cXcusing peril, by the Pres
ident, in times Of insurrection or IN
vasion or of civil or foreign wal
within districts or localities whcr
ordinary law no longer adequatcl,
secures public safety and privat
rights"
1t will be observed that of tn
three kinds of military jurisdiction
which can be exercised or create,
under our Constitution, there is bu
one that can prevail in time .
peace, and that is the code of law
enacted by Congress for the govern
ment of the national forces, Tha
body OF military law has no appli
cation to the citizen, norevcn TO tn,
citizen soldier enrolled in the mill
tia in time of peace. But this bill
is not q part Of that sort Of militia
ry law, for that applies only to thu
soldier and not to the citizen, willis
contrariwise, the military law pro
vided by this bill applies only t,
the citizen and not to the soldier.
l need not say TO the representa-
tives of the American people thai
their Constitution forbids the exer
else of judicial power in any way
but one-that is by the ordained
and established courts. 1t is equal
ly well known that in all crimina
cases trial by jury is made indis
ponsable by the express words o
that instrument. | willnot enlarge
on the inestimable value of the right
thus secured to every freeman, OF
speak Of the danger to public liber.
ty in all parts of the country which
must ensue from a denial of it any.
where or upon any pretense. A
very recent decision of the Supreme
Court has traced the history, vindi-
Gated the dignity, and made known
the value of this great privilege SO
clearly that nothing more is needed.
To what extent violation of it
might be excused in time of war or
public danger may admit of discus
sion, but we are providing now for
a time of profound peace, where
there is not an armed soldier within
our borders except those who are in
the service of the Government. 1t
is such a condition of things thatan
act of Congress is proposed which.
if carried out, would deny trial by
the lawful courts and juries to nine
millions of American citizens, and
to their posterity for an indefinite
period.
1t seems to be scarcely possible
that any one should seriously be-
lieve this consistent with II Consti-
tuition which declares in simple,
plain and unambiguous language,
that all persons shall have that right
and that no person shall ever in
any case be deprived ofit. The Con
stitution also forbids the arrest Of
the citizen without judicial war
rants, founded on probable cause
This bill authorizes an arrest with
out warrant, at the pleasure of q
commander. The Consti-
tuition declares that "po person shall
be held to answer for q capital or
otherwise infamous crime unless on
prcsentment by grand jury" This
bill holds every person, not a sol
dier, answerable for all crimes and
charges without any presentment.
The Constitution declares that "no
person shall be deprived of life, lib
erty, or property without due pro-
cess of law" This bill sets aside
ali process Of law, and makes the
citizen answerable in his person and
to the will of one man. and
as to his life to the will Of two. FL
nally, the Constitution declares that
'the privilege of the writ of habeas
corpus shall not be suspended unless
when, in case of rebellion or inva-
sion, the public safety may require
it," whereas this bill declares mar
tial law, (Which of itself suspends
his great writ in tina Of peace,
and authorizes the military to make
The arrest, and gives to the prison
,r one privilege, and that is trial
without unnecessary delay" lie
las no hope of release from custody
except the hope, such as it is, of re-
ease by acquittal before military
The United States are bound to
guarantee to each State a Republi-
IAN form of government. Can it be
that this obligation is not
broken if we carry out
Measure like this, which wipes away
very vestige ofrepublican govern
nent in ten States, and puts the life,
liberty, and honor of all
he people in each of them under
he domination of a single person
clothed with unlimited authority
The Parliament of England, ex-l
the omnipotent power
which it claimed, was accustomed to
,ass bills of attainder; that is to
ay, it would convict men of treason
md other crimes by legislative an
Ictment. The person accused had
! hearing, sometimes patient and
air one; but generally party preju-
lice prevailed, instead of Justice
t often became necessary for Parlia- |
nent to acknowledge its error and |
everse its own action. The fathers |
# our country determined that no
uch thing should occur here. They |
githheld the power from Congress,
md thus forbade its exercise by |
hat body; and they provided in the /
that no State should |
Ass any bill of attainder. 1t is,
therefore,, impossible for any per-
on in this country to be conEtitu-
.o.,o1I. .-~..-,otod - ,upsobad f,r /