The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1867-03-14


Ii will be observed that Of the three
kinds Of military jurisdiction which can
be exefcised or created under our Con-
stitution, there is but one that can pre-
vail in time Of peace, and that is the
code OF laws enacted by Congress for
the government Of the natioual forces.
That body of military law has NO appli-
cltion TO the citizen, nor even 10 the
citizen soldier enrolled in the militia ia
time ofpeaee. But this bill is not a
part of that scrt OF military law, for
that applies only TO the soldier and not
To the citizen, whilst, coatrariwise, the
military law provided by this bill applies
only to the eitisen and not to the SOL
dier.
| reed not say to the representatives
&C tho American people that their Con-
stitution forbids the exercise Of judicial
power in any way but one--that Is, by
tho ordained and established courts
II is equally well knowa that in all
criminal cases trial by jury is made
ind speusable BY the express words Of
that instrument. / will not enlarge on
the inestimable value of the right thus
secured to every freeman, or speak of
the danger TO public liberty in all parts
of the country which must cnsue from
a dcuil Of it anywhere or upon any
prcteaec. 4 very recent decision of
the Supreme Court has.traced the his
tory, vindioated the dignity, and made
known the value Of this great privilege
no Clearly that nothing more is needed.
Io.what extent violation Of it might
lie excused ia time Of war or public dan
ser may admit of discussion, but ~e are
providing now for time Of profound
Icace, when there is not an armed sol.
dier within our BORDERS except these
who are in the service Of the Govern
meut. 1t Is in such a condition Of
things that an act of Congress is pro-
posed which, if carried out, would deny
a trial by the lawful courts and juries
to nine millions of American citizens,
aud to their posterity for an inde6-
mite period. II seems 10 be scarcely
possible that amy one should seriously
believe this consistent with Constitu-
ton which declares, 10 simple, plain,
and unambiguous language, that all
persons shall have that right, aud that
no person shall ever in any case be de-
priyed OF it. The Constitution also for
bids the arrest Of tho citizen without
judicial warrant, founded on probable
cause This bill authorizes au arrest
without warrant, at the pleasure Of a
military commander. The Constitution
declares that ''no person shall be held
to answer for capital or otherwise in
famous crime unless on presentment by
grand jury" This bill holds every per-
son not asoidier auswerable for all crimes
aud all charges without any present
meut. The Constitution declares that
mo person shall be deprived Of life,
liberty, or property without due process
ot law" This bill sets aside all process
of Iaw. and makes the citizen answcra.
Die in Sis person and property to the
win Of one man, and as to his life to the
win Of two. F;pally, the Constitution
d.clares that .'the privilege of the writ
h IDEAS corpus STALL not DO suspended
unless when, in cxse OF rebellion or in
VISION, the public afely may require it
whereas this bill declares martial law
(Which Of itself suspehds this great
writ in time OF peace, and authorizes
the military 20 make the arrest, aud
gives to the prisoner only one privilege,
aud that Is, n trial without un1ecassa-
~ delay lie has no hope OF t,lease
from custody, except the hope such rs
il Is, of release by acquittal beforc Il
military commission.
The United States arc bound to guar
an.ec to each State republican form Of
government. Can il be pretended that
this obligation is not palpAbly broken il
We carry out measure like this, which
wipes away every yeStigc Of republican
government in ten States, aud puts the
life property, liberty, aud honor Of all
the people in each of them under the
domination of single person clothed
with unlimited authority.
The Parliament in England, excrei-
sing the o,ipipotent power which it
81 lined, was accustomed to pass bills Of
attainder; that is to say, it would con.
Wet men of treason Snd other crimes BY
ie ,islative enactment. The person ae-
cused had hearing, sometimes pa