Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1867-06-29
VOL "."."N0. 40.

the law, the Act speaks in terms directly 70
them; but this does not relieve them from
their responsibility to tho President, nor docs
1T relieve him from the constitutional oblica-
tion imposed Upon him, to soc that all ssethS
I'iaSys be taithfal euted: 5833
s5caIis sscartel Bs scessary 10 cite 3a,ltI
ity Tor 30 plain proposition as this. Never.
.heiess, as we have recent decision coh,plete-
" IN point, may as well refer to it,
upon the motion made by the State Of Mis-
siss'ppi before the Supreme Court Of the Uni
bill against the President of the United States
to cnjoin him against executing the yery Acts
of CoEgrcsJ now Under consideration. Tho
oplplct of, the court Upon disl,issing that mo-
tlon-and it"seems to have been unanimous
was delivered BY tho Chief Justice. i
maze the following quotation from the opin
ion : Very different is the duty of tho
Prcs'dcnt IN the exercise of the power to see
that the laws are faithfully executed, and
among those laws the Acts named in the bill.
By ths irst of these Acts, he is required to
assign generals to command in the several
military districts, and to detail sufficient mill
tary force to enable such officers to discharge
their duties under the law. BY the supple
mentary Act, other duties are imposed on the
several commanding generals, and their duties
must necessarily be performed under the su-
pervlson, of the PrcsiGtns rs comn,andcr-in-
chief The duty thus imposed on tho Prcsi-
dent IS in no just sense ministerial. 1t is
purely executive and political"
Certain questions lave been pronounced
from one of these military districts touching
the construction of the power of the military
commander to constitute military tribunals
Tor the trial of offenders, which T. will next
consider
Whilst the Act does not in terms d;sn1ooo
the regular crih,inrial courts of tho State. it
does give tho power tb the military command
CT, when; ia Ibis jddg gmcnt, necessity arises.
to take the c'adm7histtati6n of the criminal law
into his o%b hands, 'ahd to try and punish Of
tenders by means of military commissions
In giving construction to this power NO
must not forget the recent and authoritiyc
exposition given by tho Supreme Court of the
United States as to the power of Congress to
citizens 'n the iine 81 6f'fbsRs bsaRssd, ff fSa d
phatic declaration as to which there was no
dissent or difference of opinion among tho
judges, that sIcha power is not warranted by
the Constitution A single extract from tho
opinion of the minority, as delivered by tho
Chief Justice will suffice. eve fyno means
assert that Corsrcss can establish and apply
the laws OF VIII where no war has been de-
clarcd or oxists:: Where peace exists tho
laws OF peace, must prevail. What we do
maintain is. that when the nation is involved
IN war, and some portions of the country are
invaded, and all exposed to invasion, it is
within the power of Congress to determine in
what States or DISTRICTS such great and immi
ncnt public dhngey.cxists, MS iuStiGcs the au
thotization of militry tribunals for tho trial
of crimes and offences against the discipline
or security Of the army or against TIC public
safety"
Limiting myself here sin!t;'y to the CON
structlotl' Of this Act Of Congress, and to tho
question in what way it should be executed,
| have no hesitation in saying that nothing
short of an absolute or, controlling necessity
would give any color Of authority for arraign-
ing citizen Before a military commission
person charged with crime in any of these
military districts has rights to be protected,
rights tho most sacred and invioablc, and
among these the right Of trial by jury, accord
ing to the laws Of the land When citizen
is arraigned before ami1itary commission on a
criminal charge lie is no longer under the pro-
lection Of law, nor surrounded with those safe
guards which are provided in the Constitution.
This Act, passed in a time of pcacc, when
all the courts, State and Federal, orc in the
undisturhed exercise Of their jurisdiction, au
thorlzes at tho discretion of military officer,
the seizure, trial aid condemnation of tho
citizen The accscd may be sentenced to
death, and tho aahtcnce may be executed,
without Indictment, without counsel, without
Jury and without n judge. A sentence
which forfeits all the property Of tho accused
requires no'approval If it affects tho liberty
of tho actdscd it requires the approval of tho
ce.onlhaanding general; and if it affects his
life, it requires the approval of tho General
and of the President. Military and executiye
authority rule throughout, in the trial, tho
sentence, and tho executions No haJcns
co'p"s from any State court can be invoked:
for this law declares that "all interference.
under color of State authority, with the OK
crcisc OF military authority, ander this Act.
shall be null and void -
repeat it; that nothing, short of an aLso-
lutte necessity can give any color of authority
to military commander to recall into exercise
such power. tits a power, the exercise Of
which may involve him and every ono con.
ccrncd in. the gsaxcst responsibilities. The
OCCASION for it's exercise should be reportcd at,
once to- tho Executive for such instructions aa
may be deemed necessary and proper.
Questions have arisen whether, under this
power, these military commissioners can taxi
cogniaance of offences committed before the
passage of the Act, and whether they can tfy
and punish foracts notmadc crimes or offences