American citizen. [volume] (Butler, Butler County, Pa.) 1863-1872, 1867-01-30
Supreme Court and Military
Commissions.

The decision of the Supreme Court,o
the ,Constitutionality Of Military Com
missions. occasions, as might be expect
ed, considerable enxisty ae1ong those Of
icers who, during the rebellion, were
members of such Commissions. If as
is alleged, the decision cad be applied to
make them responsible for their. action
in such cases, their position is by no
means pleasant one. They will, upon
that ground, be,liable to prosecution and
to We know not what penalties And,
from the natural impulse of revenge, as
we'll as from the actual exhibitions of re-
sentful passions, made by many of the
late rebels, we may be sure that such
prosecutions will be eagerly made when
there is the slightest chance of success,
and that they will be urged as long as
they furnish any gratifca ton to resent
full passions. There are hundreds of per-
sons who have been arraigned aud tried
before such military tribunals, who would
think themselves but too happy could
they have the opportunity of retaliating
on the officers who ordered their arrest
or participated in their trial
That anxiety is felt on this subject is
averred by an authority that should be
we'll informed on the premises, the Ayny
and Nary Journal, which also suggests
some of the difficulties that might be en-
.countered by officers involved in prose>
cutions of the sort referred to, and ex-
presses the opinion that Congress should
promptly devise remedy for the case,
that will seeure to officers relief and in,
demnity. One of the difficulties that
would in some cases be sure to prevent
fair trial is, that the offense charged would
come under the Jurisdiction of State
courts. In State court of Virginia or
North Carolina, for example, what chance
Of fair trial or Of just verdict could
a loyal officer have, on charge of assault
and battery, or of false Imprisonment
In view of this, the Journal says
Gas practical measure, we would put
forth the suggestion that Congress should
Immediately vindicate the national au-
thority wherever it has been properly ex-
crcised by onr soldiers aud sailors; and at
the same time that it should give the lat
ter the means of removing the revenge
ful suits commenced against them, from
the State to the United States Courts
This latter result could be accomplished
by passing a law that wherever a
prosecution for assault and bsttery, &c,
shall be commenced in State Court,
then, upon the certificate of any United
States Commissioner that the act COM
planned of took place during thelate res
bellion, while the defendant was clothed
with military authority, the suit may be
removed at the defendants opinion to the
United States Courts. It is true that,
even in this case, the facts would have to
be tried before panel from the vicinage.
But it would, doubtless, be possible in
some cases to avoid local prejudiees by
this assertion of United States jurisdic-
tion, and if any such advantage be pos
sible, it should be secured at once to our
loyal officers. The great gain, however,
would be in settling the question of jur-
isdiction. Instead of the action being
carried up from court to court in the gra.
dations of State judicature, it would be
carried into the United States Courts"
We can scarcely think the cases con,
templated in these sentences should ever
be the subject of such formal review and
award by civil courts. But if they are
it is of course proper that they should
not be submitted to State Courts at the
will of the prosecutor, for that would be
to ensure unjust decisions, made under
the iustigation ofrebel prejudices against
loyal men. But we think Congress should
if it lie within its prerogative, do more
than secure just trials, to the loyal, hons
est and brave men who may, by this ex>
traordinary decision be brought into diff
ficulty. The journal makes the follow
ing further suggestions /: e7t1
"Thtee things, then, remain for Con
gross to accomplish by legislation. To
vindicate the national jurisdiction deriv-
ed from military authority, now ques-
toned by the courts to provide for the
trial of these cases in the United States
Courts; and to arrange pecuniary indem-
mites in case the decisions shall rightful-
ly be adverse to the officers. This action
will ward off any hurtful consequences of
those praise worthy acts Of military au-
thority which resulted from the state of
war"
That the men who have faithfully per.
formed their duty to the Union, in mill
tary commissions or in any other way,
should now be subjected to vexations and
revengeful prosecution by malignant reb-
els, appears to be such monstrous prop.
osition, that it requires very strong ar
gument or weak mind to give it cred>
ence as correct. 1t involves the Presi-
dent of the United States, and all who
assisted ip any military trial connected
with the assassination of Mr. Lincoln
1t subjects them to pains and penalties
! for doing what the country and the world
believed to be right. We are, persuaded
that justice and right do not place men
in such position, and that the people Of
the United States do not wish, and will
not permit their true and loyal men to
suffer penalties for being true and loyal.
| -Iittsbusgh Commercial. ~ ~,
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