The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-01-04
DECISION OF THE SUPREME COURT Ii
THE CASE OF MSLLIGAN.

We take pleasure in laying before ppr readers
this morning the following synopsis OF the opinions
delivered by the Supreme Court, on the 18th ult.;
in the case e1 pa1te Of LAMoDN P. Mr1Il1aAN, de-
carng the illegality Of his trial. for alleged con-
spiraoy, before military commission in indiana,
and in effect, ordering his discharge from prison,
he having been convicted and condemned to death.
The case it Will be remembered, was brought be-
fore the United States Supreme Court on ccrtif-
cate Of division Of opinion of the two Judges OF
the United States Circuit Court of Indiana:
There are two opinions OF the court The ono
read by associate Justice DAVIS ls elaborate IN ls
defence Of the constitution and the rights OF citi-
zens, and their protection il person and property
Az has been stated all the members Of the Supreme
Court agree upon the point relating to ha6eos cor
pus and to the question "Ought the court to issue
writ habeas corpus and orler has release; f I'm
mission the right to Try Mulligan ?" produced the
dissenting opinion, which was read by Chiof Justice
Chase for himself, and Associates wayne SWayne
the points already gvon Of MIR. Justice Davis opin-
ion. the following extracts are made, touching the
controlling question in the case OF the jurisdiction
Of tho military commission to try hlm ana legally
punish him, he being citizen OF Indiana and
never soldier or sailor, Judge DAVIS says
No erayer question was ever considered by this
court nor one which more nearly concerns the
rights of the whole people; for it is the brthrght
crime, TO be tried and punished according to law.
The power Of punishment is, alone through the
means. which the laws have provided for that pur-
pose, ind if they are Intellectual thero IS an lmmn-
i;itv from puniehment, no matter now great an OF
feniler the individual may be, OF how much his
crime NAV haYe ahocked the sense OF justice OF the
country or endangered Its safety. BY the protection
of the law human rights are secured; withdraw that
protection, and they are at the mercy OF wicked
rulers or the clamor OF an e1citea PeGpe; ~ tnero ,
uroyince 10 interfere; X there was not 1t Is our
duty to .iecare the nullity OF the whole proceed
ines. The decision of this question docs Got &C.
pend en- argument or judicial precedGnts: nu-
,nerous and highly Illustrative as eafy 90 arc .Sc
s:ruerla to preserve liberty and to relleve those
in civil life from military trials. The founders OF
our government were fnnlilias With the history OF
that struggle, and secured ln written cons.lsu
ton, every right which the people had Wrested
from rower during contest OF ages. By that
constitution. and tue laws authorized by 1t, this
question must be determined: The provisions Q,
that instrument on the admins tratioa o. cra. sr
1miseonstr;lcton or doubt Of their true meaning.
Those applicable 70 this case are found IN that
clause of the original co1astl tlsutlon, when says
hat the trial of all crimes except u essoa o. I'M
sh ha Ies Be 1s 5 a ths amendments a sf
fourth proclaims the right tc be secure in person
and effects against dsia varrst , aba b
not sas ssgt proof 5naRea 9f RS9paoff fhe sasss h
supported! 6s oa,h na nepson rs shall bs ed to an
for capital Or Otherwise Sy sIand napius ar srs es
cent in cases arisins in the land naval forces or
in the ts when in n aesa ss enfvad ssTdo u m smS Se2
ty 1e or = property without due process Of law And
the sixth guarantees the right OF a y b1 a y n
upright Judges impartial juries and an asls par
tio innocent T be saved and the gully punish ,sa
eui eutos Is the accused shall enjoy tho right spec
dv and pbc trial by impartial jury ot tne 9ta.e @
Committed, which district shall have been prcvlse
ouslv ascertained Ly lay, end to De informed Oh
onted With the witnesses against h e n IS hs
fayur and to have the assistance OF counsel FOR is
defence" ,,,.,, ctotao 10 Law
for rulers and people, equally in war and IN peace
and covers with the shield of it's Prot9csion 1 all