The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1867-01-08
Illcgality Of Military
Commissions 10 try
oaS . civilians.
DECISION In THE INDIANA CONSPIRA-
CT CASES.
official Report.
SUPREME COURT OF THE UNITED
as. STATES.

d No. 350.-DacExBER TegM, 1865.
4 Erparte in matter of lLambdin p AfiIIigaa,
petitioner. Ga a certificate of dirision OF
opinion bst,oeen the judges of the Circuit
Court of tie United States for the District
4 of Indiana.
II (Contnued.) a..
:, The provisions of that instrument on the
/, ad administration of criminal Justice are too
}, plain and direct TO leave room for miscon-
& struction or doubs OF their true meaning
~ Those applicable to this case are found in
y that clause of the original constitution which
! says, that the trial of all urimss, except in
\. in case ofimpeachment shall be by jury -
!, and in the fourth, fifth, and sixth articles
4 of the amendment The fourth proclaims
|, the right to be secure in person and effects
:, against unreasonable search and seizure
4 and directs that judicial warrant shall not
!: issue "wishout proof of probable cause sup
!, ported by ioath or affirmation" The fifth
:, declares shat no person shall be held to an
swer for q capital otherwise infsmous
. crime unless on presensment by q grand
Z jury, except in cases srising in the land or
!, naval forces, Or in the militia, when in actual
: service in time of war or public danger, nor
be deprived of life, liberty, or property with.
7 out due process OF law" And the sixth guar.
antees the right of trial by jury in suoh man
ner and with such regulations that with up
I !. right judges, impartial iuries, and an able
= bar, the Innocent will be saved and the guilty
!, punished. 1t is in these words: In all orimi.
!. nal prosecutions the accused shall enjoy the
n right TO speedy and public trial by an inn
- partial Jury of the state and district where
+ IN the crime shall have been committed
=. which district shall have been previously as
:, csrtained by law and to Sc informed of the
: nature and cause Of the accusation, to be con.
IN trontsd with the Witnesses against them, to
Z have compulsory process for Obtaining wit.
nesses 10 his favor, and t. have the assistan Sc
~ of counsel for his defence" These securi.
:, ties for personal liberty thus embodied, were
h suoh as wisdom and experience had demon
|, ssrated to BIO necessary for the protection OF
:. those accused of crime. And so strong was
the sense of the country of their i'm portance,
band so jealous were the people that these
.irlghts, highly priced ght not be denied them
by implication, that when the original con.
sstitutlon was proposed for adoption it en-
rcountered severe opposition, and, but for the
vi beiiet that it would be 90 amended as to em-
u brace them, 1t would nagsr have boon rasif-
,ded
al Time has proven the discernmont of our
l. sncesters for even these provisions, express
4 ed in such plain English words that is would
Ieesm the ingenuity of man could not evade
rshem, are no.o. after the l.pse OF more
tnhan seventy years, sough: to be avoided
tThose great and good men forssaw that
Erou bloua timss would arise, when rulers and
people would become FESTIVE under RESTRAINT,
sssud seek, by sharp and decisive measures,
10 accomplish ends deemed Just end pxopar,
sand that the principles of constitutional lib.
isrty would be in peril, unless established by
lfrrepeaable Law. The history of the world
II ad taught them that what was done in the
lhpast might be atten pied in the future. The
aaonstitu.ion of the United States is law tor
n.ulers and people, equally in war and in
apeace, and eovers with the shield of it's pro-
Injection all classes OF men, at all times, and
lnder all circumstances. No doctrine in
lAeolvlng more pernlcious consequences was
'.oever invented by the wit Of man than that any
.,6fits provisions can bs suspended during any
AADf the great exigeneles of government
Such doctrine leads directly to anarchy or
stesposism, but the theory of necessity on
(which it lie based is false, for the govern
npnent, within the constitution, has all the
sipowers granted to it which are necessary to
rpreserve it's existence, as has been happily
-Iproved by the result of the great effort to
y.hrow off its just authority:
~ Have any of the rights guaranteed by the
ieonstitution been violated in this case of Mil
ligan and if SO. what are they? Every
Trial involves the exercise of judicial power
band from what source did the military com.
Emission that tried him derive their authority?
, certainly no part of the judicial power of the
hountry was conferred on them, because the
= constitution expressly vests i5 Sin one su-
r'9reme court and such interior courts az the
, Congress may from time to time order and
, Establish, +" and it is net pretended that the
commission was a court ordained and estab-
, .'lsbed by congress
60 They cannot justify on the mandate of the
! President because he is controlled by law,
Isnd has his appropriate sphere of duty, which
. 's TO execute, not to make the laws; aad
iphere ls'no unwritten criminal code to which
\ aesort can be had as source of Jurisdiction. i"
!, out it is said that the jurisdiction is plete
4 finder the flaws and usages of war" 1t can
I ,erve no useful purpose to inquire what thoss
4 Jaws and usages are, whence they originated.
where found, and on whom they operate !;
yhey can never be applied 10 citizens in states
Il ,Thich have upheld the authority of the gov
il5rnment, and where the courts are open and
'heir process unobssructed. This court has
judicial knowledge that In Indiana the feder-
!. authority was always unopposed, and It's
.;ourss always open to hear criminal accuse.
lions and redress gieyanses and no usage of
var could sanction military trial there for
my offence Whatever, Of citizen in OWL
t1fe, In no wise contacted with the military
rsrvlce. Congress could grant no such DOW
sr; and, to the honor Of eur national lepis-
uature be IT said. 1t has never been provoked
W the state of the country even to attsrn+
us EXCISE. One of the plainess oonst;tr,
Sonal provisions, therefore, was infrinoed
i hen Milligan was tried by court no. ~
tainsd and established by congress, and no,
composed of judges appointed during good
behavior. Why was he not delivered to tbs
circuit court OF indiana, to be proceeded
against according to law
= NO reason of necessity could be urged
gelnst ii, because congress had declared nan
tics against the offences charged, provided
2Il'r their punishment, and directed that court
near and determine them. And soon after
s.is military tribunal was ended the circuit
3urt met, psaoefully transacted its business.
spd adjourned. 1t needed NO bayonets to
eotect it, and required no military aid to OK.