Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-01-05
TIEE EFFECTS OF THE GREAT DE
sVEFnN

The Supreme Court Of tbe United
states in its decision on Monday hast
said
The great minds Of the country have |
differed on the correct Interpretation to be |
given 10 various provisions Of the Federal /
constitution and judicial decision has been
often invoked to settle their true meaning;
bat until recently no one eyerdOubted that
the right Of trial by jury was fortified in the
organic law againstthe power of attack. 1t
il nom assailcd; but, if ideas can bcexpressed
In words, and language has any meaning, h,s
right-one Of the most valuable in a free
country-is preserved to every one accused
Of crime who is got attached 10 the army
or navy, or MALTA in actual service. The
sixth amendment atiirms that sin all Criml-
nal prosecutions the accused shall enjoy the
right to a speedy and public trial by an i'm
partial jury" language broad enough to
embrace all persons and cases.
The disciple necessary 10 the efficiency
Of the army and navy required other and
more swifter modes Of trial than are fur
nished by the common law courts and IN
| pursuance Of the power conferred by the
/ constitution. Congress has declared the
| kinds of trial. and the manner in which
! they shall be conducted, for of
fences committed while the party is in the
military or naval service. Every one
! connected with these branches Of the
| public service il amenable 10 the iuris-
diction which Congress has Great
ed for their government, and, while thus
serving, surrenders his right to be tried by
the civil courts Al other persons, citizens
Of States where the courts are open, II
charged with crime, are guaranteed the in
estimable privilege Of trial by jury. This
privilege is a ritui principle uaderiWag The
iri0lc administration Of c-imrnai justice j; Il is
not held jl WferJHcs, and cannot BE- tTHered
oir0g on any plea Of State OF p0it6od necessity.
This language clearly enunciates the
great principle of the right Of trial by
Jury, and the argument Of the opinion
conclusively establishes it as the ire
pealable law Of the land, and refutes
every caviI and bubble by which it is
sought to be denied 1t depriyes the
officers and agents of the Freedmen 3
Bureau Of the judicial powers granted
to that establishment by Congress. The
people who are subjected to the operation
Of that species of military commission
are citizens. war does not exist i'm the
region where it holds sway. the civil
courts are open, the processes Of the law
are unobstructcd. Every condition exists
under which, as the court declares, the
constitution saws the citizen can claim to
have his cause heard by an impartial
jury of his peers. The application Of
the principles laid down by the court
to this colossal imposition is perfect,
and entirely sweeps away its chieJ
revolving feature The celebrated mil
itarv order known as No A also
| falls before it 40 civil officer has the
power to arrest and detain citizen for
an alleged oH'cnsc against the law without
due process and commitment; and the
military power cannot assume that the
civil authority is derelict, and do this in
time of peace, under plea Of military ne
cessitv This if we correctly understand
it. is the spirit and intent of that order
1t also secures Jefferson Davis against
the vengeance of a court organized to
convict" 1t does all these special whole
some things and asserts anew for every
citizen one of the most inestimable priv
ileges Of free government-the right to
speedy, public and impartial trial, when
charged with violation of law
These are some Of the important future
! effects Of this decision. II would seem
equally clear that it annuls the Judgment
of Illegal military courts heretofore made
and that its retroactive effect would legit-
imately remand every case which has not
passed beyond the jurisdiction of tempo
raj tribunals TO the regular civil courts
of the country to be tried upon its merits
and by the accepted rules of evidence