American citizen. [volume] (Canton, Miss.) 1864-1890, 1867-01-05
RY TELEGRAPH.

WASHINGTON, Dee, 31.-In the
elaborate opinion of Mr.. Justice Da-
Wis against the constitutionality of
the trial of citizens by military courts,
the following paragraphs appear:
. 1t can never be, in this country Of
written constitution and laws, with a
judicial department, to interpret them
that any Chief Magistrate would be
so far forgetful of his duty as to or
der the execution of man who de-
MED the jurisdiction that tried and
convicted him, after his case was be-
fore the Federal judges with power
to decide it, who, being unable to
agree on the grave questions, i'll
volved, had, according to known
laws, sent it to the Supreme Court
of the United States for decision.
But even the suggestion is injurious
to the Executive, and we dismiss it
from further consideration. There
is, therefore, nothing to hinder this
court from an investigation of the
merits Of this controversy. The con
trolling question in the case is this:
Upon the facts stated in Milligan's
petition and the exhibits filed, had
the Military Commission mentioned
in it, jurisdiction legally to try and
sentence him? Milligan was not
resident of one of the rebelliOus
States, or a prisoner Of war, but
citizen of Indiana for twenty years
past. and was never in the military
or naval service ; is, while at his home,
arrested by the military power of the
United States; imprisoned, and, on
certain criminal charges preferred |
against him, tried and convicted and |
sentenced to be hanged, by a Military
Commission organized under the d.
rcCI,oY Of the military commander Of
the military district of Indiana. Had |
this tribunal the legal power and au-
thority to try and punish this man!
No graycr question was ever cOnsid-
cred by this court, nor one which
more nearly concerns the rights Of
the whole people, fer it is the birth
right Of every american citizen,
when charged with crime, to be tried
aud punished according to the law.
The power of punishment is alone
means which the laws have
provided, and if they are Intellectual
there is immunity from punishment,
no matter how great an offender the
individual may be, or hoW much his
crimes may have shocked the sense
Of justice Of the country or eAdan-
gercd its safety.
Judge Chase has refused q writ Of
habeas corpus in Dir. Mudd's behalf.
The agricultural report for DeCcm-
Der estimates the cotton produced,
at .7J0, 900 bales, Of which 5000 bales
are from North Carolina, 81 ,000 from
South Carolina, 100000 from GcOr-
ria, 20j, eco from Florida, 1861
from Alabama, 222,GO0 from Missis-
sippi, 270,0G0 from Louisiana, 1G9,-
300 from Texas, 100000 from Ark
lnSas, -, goo from Tennessee, and
l4S 800 from the other States.
MEMPHIS, Dee. 3I.-A dispatch
from Little Rock says that a revenue
collector named Brown, was waylaid
1t Duvall's BIatf on the night Of the
18th, shot through the jaws, robbed
If a gold watch and SIS, 900. His
is critical. lie had drawn
he money in Memphis. II is sup
,Os2l he was followed by robbers.
10 arrests have been made.
The body Of Capt James \. King,
0rmerly OF illinois, lately planting
near Greemville, Miss, was fo0nd in
/ canebraIsc last week. lie bad been
hot through with a shotgun. There
s no clue to the assassin.
This city is infected with thieves,
Who are daily becoming more bod.
ST.. LOUIS, Dee. 3l.-Ihe LegisIa-
We viii meet on Wednesday nrXt,
md will probably elect Drake-the
uthOr Of the new Constitutional.
!. Senator.
The Goycrn0r'smesSage takes high
tddical ground in favor Of universal
u!lragc, with amnesty on certain