The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-01-04

CHARLESTON,
Such doctrine leads directly to anarchy or des-
Potlsln out tho theory of necessity on which it a
oasod is talse for tho Government within the Con-
stitution, has all tho powers granted to it, which
happily proved by the result OF tie great effort to
| throw OF its just authority. os-
A guarantee of freedom was broken when Multi
gan was denied 3 trial by jury. The great minds
Of the country have differed on the correct inter-
probation to be given tovarious provisions of the
been often invoked to settle their true incoming !;
but until recently no one ever doubted that the
right Of trial BY jury was fortified in the organic
hw against the power Of attack. Tt is now as
salled but II ideas can be expressed in words,
and LANGUAGE has any meaning, this right-one
served to overy accused Of crime who is not
service. -.7 --I7'0 -
1t is claimed that martial Inv covers with it's
broad mantle the proceeding of this military COM
mission. The proposition is this: That in q time
OF war the M Of an armed force f his
in o lines Of his military district, to pa, suspend al
zons wo as soldiers to the rule Of his soN; and
IN the exercise Of his lawful authority cannot be
Is fs5fept tSep II s staqp s 4e the
sound to the extent claimed, then when war exists
foreign or domestic, and the country is subdivided
into military departments for mere convenience,
the commander OF one Of them can, il ho chooses
within VT his limits on the plea Of necessity, with
force for and to the exclusion Of the laws, and
pun'> all persons he thinks right and proper,
wltho txel or certain rules.
portance; for, if true, republican government is a
failure and there is an end Of liberty regulated by
aw Mart,a e law established Isl ed On such basis
'hect,!a!!y renders TIC military independent
Of and superior to the civil power''-the attempt
deemed by our fathers Of such an offence that
they assigned it to the world one Of the causes
Which impeled them to declare their independence
Civil liberty and this kind Of martial law cannot
endure together; the antagonism is rreconcilnble;
and in the conflict, one or the other must perish.
try required martial Law in Indiana. If any Of
arrest could secure them until the Government
open and ready to try them. It was as easy to pro-
tect witnesses before civil military tribunal;
anS as there could be no wish to convict except on
than military tribunal composed Of !; .ntlemon
not trimmed to tho profession Of the law.
Chief Justice Chase, in delivering the dissent
Ing opinion, says TINT the third question, namely:
Had the military commission in Indiana, under
the facts stated, jurisdiction to try and sentence
Muligan ?" must be answered negatively, is an un-
avoidablo Inference from affirmative answers to
not have jurisdiction to try and sentence Muisan Sn
if he could not DO detained in prison; under his
original arrest Or sentence, after the close Of ses
sion OF the grand jury, without Indictment or
He also says emphaticaily sswe think that Con-
thorize the military commission which was held
in Indiana, but we do not put our opinion, that
Congress might authorize such q military com
provide for the government Of the national
torcea: we BY no means assert that Congress can
QY1 y
Where peace exists, the laws Of peace must pre-
vail! What We do maintain is, that when the
country are invaded, and all are exposed to inya-
sion, it is within the power Of Congress to deter
mine in what States or districts such great and
authorization Of military tribunals 6or tho trial Of
crimes and offences asainst the discipline or ee-
c95E 2f s or against n the PUBIC safety
Of Mqlligan and his co-conspirators, it is estab
lished BY the papers in the record that the State
operations; had been actually invaded and was
constantly threatened with invasion. It appears
also that a powerful secret association, composed
under military organization, conspirirg against
the tn draft and plotting insurrecton, the liberation
Of the Prise Of var at varions depots, the sci
operation with the enemy, and war against the ma
tional government. Io.@@5
danger Congress had power, under the Constitu-
ton, to provide for the orga .zation OF military
commission, and for trial by that commission Of
thss
Congress as q sufficient reason for not exercising
gress Of the right to exercise it. Those courts
might be open and undisturbed in the execution OF
their functions, and yet wholly incompetent to
iquate promptitude and certainty, the guilty con-
spirators.
In Indiana tho judges and officers Of the courts
were loyal to the Government. But it might have
been otherwise. In times Of rebellion and civil
war it may often happen, indeed, that judges and
9be aeSs most es h the
we have confined ourselves to tho question Of
power. It was for Congress to determine the
termine it. That body did not ses 1t to @ au,hos or
by. BY the strongest Implication prohibited them:
have remained silent if the answers to til the % ques
tions certified had been put on that ground, With
to ba as Of h % NE
public SAFETY denial which, as we have already
suggested, seems to draw in question the power Of
Of military commissions who acted in obedience to
their superior officers and whose action, whether
warranted by law or not, was approved by that up
istration the republic was rocued from threatened
destruction s 17.'
We think that the power Of Congress; in such
times and IN such localities to authorize trials for
crimes against the security and safety of the ma
t!ona! forces, may be derived from. it's constitu-
tlOA4 AuhAOG1LJ Co 1H15e ana support armies and
to declare war, II not from it's Constitutional nu-
thority to provide for governing the national
forces -. -T7'.1 90
We have no apprehension that this power, under
our American system of government, in which all
official authority is derived from the people, and
exercised under direct responsibility to the people,
is more likely to be abused than the power to re-
gulate commerce or tho power to borrow money.
And we are unwilling to give assent by silence
to expressions of opinions which seem to us cal
culated, though not intended, to cripple the con-
stituhonal powers Of the government and to aug
ment the public dangers in times Of invasion and
rebellion. ls- s ..>,+:l s :=55& ,sIr5Ts71 ,1. v,
Mr. Justice Wayne, Mr.. Justice swayne, and Mr..
Justice Miller concur with me In these views. I"
TIE RoafAN Observation-Disclosures OF TIE PopF TO
TIE FRENCH TRoops. The Nazsone, Of Florence,
Of December 10, publishes the following full :Fe-
port Of the speech, addressed by the Pope TO the
officers Of the Eighty fifth regiment OF French
troops and other French officers at Rome !: 7. = Il
On the eve of your departure I am here, my
dear children, to bid you farewell: Your flag left
France with the mission to uphold the he.rights of
the Holy See.- To-day it is. going back. 7 wish
that it may be received with the same feeling that
it left am informed that atl Catholic hearts are
moved; they trombe ID thinking Of the difficulties
in which they see the Vicar Of .our Lord Jesus
Christ, the head Of tho Catholic Church There
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