The Vinton record. [volume] (M'arthur, Vinton County, Ohio) 1866-1891, 1867-01-03

Thanks for This---OpiniOns of the
Judges of the United States Cir
cult Court.
The Enquirer of yesterday says:
"In the course of the decision of the
Supreme Court of the United
States, declaring military commits
sions unconstitutional, the MAORI.
ty of the Court say that "the Con-
stitution is a law for rulers and peo-
pie, equally in war and peace, and
covers with the shield of its pro-
lection all classes of men. al all
times and under all circumstances;
and no doctrine involving more
pernicious consequences was ever
invented by the wit of a man than
that any Of the provisions can be
suspended during any of the great
exigencies of the Government
Such a doctrine leads directly to
anarchy and despotism, and the
theory of necessity, on which it is
based, is false" Thus the highest
judicial tribunal of the land puts
its seal of condemnation upon the
whole philosophy upon which it
was attempted to justify the usur-
patton of the Lincoln Administra-
ton. Who can deny the justice of
the proposition of the Courts"
WASHINGTON, Dec. 81.
The opinion Of the Supreme Court in the
case of L. p Milligan, or the Indiana con-
spiracy case, on a certificate Of, divis.
ion Of opinion between The Judges of
the Supreme Court of the District OF Ind-
ana, has been officially promulgated.
The opinions of the Judges of the Cir.
cult Court was oppose on three questions,
viz.
LIST. On the fact stated in the petition
exhibits, ought a writ OF habeas corpus to
be issued! ...gr
I'd. On the fact stated, ought said MILL.
gan be discharged from custody?
3D.. Whether the Military Commissi ion
had jurisdiction legally to try and sentence
Milligan. ..-. -..
Judge Davis, who delivered the opinion
of the majority of The Court, held that tht
writ ought 10 issue, and that Milligan was
entitled TO be discharged, that the trial BY
military commission was contrary 10 law.
That. as citizen OF Indiana, which was
mol. in rebellion, and not being in the mill
litary service, he was amenable only 10 civ.
il law, and not military law, that one Of the
pleinest OF. constitutional provisions, was
violated, when he was tried by cour; not
authorized and ordained by law, and anoth.
er guaranty of freedom was broken when he
was denied trial by jury. The first two
questions were answered affirmatively and
theethird negatived--Chief Justice Chase
and three others dissenting rs 10 The third
question, holding it 10 be within the power
of Congress in time of danger or invasion,
to determine in what States ur districts per
sons may be tried by military tribunals.
In this, however, they were ovenuled by
tie majority Of the Court.
In the course of the proceedings it is re
marked that the Constitution is a law for
rulers and people, equally in war and peace,
and covers with the shield Of its protection
all classes of men at all tines and under all
circumstances, and no doctrine involving
more pernicious consequences was ever in
vented by the mind OF man, than that any
Of the provisions can be suspended during
any of the great exigencies Of the Govern.
ment. Such doctrine leads directly 10 an.
archy and despotism, and the theoay Of me-
cessity in which it is based is false.