The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1867-01-10

SfeeS db0ffSn tie ttu i4ieitte 60Qft. 1t is
the only check on their lawless proceed
ings.
z4ssaaf5t tpoR Ire saa2reaae Court.
Many months ago, says the 6zSrezdaa
P1dfadegksf, the fact was announced
that in the case OF l.. P. Milligan, of
Indiana, the Supreme Court Of the Uni
ted States had come to the unanimous
decision that the trial c. e. rs By
military tribunals within me states
where the civil courts were unobstrac-
ted,W in violation Of the Constitution.
Notwithstanding the fact that this de-
cisien was known to have been made,
some Of the Radicalleaders seem 10 have
INDUCED confident expectation that
itWould bereconsidered and Withdrawn.
Hence their present DISAPPOINTMENT is
terrible. Foaney aad his associates are
frantic. Because the Judges Of the Su=
preme Court refuse to interpret the con-
stitutioa 50 as to suit tue views Of e.
tremeists, they denounce the Court as a
nest Of treason. Referring to the decis-
ion, Forney's Washington Chronicle
says:
"1t THE decision can scarcely fail to
shock the sensibilities and provoke the
severe reDuke Of loyal men everywhere.
| The eXultation Of the I1el{igeace5' over
it will awaken a .ubilant echo through
out rebeldom, and the hearts Of traitors
will be made glad by announcement
that treason, vanquished upon the bat
tie field, and hunted from every other
retreat, has at last found a secure shelter
in the bosom of the Supreme Court
Those who compose the Suprer 10
Court, it may be well to remember, are
over one holt appointees Of Mr. Lincoln.
The Judge through whom the opinion
of the Court was delivered, was the
innate personal and political friep 4 =,
Mr.. Lincoln, and is the executor of bis
estate. The fact that they wer1 annoin,
ted by Republican Preside, A. should
in the opinion of some of + No Radicals
have induced the judy es Ia Owe =,
their carefully forme ID opinion and
adopt that of men who are ready +
place upon the G 1nsfifufion vhafevo,
Interpretation III ay be needed to justify
thelf aets. so' ne one telegraphing from
washington to Forney's Press says:
"A :. ais' .inguished statesman, com
niellihS Upon the recent decision of The
puplglp Court declaring military tri
puiialss unconstitutional, characterized il
as tp tail Of the bred Scott serpent still
VIZ 55gling in the present generation,
a nd it has done almost as much 10 BRING
.he Supreme Court into disrepute as
that great judicial outrage. That ii
will encourage treason and traitors all
over the South is generally apprehen-
ded. There isa profound sense ofshame
that this astounding and humiliatine
announcement should be made 10 the
world through Mr.. Justice Davis. This
distinguished jurist was the trusted and
bosom friend OF Mr. Lincoln, and should
pc among the most earnest guardians OF
his fame. He is the executor OF his es-
tate, and received the high office he
holds from his hands; and Vet we now
find him Standing over his crave and
declaring, in OBJECT, not only this, his
own faithful friend and the nations
martyr President, was IA felon and an
outlaw iii his llsurpations, but that even
the officers Of the Government who Si9,-
ed IL Furnishing his marderers arc 1aeln-
selves mHfdefefs for having done Sc.
Such would seem to be an inex8rable
sequence from the decision as reB8rtaa.u
Much OF the above is simply rant and
has no claim to the respect which + due
10 argument. It is not true thai tha=ala.
csion says Mr. Lincoln was IA outlaw
and leop. Il hoias Chat iii some Of
his important acts, he was guided by in
correct advisers and was not justified bv
the authority Of the Constitution. ne
make this grave decision, was certainly
nosource Of delightto the Court, for Two
thirds Of its members were the personal
and political friends ofthe deceased. and
the lnionism of the others was not
doubted thrGughoutthe war Yet these
Judges, lor falling t. endorse clear end
palpable violations Of The Constitution.
are now threatened with Radical ven
seance With significance not 10 BE