The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1867-11-15
THE BAsT1LLE BUSINESS.

IT has been suggested that Il eonven-
tion of those Illegally imprisoned dur
ing the Lincoln reign be held on the 22d
of February next, for the purpose OF
concerning some measures oGrodrcss, ANA
drawing up a catalogue of loyal out
RACES to be published in form of solemn
manifesto to the world. Already sever
al communication haveappcarcd upon
the subject-one of ability in these col
mns-and the probabilities are strong
ly in favor of the convention being held.
In such case its manifesto will be read
with interest by all who hate oppress-
ion. Imagine Garibadi twirling his
rrizzled mustache over it. Abroad,
too, as one wrong is pretty sure to bring
another in its train, 1T may lead to a
new prejudice against republicanism,
but here, where we understand the
matter better, will arouse, If we do not
mistake, very sufficient wrath against
these "loyal" doctrines, which, like
the word ITSELF cannot co-exist with a
true republic.
But, to return to the subject matter OF
this convention, it may be stated that
Mr.. Justice Miller, of the United States
Supreme Court, has just decided that
while Congress may protect official per-
sons against prosecution by an act OF
indemnity. there is no power in that
body to validate the unlawful acts OF
such persons. In two words, therefore,
while the "loyal" punisher may be safe,
the "loyal" punishment is altogether
null and void. Thus if fine has been
inflicted, that fine may be recovered
though those inilcting may not be
amenable for its imposition. The cum
ming act, therefore, of March of this
wear, whereby Congress sought to pro-
tect its ban-dogs, as well as validate
their deeds, is of doubtful avail as to
the protection and of no value whatso-
ever as to the legalization. Hear Mr..
Justice Miller upon the matter: "As
" to this point" (validation) "the law
Z" is unconstitutional, undoubtedly so.
" No clearer case of an &c post .tdcto law
"could be framed-its effect is to hold
ain confinement men for offences not
punishable by any law at the time of
"their commission, and to detain them
ain servitude imposed by court
(which had no jurisdiction to try
"them.r
Mr.. Justice NJ, being of very pro-
nounced Radical politics, the fact of his
having thus decided is very fair evil
dence that his view of the case would
be sustained in the Supreme Court on
full bench. And whether so sustained
or otherwise, the fact now is that the
Justices decision as above quoted in
petto Ito be found in full in the matter
of VIM. Murphy, is the law of the
case, and that at this moment any man
held at hard labor, or imprisoned, or
lying out of his money, as having been
fined, or in any other way under pains
otherwise than by sentence of law full
court, is under such pains without any
warrant therefor, and is entitled to i'm
mediate release, we, therefore, nave
it to trust that the President will forth
with order such an investigation into
the records of the Bureau of Military
Justice" and other pestiferious loyal
ism, as may reveal the names and
whereabouts Of all persons held "by
authority" with the specific warrant in
each case of such detention. 1t is true
that in the whirl of events that have
sublimed a turnkey into martyr, there
has been very general Jail delivery of
those wrongly held, but still it may be
that there are some drum-head senten-
ces in force, and were it only one man
who suffers, his case demands immedi-
ate relief Let us have the investiga-
TONY. y. World.