Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1867-01-08
DAILY DEMOCRAT.
Continued from second peQe.

tCoHttHut0 fvVM e<eo"u P~2e.y
imputed to him, aud his guilt had been as>
certained BY an established court and i'm.
partial Jury. n. deserved severe punish
ment. Open resistance 10 the measures
deemed necessary to subdue . great rebel
lion, by those who enjoy The protection Of
Government, and have not the excuse even
| Of prejudice Of section 10 plead 10 their
favor, is wicked; but that resistance BE-
comes an enormous crime when it assumes
the form OF . secret political organization,
armed 10 oppose the laws, and seek by
steaithy meaSs 70 introduce the enemies Of
the country into peaceful communities,
there to light the torch Of csvil var. and
tkas overthrow the power Of the United
States. CenspisaeieS IKE thcss, u such
juncture, ere extremely perileus. and those
concerned Ia then are dangerous enemies
to their country, end sbouid receive the
heaviest penalties ef the law, - a sxsaple
T. deter others fism sil1dlar criminal con-
duct. Il i said the severity ef the lass
caused them; but CoDgssss wsa obliged 70
enact severe laws to meet the crisis and
- our highest civil duty ID 70 serss our
cosotry ohea in dAnget. he iAts var has
proved that rigorous hws, khsA necessary,
will be chseffully obeys By patsistic PEG
pie, struggling 70 preserve the rich bless.
ings Of free government
The tws remaining questions in this case
must be answered in the a0Dsmaaivs. The
Suspension Of the writ Of ho6oes corpus dose
not suspend the writ iteelE The writ is
SUES - matter Of coufSs. end on the -
tusa made - Il The court decides whether
the party applying 10 dcn,sd the right Of
proceeding any further With IL.
II the military t,ial Of Miligan MS con
trary to Law, then be was entitled, on the
facts stated in his petition, to be discharged
from custody by the terms Of the act Of
Congress Of March, 1864 The provisions
Of this Law having Teen considered in . pre-
vious part Of this opinion, we will not restaie
the views there presented. Milican AYERS
he was a citizen Of Indiana, and not in the
military or nava! service, and was detained
IN close confinement, by order Of the Pres
ident, from the 9Th dav Of October, 1864,
until the I'd day Of January. 1865, when
the Circuit Court for the District Of Indiana,
with . grand jury, convened in ses ion at
indianapolis /; and afterwards, on the 9th
Of the same month. adjourned ~ithsut lind
ing an indictment or presentment against
hiin. IL these averments we're true, the
court was required to libsrA,e him on taking
certain osths prescribed by Law, snd enter.
ing into recognixance for bic good behavios.
But it 10 insisted that Milligaa was pris
onss Of var. aud, therefore, excluded fro
the privileges of Ne statute. II 10 not easy
70 - how he can be treated - prisoesr Of
was, when be lived in Indiana fov The past
twsoty years was arrested there, and had
net been. duriog the late rebellion, resi-
dent Of any Of the States 10 rebellion. II,
in Isdiana, be conspired with bad men to
assist the enemy, he 10 punishable for il in
the courts Of lndisaa bet, when tried for
he edsnss. be cannst plsad The right Of war,
foe be was not engsgsd in legal acts Of bess
Utility against ths Govesn9ent, end only
seen prisoners when captured, are prisoner
Of wss. 1.-The cssnos enjoy the immunisies
attaching 70 the character Of . prisoner Of
wa, hsw can he b. subject to their paiss
and penalties.
This case, - we'll % the kindred cases Of
BowIss and Horsey. were disposed Of ut the
last term. and their proper orders were en-.
tered Of record. There is, therefore, no ad.
ditional entry required.