The south-western. [volume] (Shreveport, La.) 1852-1870, 1867-01-16
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The Supreme Court


The assailans Of the Supreme Court fori. deei
sion in The Indiana case Of military commissions @ar
much Disconnected by the fact which the publication
Of the text Of the two opinions Of najority and mi
nority makes manifest that all essential points ap
ptable IL the present state Of the country the mint
judges are unanimous. There the majority ooin
ion of FIVE judges, and minority opinion by fou
judges; and it was hastily assumed that there was ,
mere majority of one vote, which might be overcome
without resorting to extreme measures for the recon
structon of the entire court
The whole court agreed in the opinion that the
! military commission under review was unlawful; i
had no legal jurisdiction, and its sentences are null
aud void They concurred in holding that there is nc
law by which military commissions can be held unde,
martial law, in any State where there is not fragrant
war prevailing, or actual invasion, by force Of which
the civil courts are closed; and that where such an
emergency exists the authority ceases with tho resto
ration OF the normal functions of the judicial tyibu
mails.
THIS covers the whole case of all the military
commissions held for the trial of civilians where the
civil courts were in the undisturbed possession Of their
tunctions-and the Of such military commissions
everywhere, and at all times, in time of peace.
The point Of disagreement on which the court d.
yided, is ibis:
"Ihe minority, composed Of Justices Davis Nelson
Crier Clifford and Field, held that martial law, and
with it the Suspension Of the writ Of habeas corpus,
arc con@'tutonaly limited to the exgencies of actual
war, and to the places here war is so fragrant that
the courts are unable to act; and that the power in
cudcs arrest and detention, and does lot authorize
trial and Judgment by military commits lions. The
operation Of military law, which is part of the statute
law Oh persons employed in the army und navy is Of
couise excepted cat Of this definition.
Tie minority composed of Chief Justice Chase
Justices Wayne, Swain ard Miller hold, on the con-
tray that these military commissions are not lawful
cause they have not been authorized by any law Of
Congress- but are, On the contrary against the intent
OF an act OF Congress passed i'll 1868. They dissent
however, from tie opinion Of the maortv, which is
expressed with emphatic disnctncss that Congress
cannot, under circumstances Of great public exgency
authorize military commissions to try and punish civ
ilials, under martial law at times when and in places
where the civil courts are open. They maintain that
in time Of war, it is within the power Of Congress
10 determine in what States districts such great and
imminent public danger exists justifes the au thor
satton Of military tribunals for the trial of crimes and
ovn8ea against the discipline and security of the army
Or against the public safety
This covers, under this doctsinc and in the rea
scungs by which it is supported the claim of a vast
dispensing power in Congress over all the ordinary
forms for administering justice and securing personal
rights to be used in time Of war solely the dscre-
ton OF Congress- and, current history shows at tie
pleasure Of mere political party, ruled by disci
pine outside Of the legitimate organisation of govern
melt. For all present purposes, it is an abstract
opinion, which can have vital consequence even if
sustained by jointly of the court, without the &C.
cuFFence OF some great war; except that it might in
cite an INSCRIPTIONS party, to provoke war; in order to
establish condition Of affairs in which it could assert
unlimited power over the liberty and life of its adver
uries.
ut was, however, oycrrucd by The majority, in
ONE golden sentences which stand out in noble con-
Fas1 10 the loose dcca!natory passages in which the
h'el justice sets up the practices Of administrations
nd the results OF elections, sources of power pre-
cradle to Judicial construction of legislative bowcxs.
nd Justites, On the demagogue plea of the implacabe
irue OF the people, the grasppg by public function !
rie5 of ali powers they may decide to be needed in
use OF a controlling necessity, which justfes what
conPes and nsures indemnify from the Justice Of
re legislatures
The court rejected these sopstical pleas for arbi
'ary power, in language beftting the dignity Of the
icmc. We take Il few passages in usrationsof the
ne Of ao2tcre yiudcatOn Of the supremacy Of law,
hich pcryades the whole paper
Oh the irhcting of cxtla.iudciol sentences it re
Is: Ri
mo gravcr question Was ever considered by this h. h.
ur nor one which nearly concerns the rohts ~
the "loe people; Tor is the birthright Of oEo
meGican citizen, when chargad rritn crime to be orr
led and punished according to law. Tile power of J
Hiotlncnt Is alone through the means which the ~
VS. nave provided ter that purpose, and if they are vi
2ttcctu&l, there is an immunity from punishment no m
after how great an offender the individual NAV be cn
low much his crimes may have shocked the sense
justice OF the country, Or endangered It's safety
the protection OF the law human rights are secured D.
IndFa" that protection, and they the mercy Of co
cNed rulers Or the clanor Of an excited people. ~
tier recitng the constitutional provisions for the du
administration fjustice, and commenting on their OIL
ngency and precision, the Court says that after the an
Use OF more than seventy years. they are sought to co
avoided and rebukcs the attempt in these words d,I
The constitution Of the United States is law for
crs and people, equally in and in peace, and up
erS Win Inc shield OF its protection all classes of sol
n, a al times, and under all circumstances M or
Urine invoking more pcrnicous consequences was
ar invented by the wit of man than that any of its
DIVISIONS can be suspended during any Of the great
Gehclcs OF Government. Such a doctrine leads ow
ecty to anarchy or despotism but the theory of ant
eSsy on which it is based is false for the Cavern Co
n within the Constitution, has all the powers granted cha
1t winch are necessary to preserve its existence as by
been happily proved by the result of the great TIL
}rt to throw off its just authoritv' Mr.