The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-06-17
7ENlNG Observation-Disclosures MONDAY JUNE H. 1857

sippi before the Supreme Court Of the United
States at s late term, for leave to Ole bill against
TIE President Of the United States, 70 enjoin him
against executing the very acts of Congress now
under consideration, the opinion OF the Court upon
dlsmissing that motion, and IL seems TO have been
unanimous, was delivered by the Chief Justice
make the following quotation from the opinion;
VERY diherentis the duty Of the President in the
exercise OF the power TO see that the laws are faith
fully executed, and among those laws the acts
named in the bill BY the first of these acts he is
uired to assign generals to command in the sew
eral military DISTRICTS and to detail sum cient mili-
tary force to enable such officers to discharge their
duties under the law. BY the supplementary act
other duties are imposed on the several command
ing generals, and their duties must necessarily be
performed under the supervision Of the President
as Commander i'm Chief The du.y thus imposed
on the President is in Just sense ministerial IL
is purely executive and political"
Certain questions have been propounded from
one of these military districts touching the con-
struction of the power OF the military commander
to constitute military tribunals for the trial of Of
tenders, which / Will next consider.
Whilst the act does not, in terms, displace the
regular criminal courts of the State, It does give
the power TO the military commander, when in
his judgment a necessity arises, to take the admi-
nistration of the criminal law into his own hands
and to try and punish offenders by means Of mill
In giving construction to this power, we must
not forget the recent and authoritative exposition
given by the Supreme Court Of the United States
as to the power Of Congress to provide for military
tribunals for the trial of citizens in time of peace,
and to the emphatic declaration as to which there
was no dissent OF difference of opinion among the
Judges, that such power is not warranted by the
OOn SttutlOn "A single extract trOm the ODiniOn of
the minority, as delivered by the Chief Justice will
suffice. 1--WE by no means assert that Congress can
establish and adply the laws Of war where no war
has been declared or exists Where peace exists,
the law Of peace must prevail. What we do main
tain is, that when the nation is involved Ia war,
and some portions of the country are INVADED and
all are exposed to invasion, IL is within the power
of Congress to determine in what States or districts
such great and imminent public danger exists as
Justies the authorization of military tribunals for
the trial OF crimes and offences against the dsci-
plne or security of the army or against the public
safety"
Limiting myself here simply 10 the construction
of this act of Congress, and TO the question in
what way it should be executed, have no hesita-
ton in saying that nothing short CT an absolute or
controlling necessity would give any color of au-
thority for arraigning citizen before a military
commission. A person charged with crime in any
OF these military districts has rights to be protect
ed, rights the most sacred and lnviolable, and
among these the right OF trial by jury according
before military commission on criminal charge
he is no longer under the protection of law, nor
vIded in the Constitution
This act, passed IN time of peace, when all the
courts, State and Federal, are in the undisturbed
exercise of their jurisdiction, authorizes, at the
discretion Qf military officer, the seizure, trial
and condemnation OF the citizen. The accus sed
may be sentenced to death, ana Vne sentence may
be executed, without an indictment, %.InVWg VV"h-
sell without jury, and without Judge. A sem
tence which forfeis all the property OF the accused
requires no approval. If It affects the liberty of
the accused it requires the approval Of the COM
manding general and If it effects his life It re-
qures the approval Of the general and Of the Pre-
sident. Military and executive authority rule
throughout, in the trial. the sentence and the exc
cution. No hGbeds corpus from any State court can
be invoked; for this law declares that sail inter-
ference, under color OF State au;noritv with the
exercise of military authority under this act, shall
be null and void"
repeat it, that nothing short OF an absolute me-
cessity can give any color of authority to mill
tary commander to call into exercise such power.
1t is power the exercise of which may involve
him, and every one concerned, in the gravest re-
sponsbiitiee. The occasion for its exercise should
be reported at once to the Executive for such in
structions as may be deemed necessary and pro-
per.
power, these military commissioners can take
cOgniZance of offences committed before the pas
sage OF the act and whether they can try and pun
ish for acts not made crimes or offences by Federal
am clearly of opinion that they have no iuris-
diction as to either. They take cogniZance Of
took effect. Inasmuch as the tribunal to punish
and the measure or degree of punishment are es-
prospective, and not retroactive. Otherwise it
would take the character of an e1 post fdctO law.
Therefore, in the absence of any language which
gives the act retrospect, do not hesitate to say
it cannot apply to past offences.
There is no legislative power given under this
military bill to establish new criminal cede The
authority given is to try and punish criminals and
offenders, and this proceeds upon the idea that
crimes and offences have been committed; but no
person can be called a criminal or offender for
doing an act which, when done, was not pro-
hibited by law.
But as 10 the measure OF punishment, regret TO
be obliged to say that 1t is left altogether the
military authorities, with only this limitation, that
the punishment to be inflicted shall not be cruel or
unusual The military comission may try the ac-
cused fix the measure of punishment, even to the
penalty of death, and direct the execution of the
sentence. 1t is only when the sentence affects the
"ife liberty" of the person that 1t need be ap-
proved by the commanding general, and only in
cases where IL effects the life of the accused that 1t
needs also the approval of the President.
As to crimes or offences against the laws of the
United States the military authority can take no
cogntzance of them, nor in any way interfere with
the regular administration of justice by the appro-
pirate Federal courts
In the opinion heretofore given upon other ques-
tions arising under these laws gave at large for
your consideration the grounds upon which my
conclusions were arrived at, intending thereafter
to state these conclusions in a concise and clear
summary. i now proceed to execute that pur-
pose, which is made especially necessary from the
confusion and doubts which have arisen upon
that opinion in the public mind, caused in part by
the errors Of the telegraph and the press in its pub
cation, and in part by the inapttude OF the gene.
raj reader to follow carefully the successive and
dependent steps OF protracted legal opinion,
Summary.
WHO ARE ENTITLED TO REGISTRATION.
I. The oath prescribed in the supplemental act
defines all the qualifications required, and every
person who can take that oath is entitled TO have
his name entered upon the list of voters.
2. The board of registration have no authority to
administer any other oath to the person applying
for registration than this prescribed oath; to
administer any oath to any other person, touching
the qualifications of the applicant, the falsty Of
the oath taken by him. The act to guard against
fasiy in the oath provides that If false, the per-
son taking 1t shall be tried and punished for
perjury.
hcations Of the applicant or entering upon any
trial or investigation OF his qualifications, either
by witnesses or any other form of proof
3 As to citizenship and residence.
The applicant for registration must be citizen
of the State and OF the United States, and must be
a resident of county included in the election dis
triet He may be registered if he has been such
citizen for period less than twelve months at the