New-York tribune., 1867-01-01

| been QueStlOneO anu II uoi
lion of the writ habeas corpus throughout the i nud
states by the President The two next sectoisS alou t
hs authority i'm important respects Ihe secohd seclon
rcdurcd that lists Of all Iersos DelIs cuzes ol 9.at
unimpared i'm the Federal Courts, who wero he hed OF
might thereafter be held prisoners OF the united S.ates
under the authority OF the President otherwise tha as
nroners of war; should be furnished to the Judges Oh inc
Circuit and District Courts The lists transmitted 70
siding within respective jurisdictions charged with
violation of national law; Gnd 1t was required III cases
| where the Grand Jury in attendance upon any OF
| these Courts should terminate its session without
prisoner named on the list, that the Judge Of the
Court should forthwith make an order mat such prisoner
desersiag discharge should be brought petore G % H
ances if required to keep the peace or Iot goo1 & pa @
yor or 70 appear as the Court might 9Teet 10 pS % td
, & m H,f E thS Jndgcs order under penalty for
refusal or delay, OF fine and imprisonment The thrd
section provided In case lists OF persons other than prs
oncrs of w. then held in confinement thereafter
rested ouo not be furnished within 90 days after the
passage Of the act or In case OF subsequent arrest Wil
termination OF session OF the Grand Jury without ndlc
ment prcsentmcnt, might y petition alleging the larts
and verified by OATH obtain the Judges order OF uis
charge in favor of any person so imprisoned on INC
terms and conditions prescribed In the second sctlon
was made duty Of the District Attorney of the United
States attend examinations petitions Tor discharge
II under this act that Mgan petioned the circuit
prisonment. The holding of the Circuit and District
Courts Of the United States In Indiana had Deeh
Interrupted The administration Of the laws in
The Federal Courts had remained unmpaired Nil
iean was Imprisoned under the authority Of the
S1s PR @ and poScrs gas not had Bgen furnished to
the Judges either of the District Circuit Courts as re-
Conrts Of the indiana District while Milgan there
Imprisoned, and had closed its session without Hh9hg
ag9iiSt th@ pisoner Ills ease was thus brought within
tie precise letter and intent Of the act of Congress unless
II can be- said that Millmn not imprisoned by au-
thoritv of the President and nothing Of this sort was
claimed in argument the part OF the Government IL
Is clear upon this statement that the Circuit Coft
was bound 10 hear Migan's petition Tor the
wit of habras corpus, called in the act an order 10
bring fhe prisoner before the Judge or me court.
aud To issue the writ, In the language OF me c 20
make the order The first question therefor Olsn G
writ 20 issne g. must be answered IN ih9 m @ nu
II equally clear that be was entitled 10 the discharge
prayed for II must he borne In mind that the prayer oI
thc petition was not for absolute discharge nut to e
delivered from military custody ana Imprisonment, Hnu
II found probably guilty OF any oiicnsr, TO De turned
over 10 the proper tribunal Tor inquiry anu @
If not found thus probably guilty. 10 DC diScatseu
gre-s required this action OF the Court Inc prisoner
must bc discharged ON giving such recogmidnce as
the Court should require not only Tor g0od behavior
but FOR appearance rs directed by the Court to answer
aud be further dealt with according 10 law Inc irs.
section Of the act authorized the suspension OF the Wt OF
The second and third sections limited TINS Suspension III
certain within stacE where the administration 3t
Justice b. the Federal Courts remained unlmarcd lh
these the writ st! TO issue and under the
District Judgc or Court, unless held to baiI Tor ap,
pcarance 70 answer charges No other judge oi
writ Except under the circumstances pointed ont
ms the act gfhcr Circuit District Judge OF Court
the writ must De issued and the relief from Imprisonment
directed by the must be afforded Tie commands OF
Judge An affirmative answer must therefore be given
To the second question, namely; Ought Mulgan To- pe
That tie third question, namely, had the Military
Commission In Indiana under tle facs dat'' Jurs'
dictiun 10 try and sentence Mligan must be an
tw'ea % myEiv,'y. , az 70 tbn other Two The Military
Commission could hot have jurisdiction 10 try and sen
cuCc Milgan If he could not De detained IN prison uhr
Il fla III
been framed on purpose TO secure the trial Of all offcnses
of citilrns by ci1 tbuunls in where these ribu
nal, were not ptcrrup,ed in the regular eEercl's
the privilege of the wit might be suspended,
any person regarded ~ dangerous to u' punue
safety might bc arrested and detained until after the
session of the Grand jury Until after such session no
person arrested could have the benefit OF the writ ana
such 10 future appearance a. the Court might
impose Ihrsc pToll%@ns % 90 t @ @ ~ cid
trial or sentence thnn that oil ,S oouI "u @ ,,,;, ]
assert the legality Of trial and sentence by Military
act aud described by th. ptuh99h Mi,auul NV
gardng the plain directions OF congress. We
c,rfd must receive affirmative and the last
nceatgo We DO NOT doubt that the positive provisions
think II ne esnry 10 look beyond these provisions IN
frm find sufficient aud controlling reasons Tor oni
conclusions But The opinion which las just b"" read
zoe. fther and as We understand 10 asserts NOT only
thar ihs Mlt,fy Commission held Ia Indiana was not
~ Conc 90 authorize II nom which may lee Thought
10 follow that Congress has no power To indemnify i'
blluy IN civil Courts FOR acting as members 81 it
We tauuoi agree to s We agree m the proposition thdt
neither the President, nor Cougrcs7, nor me 'oliis
possess any power not given M the o"istt95i"n , W.
mahle value of the trial hy jury aud Of the ohrr c@ti
usnal safeguards of cN liberty ana We concur m 3l'o l
pension with. two reservations: frNt, That ~ olr Juds
nGui when c wit is suspended the Executive Is an
there are ca.c. In which the privilege of tie ~rl huE
,gpSpa.G ' in saf, a%a RRprc p,'S c courts % are
OPEN may be authorized by Congress ~ wei ~ arrest
sa"ur al nnt cTrr"ad 70 authorize the Military Cdmmi.
sion which was held IN Indiana. We do not think II ne
ccs-ary To dscu's a large the grounds oI our
We VIII briefly indicate some of them Tic CONSTITUTION
itself provides for military government as We. s 9r c'
government aud We do not under r-tana u 10 u' e'n'
that the cvi safeguards Of the Constitution have amh
cation IN cases within the proper sphere OF IN" fortr
what, then, f. that proper sphere t"hs,eSS llS
power 10 raise Nld support armies, 10 Pi"
ydS and mnntain a nay -M.hns to NJ mnHf fno rrSSj
and naval forces, and TO provide for goVrrlug ,.,
part Of ne militia a- may be IN te st,I nc % :" "g rcs for
the government OF the army aud navy II power Pro
vide FOR tral aud punishment 10y Military courts Nlh"uI
jury II has been so understood ana & t,nA
the adoption of the Constitution Ia the present un',
nor in our adsmcnt doc the iIm oi ~ Any o 1nG ord
naval forces or In the militia In actual service In time
captcd FROM the nth amendment, " that no person
shn he held to answer for capital or othrI
mrnt Of a Grand jury; and it ia admitted that the excep
ton applies to other amendments as wen rs To me MIN
now undcrstg this exception 10 have the sam" M
port and effect a the powers Of Congress IN reton To
The government Of the army and navy and tie militia had
been rccited I'm the amendment, and cases Whn those
powcrs and had been exprr excepted from IT. opciT
on The states most Jealous Of cncroacmcuts upon the
beres OF the citizen when proposing additional saat
Guard, I'M the form o amendments. excluded specifically
from their effect arising In the government OF the
land and naval forces Thus Massachusetts proposed
person shall be tried for crime 10y which ne
would Infamous punishment or loss OF life until
hc be first indicted 10y Grand Jury, except IN sch cases
ns may u the and regulation OF the lahi
forces The exception In similar amendments, proposed
by NewNork. Mary land ana Virginia, was IN t1 a,ne or
! c1uya yaent terms. The amendments proposed by the
states considered by the lst Congress ANA such hs