The Pulaski citizen. [volume] (Pulaski, Tenn.) 1866-current, 1867-01-11
Tbe Effects of the Great Decision.
G. G. ABERNATHY, Sec.


The Supreme Court of the United States
in its decision in December last, said:
The great minds of the country have diff
fered on the correct Interpretation to be Civ
en- to various provisions of the Federal con-
stitution; and judicial decision has been
often invoked to settle their true meaning;
but until recently no one ever doubted that
the right of trial by jury was fortified in
the organic law against the power of attack.
It is now assailed; but, if ideas can be ex-
pressed in words, and language has any
meaning, this right-one of the most valu-
able in a free country-is preserved to every
one accused of crime who is not attached
to the army or navy, or MALTA In actual
service.
The sixth amendment afirms that Gin all
| criminal prosecutions the accused shall en-
JOY the right to a speedy and public trial
by an impartial jury" language broad
enough to embrace all persons and cases.
The disoipIin necessary to the efficiency
of the army and navy required other and
swifter modes of trial than are furnished by
the common law courts; and in pursuance
of the power conferred by the constitution,
Congress has declared the kinds of trial,
( and the manner in which they shall be con-
Quoted while the party is in the military or
naval service. Every one connected with
these branches of the public service is
amenable to the jurisdiction which Con-
gress has created for their government, and
while thus serving, surrenders his right to
be tried by the civil courts. All other per-
sons, citizens of States where the courts are
open. if charged with crime, are guaranteed
the inestimable privilege of trial by jury.
This privilege is vital principle, uuderly-
ing the whole administration of criminal
justice; it is not held by suffrauce, and
cannot be friuered away on any plea Of
State or political necessity.
This language clearly enunciates the
great principle of the right Of trial by jury,
and the argument of the opinion conclusive
ly establishes it as the irrepealable law of
the land, and refutes every cavil and quib-
BILE by which it is sought to be denied. It
deprves the officers and agents Of the Freed.
mems Bureau of the judicial powers grant
ed to that establishment by Congress.
The people who are subjected to the oper-
alton of that species ofmilitary commission
are citizens; war does not exist in the re-
gion where it holds sway; the civil courts
are open; the processes of the law are I'M
INSTRUCTED. Every condition exists under
which, as the court declares, the constitu-
ton says the citizen can claim to have his
cause heard by an impartial jury of his
peers. The application of the principles
laid down by the court to this colossal i'm
position is perfect, and entirely sweeps
away its chief revolving feature.
The celebrated military order known as
''No a" also falls before it. No civil Off
Ger has the power to arrest and detain a
citizen for an alleged offense against the
law without due process and commitment;
and the military power cannot assume that
the civil authority is derelct and do this ia
time of peace, under the plea of military ne
cessity. This, if we correctly understand
it, is the spirit and intent of that order. Ii
also secures Jefferron Davis against the ven.
geance of ga court organized to convict -
It does all these special wholesome things
and asserts anew for every citizen one of the
most inestimable privileges of free govern.
ment-the right to speedy, public and i'm.
partial trial, when charged with violation o
law.
These are some Of the important future
effects of this decision. 1t would seen
equally clear that it annuls the judgment o
Illegal military courts heretofore made; anC
that its retroactive effect would legitimatelJ
remand every case which has not passed
beyond the jurisdiction of temporal tribu
nails, to the regular civil courts Of the coun
try to be tried upon its merits, and by tn,
accepted rules of eyidence.--U. d Dispatch