The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-01-01

OF January 1884 when ~ Olrcut CouES fe The district
ind'so.po and .sr1ds q iSs M dsy q he sane
month adjourned without nnding a indictment pre-
and sSsir ruth I oonosdsd Tor IL purposes o. this
casethe Court wns required 70 bsrats HIM on taking
osss s. Ss @ asS a.. ;eI s,s e:S
GUIDED rom the privilege Of the statute II i easy
rested there and had not been during the late troubles
resident Of any Of tho States In rebellion II Indiana
he consprsd with bad to assist the enemy, he 10
punishable for 1t In the courts Of Indiana; but when
tired Tor tue onencs ne cannos plead the rights was
the government and only such persons when captured
are Prsonss ofwG y be cannot enjoy the immnnitiss
attaching % the character Of prisoner Of how can
case, - wen as the kindred case OF Bowles
and the proper orders were entered u record
There Is therefore, no additional entry requreds
opinion Of Chief Justice Chase.
On certificate Of division OF opinion between the
Judges Of tn Circuit Court OF the United sates FOR the
District OF Indiana, Mr. Chief Justice Chase delivered
the following opinion; - r4o saf
Four msmbss Of the Court cOncu.zing with their
brethren In the order heretofore made In this case
with she opinion which has just been read, think i
e c
cult Court for the district Of Indiana had Jurisdiction Of
whether this Court has jurisdiction upon the certificate
or division admits Of moro question. The construction
9s ct .,s ce a.Sss has
before the Court but none q the adjudicatsd
whether doubt may in favor Of the earliest possible
answers to questions involving life and liberty. We
questions ceriAsd in such case . that before US
The crimes with which Aliigan was charged were
ns sssss Sd h; Ss hon. ' I'd
taken o. true admit his guilt; but whatever
his desert q punishment may Be, I. . - more
should not b. punished under an illegal sentence
toned BY this Of last resort than that he should
OF the whole people be violated aside in
order TO inlet even upon the guilty UNAUTHORIZED s1;;
gap were by military commission convened in Indiana
during the fall Of 1884 The action OF the commission
had Deen under consideration by President Lincoln for
in May 1885, and the sentence Was ordered 10 be carried
u.s sanction Of the Executive o. the gov
eminent. This sanction requires the most respectful
sentence which supports must not be set aside except
upon tho conviction that 10 cannot be roconcled
the % and shs ~Ss
or statutory provisions have relation 70 this military pro-
| ceedng.
the leg =a'ioa which seems TO require consideration in
this connection The consttu,ionalty Of this act has
been % stoned, and is not doubted The first sec
ton as;a" nv r suspension, during the rebellion, Of
The wrt n,bcas corpus throughout The
| United starr ~ the President. The Two next
seoliop. I'm authority in important respects:
lbc sceois. Ion. recaired that iists Of all
Ise sdnnis,.on q The laws had continued unm.
paired IN tns Federal courts, who were then lIed
or nshl thereafter be held a. prisoners Of the United
| wise than prisoners Of war; should be furnished
| 10 the Judges Of toe Circuit and District Cours.
The lists transmitted TO the Judges were 20 contain
i've Jurisdictions charged with violation Of national
sad a1 Jury IN s.udsncs upon sny of these
courts should terminate its session without pro-
essdng y Indictment or Otherwise sg.nss any prisoner
forthwith make order that such prisoner deserving
discharge should be brought before him the court 70
be discharged on entering into rccognizance required
keep the peace for good behavior Or 70 appear Is
the court might direct TO Dc further dealt with accord
oustUdy Of such PRISONERS was required 70 Obey and
the judges order under penalty for refusal or
delay, Of One and Imprisonment
The third section provided in lists OF persons
other than prisoners Of then held in confinement
thereafter arrested, should mot be furnished within
subsequent arrest within twenty days after the time OF
arrest that any citizen after the termination 81 session
Of the Grand Jury without indictment or prescntment
might by petition aeging the and verified by oath,
obtain the judges order OF discharge IN favor OF any per
son go imprisoned on ne terms ana oon s pre-
the District Attorney or the United States TO attend ex
aminations on petitions for discharge.
Il was under this thai Milgan petitioned the Or
cult Court for the district Indiana for discharge nom
Imprisonment The holding OF the Circuit and Dis riot
rupcd The administration Of the laws IN the Federal
| Courts had remained unmpaired. Mgan was inpris-
oned under the authority Of the President. sod
prisoner Of No list Of prisoners had beca iur-
nshed TO the Judges either Of the District or Circuit
Courts, as required BY law Grand Jury
had attended the Circuit Courts OF the indiana Dis
district while Migan there imprisoned, and had
closed its session without finding any indictment
oner HIS case was then brought within the precise
and OF the act OF Congress- unless II be
the President and nothing Of this sori was claim in
| argument on tho part Of the government II II
clear upon this statement that the Circuit Court was
bound 10 hear Miiligans petition for the writ
| OF habeas corpes, called in the act an order 70
bring the prisoner before the judo or tho court,
aud TO issue the writ OF In the language OF the act 70
make tho order The rs question, therefore, "Ought
the writ issueYn mus be answered In the affirmative;
charge prayed Tor 1t must DO borne in mind tbar he
prayer of the petition not for absolute discharge
but 70 be delivered from military custody ano imprson.
turned 70 the proper tribunal Tor inquiry and punish
meni, If not found thus probably guilty, TO be dis
aged altogether and the terms OF The act OF Con-
gress required hls action OF the Court The prisoner
must be discharged on giving such recognzsnce az
bu, for appearance directed b. the Court answer
and further dealt with according 10 law. The hgst
section Authorized the suspension u the wrt
Of habeas corpus neray throughout the United States
The second aud third sections limited this suspension IN
cses within States where the ADMINISTRATION OF
Justice the federal remained unimpared. In
these the writ still 10 issue, and under II the
prisoner entitled 10 his discharge by Circuit or
District Judge Court unloss held TO bali for appear
aoce charges No oehor Judge or Court could
make order OF discharge under tho writ Except
under the circumstances pointed out by the act neither
Circuit District Judge Court could make sGsh an
order but under tnosc circumstances The writ must be
issued and mo rces from Imprisonment directed the
act must be Afforded The commands OF the act we're
positive and left discretion 10 Court or Judge. An
Affirmative must therefore be given 70 the second
question, namely ought Milisan to be discharged ac-
| cording 70 the prayer Of the pettionf
That tho third question, namely, had the Military
Commission in Indiana under the facts stated jurisdc
ton try and sentence Aligan, must be answered.
negatively, 10 unavoidable inercncs from the aorma
| tive answers TO tho other The Military Commits
sion could jurisdiction TO try and sentence Mil
igan he GOULD NOT be detained In prison under his
original arrest under sentence, after the close
| Of scssion Of the Grand Jury. without
| Indictment other proceedings against him.
Indeed, the act seems 70 have been framed on pur-
pcee to tho trial OF all offences Of citizens by
civil tribunals In States whore these trbunals
not interrupted In the regular exercise vi their func
tons Under H. In such States the privilege Of the writ
might be suspended any person regarded a. dangerous
-