Columbia democrat and star of the north. [volume] (Bloomsburg, Pa.) 1866-1867, 1867-01-02
The Return of constitutional
Liberty.

Liberty.
That single sentence in the late decision
of the Supreme Court with reference to mil
itary commissions, ''The Constitution is the
supreme law of the land, inswar as well as
in peace, heralds the return of constitu-
tional liberty to the people of this nation.
Ever since the breaking out of the rebellion
that doctrine has been denied by the party
in power. They have maintained the posi-
ton that in time of war the Constitution
was not to be considered as of binding eff
| feet, if its provisions conhicted with the no
tions or ideas of the dominant political party.
| They set up the dogma of military neces-
sity," and under that principle proceeded to
usurp all power, both in the nation and in
| the several States. That platform of mil
itary necessity was wide enough to hold all
those who were opposed to the freedom of
speech, free press, or free ballot. Upon
the plea of military necessity, courts of jus
tice were entered by armed soldiers, and
judges were torn from the bench and i'm
INJURED in prison. Under the same plea,
punishment made to depend upon the will
of one man. Printing Offices were closed,
papers discontinued, and editors arrested by
an application of the same principle. In
all parts of the North, men were seized
| without summons, warrant, or process, their
stores and houses searched, and their per-
sons incarcerated. They were denied coun-
sci or communication with their friends.
More than this, under the same power, men
were tried before tribunals unknown to the
Constitution and laws of the land, and some
were imprisoned, some banished, and others
executed. This was what was done by the
Radicals under their doctrine that the Con-
stitution is not the supreme law of the land,
in war as well as in peace.
From this long catalogue of crimes COM
mitted under the plea of military necsssi-
| ty'' in States remote from the scene of actual
conflict, and when the courts of law were
open, and the course of justice unimpeded,
| the lovers of civil law and constitutional su-
premacy can now turn to the recent decision
of the Supreme Court and its effects The
|
in the land. 1t can open the doors of the
prison and let light and hope into the dun
geon of the captive. American citizens can
no longer be torn from their families by the
sound of bell, banished to crafty politi-
cal rival, or made to mount the scaffold to
insure the success of a political party. They
can demand a trial by jury, and that de-
mand will be enforced. That jury also must
| be selected in accordance with the civil law
| Military slaughter-houses have had their
| day Insulting, and maltreating, and tor
turing suspected persons will no longer be
permitted. The rights guaranteed to all
| American citizens must be respected. Until
| proved guilty, all are considered innocent,
says the law, and that principle, reversed
| during the reign of Radical misrule and in
tolerance, will be enforced now under the
dispensation of law and constitutional lib
erty, as proclaimed by the Supreme Court.
If man is guilty, he can be punished. But
| it must be in accordance with law. No spy
or inforner, no canting hypocrite, can drop
the ballot of condemnation in the Lion S
Mouth" as under the Venitian dynasty, and
thus crafty at once private hate and politi-
cal dislike. The Supreme Court has de-
clared that the Constitution is the supreme
law of the land, in war as well as in peace,
and from this day new departure will be
taken in the administration of law through
out the nation.
! But there is another view to take of this
declaration of the Supreme Court. Its
light is shed with glorious radiancy upon
the path that leads into the future. Does
| it not at the same time illuminate the dark
and murky past, and allow the friends Of
Justice to see how crime may be brought tc
the bar of justice, and properly, constitu'
tionally and legally punished? Military
commissions, which deprived citizens ofthelI
rights of trial by jury, have been pronouced
unconstitutional and illegal They stand
upon the same footing as Lynch courts
by which men have been murdered. There
is not now and never was any law for either,
and the men who sat upon the commissions
to try Vallandigham or Milligan, In law, oc-
cnnv the same position that those persons
do who have pronounced the death sentence
upon fellow-being from the bar-room OF
Western tavern or the deck of Mississippi
fat boat. Where citizens have been im
nrisoned by the DEGREES of these illegal mil
itarv tribunals, it is case of false lmprlson
ment-where executions have followed, the
crime of murder rests upon the conscience
| of the men composing the military LyncI