The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1867-01-30
YOL.XXI.
Judge Davis VS.. Military Neces,
ti-d0 rjH "a es eily.8 it7,Ayo' bna svrp
The majority Of the judges Of the su-
preme court, in the opinion read by Jus.
90 ~ ~; 3. ~ (. M,,l;,.., ..ssI so;a. !Eas


preme court, in the opinion read by Jus.
ice Davis in the Milligan case, said; .Ha7
,sThc constitution Is law for rulers and peo-
pie, equally ip war and in peace, and covers with
The shield Of protection all classes of men, at all
times and under all circumstances, and no doc
trine involving more pernicious consequences
was ever invented by the wilt of man than that
any Of its provisions can be suspended during
the great exigencics of government. Such a
doctrine leads directly 70 anarchy ana aespouam; p
is false. 'iss gj rg7at /. ss.t.,ueie,s .,ri /
Considering that five Of the nine judges
composing the court were appointed BY
President Lincoln, and that Justice Da-
Wis, who delivered the opinion, was the
personal friend and, upon all legal ques-
tons. one Of the most trusted counsclors
of the late President, this sweaping and
merciless censure of the most prominent
policy Of the late administration is clo'
auent in its exhibition Of the fearlessne's1
and honesty Of the court. The judges
were not content merely to decide upon
the legal questions involved in consider
ing the validity of trials of civilians by
military courts, as they might have doEe,
and thus spared the republican party
rebuke which has stung j. to the quick,
but they chose to portray the character
and effects Of the assumption that the
constitution could be set aside whenever
the President thought the interests Of the
country required such action.
At any time before the republican par
Iiy become possessed of the control OF the
government the supreme court would have
deemed the announcement of such plain
truths as those contained in the extract
work of sepererogatiou. They have
never been questioned in this country un'
til within the last six years. There have
bten among our most prominent states
men widely different constructions OF the
constitution upon some points, but no
person, prior to Mr.. Lincoln's accession
to the presidency, had the presumption
to assert that any department Of the gov
ernment could exercise authority not
granted to it by the constitution, Cal
houn asserted the doctrine of secession to
be constitutional one, aud Wendell Phil
Hips has steadily refused to take the oath
Of allegiance because it would commit
him to obedience to a law prohibiting
lsucb acts as be counselsd President Lin
coin to perfor n. and as were done BY MIR.
Lincoln at his bidding and that Of other
radical leaders. Calhoun and Phillips
were extreme men, representing ideas a1d
parties in hostility to each other, and both
we're opposed to the generally received
construction of the constitution, but nei'
ther Of them asserted the existence of any
governmental authority to abrogate its
provisions. This wckedness and absur'
dity was reserved for president sworn to
"prcserye, protect and defend the consti-
tuition" 10 the midst Of civil war
which if not prosecuted for the purpose
of maintaining our government in its In
egrity, was the greatest crime ever per
pretratcd by people, he assumed tba
The very bond OF union which authorized
g the contest could besct aside at his pleas
i ure and for such purposes as he and the
vinlictive ard corrupt men who so largel.
influenced him might deem ezpedient.
He adopted theory which the suprem
+ court says is ''talse," to give colorinl
i of Justice to his usurpation. 1t is payinl
IL a wretched compliment to his intelligence
to suppose that be did not know it wa
"false," and it is paying worse one~t
his sense of justice to suppose that b
did not believe it to be true. His admil
'e ers may select either horn of the dilemm
4 they please. The court has not left biz
shadow of defence. Judge Davis, VIII
was appointed by Mr.. Lincoln, suys thu
:, nno doctrine involving more pernicior
< consequences was ever invented by th
a. wit Of man than the one that any Of th
re provisions of the constitution may
y suspended during a great exigency Of d
government" Mr.. Lincoln invented Il
doctrine, The invention was not one r
quiripg great deal Of wit, but he col
aa trived to exhibit his dexterity as log
VI clan and pettifogger en- it after the fCllo'
: ing fashion "Acts otherwise unconstit
p tional may become lawful by becomir
Pc necessary to the preservation Of the co
.r. stItution through the preservation Of d
lte Union" The court has made short wol
of with this thimblerig apology for an usr
IN IN patton involving crime blacker even thi
~ The acts of despotism perpetrated und
il.
= Comparatively, the few judicial m,
p ders which disgraced the national mai
during the war, and the thousands Of cos
of lawless arrest and imprisonment, We
ug of slight consequence aside from the pl
IN cedent they afforded. Human life '
= cheap in those days, and misery in /
= most ghastly forms was abroad in the lar
The victims lawlessly sacrificed to
= demons Of fanatioism and partisan mall
'nS ". olence did not greatly add to that gra
ID, aggregate Of slaughter which made
"The earth ring hollow from below
And warn us Of her dead,
but the "deep damHation Of their TAXI
10: off, was greater shock to the mo
OPP sense and humanity Of good men than
a thousand times the number had fal
:. in open battle. The Supreme Court
administered a proper rebuke h. the Ori
: inals responsible for those atrocities.
has stripped from them every fimsy co
'est aud pretext by which they sought to j.
',T lily their wanton cruelties, and given
,,e'y tice to all who have suffered from h
~ ssmSrT outrages that our Judicial tribunals
.blo ready to redress their wrongs Ohtc'
TSmes.