The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1867-06-26

executing the very Acts Of Con
gress now under consideration, the
opinion of the court upon DISMISS
ing that motion-and it seems to
have been unanimous-was deliv-
cred by the Chief Justice. Lmake
the following quotations from the
opinion every different is the
duty, of the President in the -exer-
else Of the power to see that the
laws are faithfully executed, and
among those laws the Acts named
in the bill. By the first of these
Acts, he is required to assign gen
erals to command in the several
military districts, and to detail
sufficient military force to, enable
such officers to- discharge their
duties under the law. By the
supplementary Act, other duties
are imposed on the several com
manding generals, and their duties
must necessarily be performed
under the supervision Of the Presi-
dent as commander-in-chief. The
duty thus imposed on the President
is in no just sense ministerial. 1t is
purely executive and political"
Certain questions have been pro
pounded from one of these military
districts touching the construction
of the power of the military COM
mander to constitute military tri-
bunals for the trial Of offenders:
which I will next consider.
Whilst the Act does not in
terms displace the regular crimi-
nal courts Of the State, it does
give the power to the military
commander, when, in his,judgment:
a necessity arises, to take the ad-
miaistration Of the criminal law
into his own hands, and to try
and punish offenders by means OF
military commission.
: In. giving construction to this
power we must not forget the re
cent and authoritive exposition
given by the Supreme Court OF
the United States as to the pow
er Of Congress to provide for mill
taFy tribunals for the trial of citi-
zens in time Of peace, and to the
emphatic declaration as to which
there was no dissent or difference
of opinion among the judges, that
such a power is not warranted by
the Constitution. A single eX-
tract from the opinion ofthe minor
ity, as delivered by the Chief, JUS
tiee will suffice. ave by no means
assert that Congress can establish
and apply the laws of war where
no war has been declared or eN-
lists. Where peace exists the laws
of peace must prevail What we
do main tain is, that when the ma
ton is involved in war, and some
portions of the country are inva-
ded, and all l,are exposed to inva-
sion, it is within the power Of Con-
gress to determine in what State
or district such great and immi-
nent public danger exists, as Justl-
ies the authorization Of military
tribunals fer the trial Of crimes and
offences against the. discipline or
security Of the army or against
the public safety" ...
= Limiting myself here simply to
the constructors CT this Act Of
Congress, and TO the. question in
what way it should, be executed, |
have no hesitation in saying that
nothing short Of an absolute or
.eoutro.nng necessity would give
any color Of authority for arraign-
ing a >citizcn before military
commission. A person charged
with crime in any Of these militia.
ry districts has rights to be pro
tected, rights the most sacred and
invioIablc, and among these the
right of trial by jury, according to
the lawsof theIand,,. j. When a citi-
zen is arraigned beforuSa military
commission on a criminal charge
he is no longer under the protec-
tion of law, nor surrounded with
those safeguards which. are provi-
ded in the Constitution.
This Act passed in. a. time Of
peace, when all The courts, State
and, Federal, Hrc in the undis-
:turbed exercise of their jurisdic-
ton, authorizes, at the discretion
of a military officer. the. seizure;
trial and condemnation Of the citi-
zen. The accused may, be SEN
fenced to death, and the sentence
may be executed, without indict-
nent, without counsel: without a
jury and without ajudge. A sen,
tenee which forfeits all the prop,
erty of the accused requires no approval
lit affects the liberty of the accused il
.reo,,ires the approyalof the commanding
general; and ifit.afects his life, it re:
quires the approval'of the General ant
of the President. Military and exccn
tive authority rule throughout, in tht
trial, the sentence, and the executions
No habeas corpus from any State court car
be invoked; for this law declares that "al
interference, under color of State author
7ity, with the exercise Of military author
ity under this Act, shall be null ant
void"
Trepeat it that nothing short of an ab
solute necessity can give any color Of au
thority to military commander to cal
into exercise such a power |: is pow