Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1867-01-08

process unoOstructcu luts cccrt has judte
ial knowledge that in Indiana the Federal
authority was always unopposed and its
courts always open to here criminal accus
atoms and redress grieoances; and no ussges
of war could sanction military trial ,hese
FOR any oiiense whatever Of a citizen in civil
life, in nowisc connected with tie military
service. Congress could grant no such
| power: and, to The homer vi our national
| legislature be 1t said i, has never been pro-
soked hy The state Vi The country even 10
| attempt is exercise. oue Of the paaest
! constitutional provisions was therefore, IT.
| lr.Uged when N,llieain was t.iti by couit
not es9aiaes aud established bg Congress,
| and not composed 81 judges appointed Gu
| ring coed behavior. Why Was tie not dc.
| iyerta TO Tie Circuit Court II Indiana to
be proceeded against according to law.
No reason of necessity could be urged
| against il, because Congress had declared
penalties against the o!fenses charged, pros
| ydei for their punishment, and directed
hat court to hear and determine .hem.-
And soon after this military tribunal was
| ended, the Circuit Court met, peacefully
transacted its business and adjourned. 1t
needed no bayonets to protect IL. aud re-
quir,d no military aid TO execute Its judg>
ments II was held in State eminently
distinguished for patriotism, BY judges CON-
missioned during the rebellion, who we're
provided with juries, upright. intelligent.
and selected by . marshal appointed BY the
President. The Government had no right
to conclude that Milligan, IL guilty, would
not receive in that court merited punish-
ment; for its records disclose that it was
Constantly engaged M the trial ofsimlar Of
lenses, aud was never intercepted in its ads
ininistration of criminal justice. II it was
dangerous in the distracted condition oil nj
fairs to lca'c Milligan u,restrained o. his
liberty, because he 'sconspired against the
Government, afforded aid ard comfort to
reteis and melted the people TO osur'ce>
ton the Jar said arrest hun, con.inc him
closely, render him powerless 10 Go infther
| mischief; AMI then present his case To the
grand jury If the DIS rici with proofs OF his
guilt, and, ii Indicted, try him according 10
the course of the common law. If this had
been done tn. Constitution would have
been indicated, the law Of 1863 enforced,
aud the securities for personal liberty pre-
served and defended.
Another guarantee Of freedom was bro
ken when Milligan was denied trial by
l lWl. luC ktCoh utbtsub VI shC NVonN'y h"'
differed ON the correct Interpretation to b,
: given to va,i ous provisions Of the Fedora
Constitution: and judicial decisions hs!
! been often invoked to settle their tr,
meaning; but until recently no one evel
, doubted that the right Of trial BY jury va
! fortified in the organic Law against the pow
or Of attack. Il is mow assailsd, but
ideas can bs expressed In werds. and lam
tguags has any meaning, this riyhf-one o
} the most valuable in . free country-ls pre-
served to every one accused OF crime VIII
: il not astaches 10 the army, or navy. or mil
! itia in actual service. The sixth amend
} mcnt aiiirms that "in oil criminal prosec n
tons the accused shall enjoy the right to I
speedy and p ,blic trial by IN impartia
Jury" language broad embrace oil persons
and cases; but the fifth, recognizing thu
necessity Of an isdictmeot or psessntment
J before any one can be held TO answer fol
high crimes, "ercepss eases arising in tn
! land or naval forces, or in the militia, wher
in actual service, in time Of war or public
danger - and the trainers of the Coastitu-
ton doubtless meant 10 limit the right o
trial by Jury, IN the sixth amendment, I,
those VINO were subject to indictment u
prcscntment in the fiith.
The discipline. necessary TO the etiicient
r of the nrmy and navy. required other am
, sa1tcr modes OF trial than are furnished b.
! the common .aw courts aud in pursuance
: If the power conferred by the Constitution
( congress has declared the kinds Of trial
$ and the manner in which they shall he cor
T duc, cd, for oisenses Committed while III
: na,ty is in the military CT naval service
: Every one. connected with these blanche
> ~ the public service, IL amopsb!e In IA
| jurisdiction Which CeueresS tiaS created 10
I th1ir government. and while thus scrvin,
suirenders his right Il lie tr,d 10y the clt
e1a,is III et.er persons, citizens OF state
Is Nteie the courts are open, 81 Charged wit
.iilne, aud guaranteed the iIcstimabc pr.
. iieec OF trial 10y Jury. This privilege is
. vital principle. untlerlyin. tho whole ad
: mnisaation oi criminal justice, u IS mt
= held Ivy suiicrance, aud can not be irittere
& away ON any plea Of state or political nece'
: s,ty. When peace prevails, and the author
d ity OF the governn ent is undisputed, ther
: Is no difficulty Of preserving the safeguard
c oi liberty Tor the ordinary modes OF tn
II are never neglected, and 10 enc wishes
Is otherwise but II society is disturbed b
= civil co,nmotioi-if the passions VI me
d are aroused and the restraints Of law weak
d encd, il not disregarded--thes safeguard
t need, and should receive, the watchlul car
. OF those entrusted with the guardianship {
e the Constitution and laws. In no othe
d way can we transmit to posterity unmpslr
= cd the blessings Of liberty, consecr-ted h
n the sacrifices Of the revolution.
. u is claimed that martial law covers wit
u its broad mantle the proceedings of tn
' military commission. The proposition |
tAis: That in time of VIZ the commando
1 al an armed force III in his opinion the ex
isences Of the country demand it, AID @
t which lie is 10 Judge has the power, with
IN the ines of his military dis,ric', TO sus
pend all civil ri ,hts and their remedies. ar,
| ,a.hi CT citizens rs wei as soldiers 10 th,
rie Of its c.H. and III the exercise 81 hi
lawi authority can not be restrained, OK
rept by his superior officer or the Presl-
dent OF the United States II this position
is sound, TO the cx,eat claimed, then wheI
war cyisfs, foreign OF domestic, aud The
, country is suhdivided into military depart
mcnts for mere convenience; the command
: CT Of one Of them can. il he chooses, with
} in his limits, on the plea Of necessity, with
; the ap?soval Of the executive. substitute
, military force for aud to the exclusion o.
tnc laws, anu PUNISH al PcISOuSs % TX
: thinks right and proper, without fixed 81
certain rules.
The statement Of this proposition
. shows its Importance for, il true
! republican govcsnmsnt 10 . failure
. and there 10 an end Of liberty regulated
By Law. Martial Law, established OF
/ such . basis, destroys every guaraatee o.
j. the Coostitution, and eGect1ally renders III
= .'snilitary independent Of and superior t.
a the civil pewer"-the oesempt to do which
i By The King II Great Britain was desmsd b.
ous fathsss such a odense, thst they Is
e sieusd L = ~ void - enc q ~ eanss,
}. which impslled them to dedoso tAsie lode
il pendence. Civil liberty cad this hiaa .
u martial law can not endure toeslher, th
y antaeoniam 10 irreconcilsb)e; md IN u
ID conflict, one OF the other muse pesiah.
II This nasion. = sxpssiencs be- psove6, ~
rs not alwaye seaaia ct peace. ano - .
.. right to espses that It will always have wis
). and humsns rulers, sincerely attached I
i. principles Of the Consultation. Wickc
u. men. ambitious Of power. with hatred q
:. liberty and contempt Of Law, may Gil III
-. .,,aca ncc. oncnpsad hv w~eh,uwsor ~,