Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1867-01-10

needed no bayonets TO protect il, and
required no military aid to execute
its judgments. 1t was held in State
eminently distinguished for patriot
ism, by judges commissioned during
the rebellion, who we're provided with
juries upright, intelligent, and select
cd by marshal appointed by the Pres
ident. The government had no right
to conclude that Milligan, if not guilty,
would not receive h that court meri-
ted punishment, fcr rs records disclose
that il was constqhlly engaged in the
trial Of similar off tases and was never
interrupted in iisAednsinistration OF
criminal justice. Fit was dangerous
in the distracted condition of affairs 10
leave Milligan unrestrained Of his lib
erty because he conspircd against the
government, afforded aid and comfort
TO rebels, and melted the people TO
insurrcction, the law said arrest him,
confne him closely, render him pow
erless TO do farther mischief, ana then
present his case TO the grand jury of
the district with proofs Of his guilt,
and, if indicted, try him according to
the course Of the common law. Ii
this had been done, the Constitution
would have been vindicated, the law
Of 1868 enforced, and the securities
for personal liberty preserved and do
Tended. Another guarantee Of free
dom was broken when Milligan was
denied a trial by jury. The great
minds Of the country have differed
upon the correct Interpretation to be
given to various provisions of the Fed
eral Constitution, 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 ia the Or
ganic law against the power of attack
1t is nOio assailed, but if ideas can be
expressed in i1ords, and language has
any meaning, this right--one of the
most valuable in free country-is
preserved 10 every one accused of
crime who is not attached to the ar
my or navy, or militia in actual ser
vice. The sixth amendment afiirms
that in all criminal prosecutions, the
accused shall enjoy the right to a
speedy and public trial by an impair
tial iury-languago broad enough TO
embrace all persons and cases. But
the fifth, recognizing the necessity of
an indictment, or prosontment before
any one can be held to answer for
high crimes, except cases arising in
the military or naval forces, or in the
militia when in actual service in time
of war or public danger. And the
trainers of the Constitution doubtless
meant to limit the right of trial by
jury, in the sixth amendment, to those
persons who were subject to indict-
ment or presentment in the fifth.
The discipline necessary to the eff
cency of the army and navy, required
other and swifter modes Of trial than
arc furnished by the common law
courts; aud in pursuance of the pow
er conferred by the Constitution, Con-
gress has declared the kind Of trial,
and the manner ia which they shall
be conducted, for offonses committed
while the party is in the military or
naval service. Every one connected
with these branches Of the public ser
vice, is amenable TO the jurisdiction
which Congress has created for their
government, and while thus serving,
surrenders his right TO be tried by the
civil courts. All other persons, citi-
zens of States whore the courts are
open, if charged with crime, are guar
anteed the inestimable privilege OF
trial by jury. This privilege is a vital
principle, underlying the whole ad-
ministration Of criminal justice. tits
not held by suffrance and cannot be
frittercd away on any plea of political
necessity. When peace prevails and
the authority Of the government is
undsputed, there is no difficulty Of
preserving the safeguards of liberty,
for the ordinary modes OF trial are
never neglected, and no one wishes il
otherwise But if society is disturb
cd by civil commotion-if the passions
of men aroused and the restraints of
law weakened, if not disregarded,
these safeguards need and should re
ccivo the watchful care of those in
trusted with the guardianship Of the
Constitution and laws. In no other
way can we transmit to posterity un.
impaired the blessings of liberty con.
sccratcd by the sacrifices Of the Rev.
olution. IL is claimed that martial
law covers with its broad mantle, the
the proceedings OF this military com.
mission. The proposition is this =
That in time of war the commander
of an armed force, il in his opinion
the oxigcncies Of the country demand
il, and OF which ho is TO Judge, has
the power, within the lines Of his mil.
itary district TO suspend all civil rights
and their remedies were subject-cit.
izens as well as soldiors--to the rule
Of his WiH, and the exercise Of his law.
ful authority cannot be restrained, ex
ccpt by bis superior officer or the
President Of the United States Il
this principle is sound TO the extent
claimed, then when war exists, foreign
or domestic, and the country is sub
divided into military departments, foi
mere convenience, the commander oI
one Of them can, il he chooses, within
the limits, on the plea Of necessity
with the approval Of the EXECUTIVE
substitute military forco for and 10 The
exclusion Of the laws, and punish all
persons as he thinks right and proper
without fixed or certain rules. The
statement of this proposition shows
its importanee; for if true repnblicar