Weekly New Oregon plain dealer. (New Oregon, Howard County, Iowa) 1866-1867, 1867-01-11
'AinAY, JANUARY II, 1857.
E~,c snprefr2 Caarc Against
Radicals and military
Tribunals,

inc military trl4lS q the 2lieCc
Indiana conspiTators. has create! A
terrible commotion among the habit.
ual violatcTs Of law, in and GU; Of
Congress.
A careful examination Of the de-
cisios. SIS We and it in ou- exchanges.
shows the following points 20 have
been fully decided BY The unanimuus
opinion f all The judges:
1T That civilians cannot be .ricu
by military tribunals, when and
where the United States Courts are
recognized and in operation.
en'! That She military Of the
United States has at present 10
legal coa;ro! over the action Of the
s.1,I sa.svIItIcs N $ne Sou.tern
S:a:sA
Upon these swo propositions tse
Judges all concuwed. On the third
point in the ease, they we're divided.
1--WE, of the nine, sustaining the
opinion rendered.
Ord that Congress mas no power
- grant jurisdiction 70 tie military
courts, over the civil courts VII ere
the civil courts are IN u2G:sturtel
operation.
On this poiLt the minority held
that Congress possesses the power
to grant jurisdiction to the military
over civil courts, bu. al the Judges
concSrrcd il tae opinion that Con-
gres had never used the power; it is
therefore, as to all practical results
the same as though Congress
did not possess the auth,r;ty
a. al. The minority however held
these military commissions utilities.
because not authorized " an exp1css
law Of Congress; or the contrary
Congress ASA, after the irzt cut
break otpopulsr Indignation, against
military trial. for ciri::2rs, parsed
law repairing then. to b. turned
ever 70 the civil authorities. Hence
the minority, as we'll as the MAORI
=, decide virtually ac2ias: such
tribunals, and II favor If the dis
charge Of the prisoners The ma.
isrity, because the trial Was unco@.
vas unauthorized b. : Law Of Coz
S:sss, thus assuming TIA! that BODY
could, b. lsw, have provided for
aac- trials. The minority are
wiling to release those tried with
nn: law; but they al5o want TO rrc-
t;c: these til: .gicl them. And
tire, again comes in their doctrine
c: necessity-a party necessity.
toT il ihese trials ar. uncousti.u-
SIGNAL, those having been engaged
N them are liable to punishment by
the Courts Of the country, ana II IS
nov TOO LATE FOR CONGRESS TO
AFFORD THEM Any RELIEF, as the
Constitution prohibits the passage
II ~ Posr FAcTo laws by. :hs, body,
II Congress could authorized such
Trials, "a supposed by sou:o, then it
mig: indemnify those who acted as
"cc@.ts," il carrying them on;
but the. forget that the citizen is
protected by II: Constitution, ana
:!at Congress is powarlesa 70 help
nc prosecutors fthe people BY any
law j; may4ass, before o. after the
holding Of these mock tribunals.
If the Constitution, after proyi-
.:ng for :. trial only by jury, and
only for arrest by due process Of law
IN al cases, except those arising il
tie land and naya! forces, and in
tic militia. when SD IN actual
syrvice, had provided al4o, that
Congress should have the po~s-. i'll
order 70 protect the land and naval
eorcca, to order BY law, the trial Of
civilians by military commissions
without due process Of la~, and
without jury, the minority would
then have had some shadow Cf Con
situ.ional authority for dissenting
opinion, If the Constitution meant
thar civilians mi ght be tried by
Courts Martial. why didn it say
80, instead Of securing to citizeHs
the right oftrial by jury, and speci-
flying exceptions that den't apply to
s'.en, by any rule or interpretation
e law
The minority Of the court seem to
fave held that Congress has the
power to dispense with the Consti-
sutton in time Of war, in places de-
N'l,,,