The Camden journal. [volume] (Camden, S.C.) 1866-1891, 1867-01-18

i 1sSe53.U3 aas I'LL .0lluthe process unohStruc,
ted This court has judicial kno2l-
edge that in Indiana the Federaf:au-
thoritY was always llna-;s:.sasi j. -.
nal ACQUISITIONS and redress grisWTanc 81 nces::
,andn usage Of war could sanction .
military trial there for any offence
whatever of a citizen m.civil life, in
no wise connected with the military
service. Congress could grant no
such power and, to the honor Of our
national legislature be it said, it has
never been provoked by the state Of
the country even to attempt its exer-
else. One of the plainest constitu-
tional provisions was therefore, in
Eh:inged when Miligan -wass tried by.
a court not ordained and established
by Congress, and not composed of
judgs appointed during good beha-
.vior. Why was he not delivered to
the CIRCUIT, Codrt ef Indiana, to he
prodeeded against according to law !?
tNo.reason of necessity could be
urged against it, because Congress
had declared penalties against theof-
fences charged, provided for their
punishment, and directed that court
to hear and determine them. And
soon after this military tribunal was
ended the Circuit Court INST, peace
fully, transacted its business, and
adjourned. It needed no: bayonets
to protect.it, and required no military
aidto execute its judgment. 1t was
held in a State eminently distinguish
ed for patriotism by judges commits
stoned during. the rebellion, who were
provided With jdries, upright, 'iptelli-
gent, and selected by marshal ap-
pointed by the President. The Gov
ernment had no right to conclude
that Milligan, if guilty, would not
saaaiiaa II At. mont as;inish.
mcnt f0r It's records disclose thafi
was constantly engaged in the trial
of similar offences, and was never in
tcrruptcd in its administration of
criminal justice. If it was danger
GUS in the distracted condition of af-
fairs to leave NIilligan unrestraincd
of his liberty because he g conspircd
against the Government, afforded aid
and comfort to rebels and melted the
people to insurreetion," the 7a'c s;lid
arrest him, >confne him closely, rem
der him powerless to do further mis-
chief, and then present his case to
the grand jury Of the district, with
proofs Of lis guilt, and, if indicted,
try him according to the course Of
the common law. If this had been
done, the Constitution would have
been yindicatcd, the law of 1863 en-
forced, and the securities for person
al liberty preserved and defended.
Another guaranty Of freedom was
broken when Millisan was denied Il
trial by jury. The great minds Of
tho country have differed on the cor
rect Interpretation to be given to va
rious provisions of the Federal Con-
stitution; and judicial decision has
been often involved to settle their true
meaning; but until recently no one
ever doubted that the right Of trial
by jury was fortified in the organic
law against the power of attack. 1t
T.; ,,oV assailcd, but, if ideas can be
expressed in words, and language has
any meaning, this right-onc Of the
most valuable in a free country-is
preserved to every one accused OF
CTTlHU T1U IS 11UJ Ttr;gCt1ct 70
or navy, or militia in actual service.
The sixth amendment affilms that Gin
all criminal prosecutions the accused
shall enjoy the right to a speedy and
public trial by an impartial jury, .
language broad enough to embrace
all persons and cases; but the fifth,
recognizing the necessity of an i'll
dictmcnt, or presentmcnt, before any
one can be held to answer for high
crime, "erccpts cases arising in the
land or naval forces, OF i'll the militia,
when in actual service, in time of war
or public danger; and the trainers
of the Constitution doubtless meant
to limit tile right of trial by jury, in
the sixth amendment, to those per-
sons who were subject to indictment
or prcscntmcnt in the fifth.
The discipline necessary to the Ct
fciency of the army and navy req'lr;
ed other and swiftcr modes Of trial
than are furnished by the common
law courts; and, in pursuance of the
power conferred Try the Constitution.
Congress has declared the kinds Of
trial, and the manner in which they
shall be conducted, for offences com