The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-01-04

49,
iisaAun 4 alITAay mas -Anoruf1 aaEh esRss
Uaised ssases Diserics Csurs Or Delaware.
OPINION or JUDGE HALL
ne Usied States % TAs 0o~mandass Of Fort Dets.
w~a-Habeas corpus for Francis Gains ssovsrz James
Crawford Keys Robert Keys and Elisha Birum. prison.
ers alleged to be detained 80, issued November o.
1853; return and hearing November l6 Opinion do
hvered November II, and judgment Pratt United
ssaess DISTRICT Attorney, and Booth for Conn andant;
rompkins and 7. ,. Bayard for prisoner.
Judge HallThe oommAndant Of the fort has returned
the writs producing the bodies Of the prisoners and
certifying ~ the cause Of their imprisonment and deen-
ton that they wep aaigned and tried before Military
commission conveyed q Charleston, g. c., BY virtue a
special orders IRON the headqaartsn Of the Department
Of South Carolina dated December 20 1885, az which
commission Major General Charles Dsvsns was Prssi-
dent charges md specifications (subs,analy thal
they, the pisoa1 actsatsd By hosily % u United
states and with intent 70 oppose Tie military forces e
the United Staees on the 9Th Day Of October.
1885, Browns Ferry, Andsson District South Caro-
lima, while martial law was In force By authority
voluntarily associate with IN armed band, and sos
ing Herewith, with unlawful force attack and overcome
certain and On dS sc.e F
United states. Commander ia Chief OF lhs Army and
Navy Of tho United States. and kill By shooting sitA
Slider. & s ssS e. ss
IL s s s s is q s
sssy g The corporal seS 2rys.s nsiSrs NAMED ,s :. sss
cations pleaded not guy; and thsreSpon before me
oners convicted and sentenced 70 b. hung Nat the
sentences we're approved By the eomnanding, major
eument for lis ID the State Prsson e CosaOrd Il,
upon the unanimous recommendation Il The members OF
the commission that afsrvards, 2oth Of july 1885, The
President of the United States to mprsonSnt for e
at Tortugss, and they scnt By his order 70 Fort
tue Major Genera q Se q
Florida, under instructions from tho War Department,
in custody Of tho commandment The prsonss are held
under lhe sentence OF the Military Commission
mu.ed es sec forth In the return They dd not belong
zens, three OF South Carolina OF Georgia This ap
pears BY the return II Insisted their behalf that
tho return does not show sufficient cause FOR their inn
prisoamen and detention, but that the proceedings
lied pon for tins purpose are an oppressive and arbitrary
Ds e a ,ss as ~ Ss dSs. s s sos
iartaly administered without respect 70 persona ac
cording TO- the oath required Of the judges suer the
original; the force from the commission Tho question
ss IN s
be said the subject lam obliged % the counsel
for their elaborate arguments exhibitings as l
Of tho Military Commission 70 arraisn ~ ana
sentence the prisoners on the charges and
alton, the commission had jursdiciion. the proceed
ugs are conclusive; II they had not the proceedings
commission the case OF the King va John Suddis Iss
East 500 has boon adduced for the admission Of Mr.
Eskne in the case that the absence Of all OWL judca
try MIA
condition Of South Carolina just after the OF the
rebellion Afforded ground to presume Me absence OF all
OF which the court must talks notice. DO moi permit this
presumption The rebellion had ceased and the author
that on the soh june 1855 the Presidents procIa
nation was issued. appointing provisional Governor.
ne ss s toe e tho
tonal relation 70 the United States directing that tie DIS
rcs Judge for the district in which South arolina Is In
Guided proceed 70 hold courts within said State cerding
70 The provisions Of the acts or Congress- and that the
Attorney General instruct ne proper ofncers 70
o' Sao 0ss GO aad sae,o. s.
administration Of justice WITHIN said State ii al matters
within the cGs1isncs aud Jurisdiction q she isders
institutions OF the State In operation governor Of
tho State was chosen BY me people and be entered
governor. having fulfilled hts ofce was relieved Dec m
Der a. 1865 SO that before the issuing Of this commis
exercise Of its civil funcsions Besides d The Commits
sion had been issued because Of the Absence OF cvn
judcasure % take cogHisAnces q the offences would.
indeed must have boon 80 Suggested Ia some part Of the
proceedings and thers beng such suggestion evinces
Thorn was no such ground for the military commission.
give jurisdiction TO q authorize military commission
% arraign, try and sentence however, the military may.
ing for The proper judcsuro The place IL The case In
RSst, TO which Mr. Erskine,s admission applied,
was Gibraltar distant military iN,S garrison wholly
Aexoo has been referred %. Mexico was foreign
CONQUERED country, without lU., The pale q oar
known, subnsated south Carolina ssais q The Unioa
rescued from REBELLION its laws and institutions restored.
YER AS 1854 have been cited Is giving jsrtsdicssa
These aces have purpose clearly apparent he a0s
sSssss %. q ne
Of military commissions or courts martai-not 70 extend
the Jurisdiction OF the courts The commission derives
thing Tho ground on which tots military commisos
proceeded appears upon the face OF the charges and spo
guard u he forces q he United sses and dSy en-
listed soldiers Of the United States duty guard
The assumption is that Tor alleged casness sssinss
and duty and enlisted soldiers duty sch guard,
IL u competent 70 issue military commission FOR the
Of the 4 as.umption being THAI fos. alleged
offences by citizens against soldiers In tho regu
BE- tho judges This grunnd and assumpuon sppsam 70
b neither logical nor legal Ineo small body. COM
parative As the army 90 associated and with 60 much
nos allow us to expect impartial justice n csss Of COL
lson with citizens while the broad ground of citxcn
ship not Liable 70 such objection This aspect Of the
cass exhibits nothing favoring tnai BY mfnafy com
mission Of alleged offences BY citizens against sdics.
Z Ss 4
trial Ours Is government Of laws tDational and
STATED This is les distinctive character the slsmeni q
its freedom constituting NEUTRALITY-SUSPICIOUS. s perms
hence. The fundamental principle which rests the
exception 10 the cause Of imprisonment and detention
forth In tho has down from remote
times enpobng in patriotic estimation the mos whe
have asserted It and exans In history the generations
In which Il has been maintained. With the generai
principles Of freedom II had specially occupied tho
minds OF the extraordinary men raised up IN the
period commencing with the hrst settlements q this
country and extending 70 the cstsbment Of our national
government and putting into successful actsons Il led
70 our revolution, gave Ats form and spirit and a
out or ~ II was diligently studied under iustructive
experience and carefully framed and embodied lin tho
organic laws OF the States and the Union; the conven
tons OF the people adopting the last oxacng that the
explicit assertion OF this principle should be added 70
We read Il thus established NO person shall b.