Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1867-01-02
Illegally of Military Tribunals.

The Supreme Court OF the United States de-
cided some weeks since, in the case of Mill
gan and others, civilians tried and condemned by
a military court in Indiana, that their trial was
illegal. No report OF the decision of the court
was permitted to be published at the time, ant
we have refrained from commenting upon so
important decision thus far, hoping to see
the full text of the opinion ; but there is no
immediate prospect of the public being thus
favored.
Ii is understood that the Judges were agreed
50 far as the case before them was concerned,
that the court mad no jlrsdc;io holding hat
a military tribunal could not legally try per-
sons not in the military service, 10 places where
the courts were not obstructsd in The exercise
Of their functions. The Judges are reported
to have disagreed respecting what would
amount TO such al obstruction of the course of
justice in the courts TO give authority fer
courts marital to try civilians, although the
statements of these points of difference Is too
loose 10 be OF any value.
We are not surprised at this decision. Per
sons familiar with he Constitution and laws,
have never had any doubt that courts martial
when held in the states not IN rebellion, and
trying persons neither In the military or naval
service, were invading the most sacred const
tutional guarantee of the liberty of the citizen.
NJ ore than once during the rebellion we took
occasion TO enter our protest against what We
regarded the usurpation CT the functions OF
civil tribunals by the military power. We saw
in such proceedings disregard of the pislnest
provisions of the Constitution, and most dan.
gerous assault upon the rights OF the people,
all the more dangerous because the immense
military power at the disposal of the executive
rendered all resistance powerless, and frequent
ly made even the protest Of a friendly press
hazardous. We expe cted, when the excite ment
of the moment had cooled. and the people
could again calmly use their reason, that the
ancient safeguards of liberty would again be
established. and Justice be once more admins
tered under the heIter OF The Constitution
ard in the peaceful arena of the civil courts
and this decision of cur big hest tribunal brings
US to that I.er;od.
What the efftc oil tie decision viii be upon
the civiiian rs who have been t!itd by military
tiiDun ais, and arc now suffering the sentence OF
those tribunals, does not yet appear, tut we
see no reason why they may not be releass by
being brought before the courts on hateas cor
pus !; md doubtless this course viii be general
~ pursued. Tie President is TAXI sdvar-
tage OF the decision as fer as he can 10 prevent
the military from interfering VI it'll the sports of
that portion Of the south ern chivahy which
delight in the pasIime Of hunting and shoo-
ing negroes but While he may be t. chnicaiIy
right In turning ali such criminal. over 70 the
civil courts, he is guilty of crime almost as
great as usurpatiUn Of military IoVtr, BY slf-
feIing the Civil Rights act 10 be violated daily
and hourly, not only without the less, etiort to
enforce it, but, by bis own avowed hostility 10
it, and hs declaration that it is unconstitutional,
encou lsging the Re bells 10 openly disregard it.
We expect the President will be eager to give