New-York tribune., 1867-01-01

2 "A -4f.If nF
tic state aud District wherein the crime sh M ,ne as
cn,n,tfod which District shall have Deeh pIeNOuS9 "
ccrtained by law; and to be informed 3l @ tle
cause of the accusation, to De c9nlloneu @ fr b aiming
80 arouet him to have compulsory process Ioi o@ @ -
witnesses III llS taT These securities for personal
fbertv fms embodied such as wisdom ana ~
had demonstrated TO be necessary Tor he The
those accused Of crime. And so strong was ne % the
courtrv of their importance, ana 50 jealous Wcio
ne0ne that these rights highly priced IshI pe
them by implication, tha Wheh ie tS yrre Gppo-
,cos nropo-cd for adoption II encouHteeQ 6c''lDul
soB. and but the belief that 1t woulu pe 80 an"
s Jn embrace them would have been IaulISu. S
T M 70 hos nroven tbe dscernmont of our ancestors lor
a., m the uroysOn expressed IN sucn lllu LIil at
e1are that itwOuld seem the ngenuyoi man coa % ~" TX
Edo them are now after the lapse Of more t1an 20
wears sought 10 be cyaded InOse great aiu t.r and
}oresw that troublous times would arise When ISi ~ ,
o,e vyonid become restve under restraint ana Sech ny
shaTp and decisive measures 10 aC'ohili
lust and proper and that the principles OF
irt ,rioud bs I'm pcIi unless established ny lIrcpe4a.
blc law The history of the world nae lus s in fbe I'm
VIVA VIA me- T SotittiGn Of the United staess law for rulers
and people equally war ana III pctCS % anu ~ ,Ii times
the shield Of its protection all classes W m more
d ,rd,r nh circumstances. No doctrine yolNhs -
peruicous consequences was ever lhVeIJCu ~ Iur.
10 a,,, of thc great emergencies of the GoVeIIiHrn
such doctrine ads directly 10 ahaffHy v h"s a fllse
but the theory OF nccs slty on WhcH ~ - b,. All the
FOR tb@ Coycfnnent within the Constitution nae 'ei III ~ M
powcrs granted TO IL which are necessary 10 LII of tbe
yrnrc gs has been happily proved 49, ti'e II U m suV a. ~ -
Tc,f rorf 10 throw off lis Just authority HdNe 9l4 o.
fEcricts guaranteed by the ConSlii uIo pot i9 rev
The ease 0f Migan, ana II so Nil4o 'o 49, ord fro,n
what source did the Military commission ~ ttl"i ~ i"
derive jrs authOityi Certainly no p,l1 n mo-" he
mower OF the country was conferred Oh 'lIfn- one
cause the Constitution eApies11y igT.Iior courts
Supreme Court, ana sucu lli,ii ,ti ,,a o,t,G
as Le Congress may from time to time oalH anu es,1o
lisl aud il is not pretended th&t 5e cy c"Inot
court ordained ana esiaDlsh,u DR NUiE.' me- 5 h "
iustify ON the mandate OF tine President 3ecaS do -
controlled 10y law and mas ms % % and fhcr" is
which is 20 execute ana not u'ht tl' ave- an az" a. ht a.
no unwrtten criminal code TO when resort can oq l a.
source Of jurisdiction But II Is su g' ~ tS , II n
is complete under The laws ana uS'heS "a M' H. - and
serve no useful purpose 10 nuuic Nhdt uOSc ,"s anu
are. whence thCy ollsi&'le' & i r,ri tn c
1ens of states which have upheld the authority oi me
government aud where the courts are open and their
,rsSrs IiUGl,str trctcd This Court has judicial kuoW
edge tEat n indiana the Federal authority was dl".!s
mopposcd and its courts always open to hear crlnlns
accusations and redress GieN'ces '.uu no no u5V - I,
could sanction military t1al there Tor any olIcNS WI
ever of q citizen in civil life in no wise connected Wh
power. and. 10 the honor of our National LegiSla-
iurc be it said, it has never been provoked by
e state of te country attempt It's exercise. One
of the pldncst constitutional provisions was M
and established by Congress and not composed oi judges
appointed during good behavior Why was ne not de,
against according TO law No reason of necessity could
be urged against il, because Congress had declared penal
islmCn and directed that Court to hear and determine
theiu and after this military tribunal was ended me
Adjourned II needed bayoncts to protect II and re-
uigcd no military aid 10 execute its Judgments III was
Judges commissioned during the Rebellion, who were pro
yded with luIies upright Intelligent, ana selected ~
had mo rig 10 conclude that Migau guilty would not
receive N tbPt Court merited punishment Tor ts records
similar offences and was never interrupted IN
il administration 9 criminal lI'uc[ copdition "oS
affairs 10 leave Sigan uitstra!ncd Of lns liberty be,
cause he cOnspred against the Government a''". "u
and comfort To Rebels and melted the people 10 hNul
uon The law Sdid arr,> nm tone MN '3'cl!' ItfH
him powcIless to 90 farther mischief, ana then present
his To the Grand jury Of the district with proofs oi
his euilt, anu II indicted Try MN aeco!us ~ vac VouSo
Of the law. this had been done. the Consttn-
tiOu would have been vndcatcd TIE law OF 1868 enforced
liberty preserved and de-
Tended Another guarantee o. freedom was broken when
tbc coutrv have differed uVuthc correct Interpretation
TO be given 10 various provisions Of the Federal Const
their rue meaning but until recently one eyerd doubted
that the right Of trial 10y jury fortified IN the organic
II ideas can expressed in OTds. aud language has any
mcaILIg, his rigtt-one of the most valuable in free
not attached 10 the army navy or militia IN actual ser
yice The sixth amendment air1ns mat ID an criminal pros
public trial by an impartial jury-lag broad enough
IL embrace al persons and caaes Bu me Ihth l,'oehH
Inc the necessity gf gn indictment or presenunent before
aiv one can be lcd 10 answer toP d@h Cesi .4ceDtA
cases arising in the military naval forces, or in the
Gaup.r Ard the trainers Of the Constitution doubtless
meant 10 limit the right Of trial by jrv IN the sNtl
et or pr5ss6i ~ n i3 fG pH VINE The dsCphe hcces
say 10 the efficiency Of the army ANA navy, required
other and s0tcr modes Of trial than are furnished uy llc
common laW courts ana III pursuance 1i tnJ POW, %
fcrTrd 10y the Constitution, Congress has declared inc
military naval service. Every one connected win
jurisdiction which Congress has created for their
government and while thus serving suIrcnders ms
pfIsops czcps Of states where the open. II
charged with TIE crime guaranteed the lnesimable
PIE unacllyinf the whole administration Of criminal jus
.et II Doahed by UffoIauce and cannot he friord
peace prevails and the authority the Government il
undisputcd there is DO difficulty OF preserving the sale
..fl lfIfFfU font FI
neglected and wishes ii otherwise. But II society
E Ji.tyfd bv civil coun0tion-.f the passions Of men
aroused ana the restraints Of law weakened not disIe
m , ~ t,," i''t,,,.ted win tbe lialdiansbip of
the constitution and laws In no other Way can we trans
NIT 10 po.tcty unnpaired the blessings of liberty
ed y tIe sacrifices of thc Revolution II ia claimed
tDat martial law covers With rs broad mAnte the pro
t6 Taf In time of var tie commander Of an armed
force. If IN his opinion the cxiScncics OF the country
Is,"''g j.. ihe psFST tltfia - the l9e; gt az
iliay district 10 suspend all civil rights aUd their RENE
dies were sdbcct-ciflcns rs wen sodierso the rle
Of his r aud the excise Of his lawful authority canoJ
dent Of the United States. II this principle L. sound
TO the extent claimed then when war exists foreign
dOmcstr, and tie country is subdyidcd INTO NH
itary departments FOR mere convenience the com
mander Of ore II them, can if he chooses, within
proya OF the Executive substitute military force for
and TO the exclusion Of the laws, and punish all per
certain rules The statement of this proposition shows It's
importance for II true republican government IS ial-
urc and there s end ~ liberty regulated by law, mar
tial law established such basis, destroys every
guarantee Of Constitution and effcctuay renders the
military independent Of and superior TO the civil power
the attempt TO do which W. the King OF Great Britain WAS
deemed by fathers such Oiicnse that they assigned
il TO the world AZ which mpccd thcm 10
declare their Independent Civil liberty and this KIND %
martial law cannot endure together; the antagOlsln B,
rreconcdbe, and IN the conflict or the oticf Hust
perish. This nation experience has proved, cannot
always remain at peace, and mas no right to expect mat
II will always have wise and humane laws, sincerely
attached 10 the principles Of the Constitution. Wckcd
men, ambitious Of power with hatred Of liberty ana
contempt OF law may fiji the places occupied by
Washington and Lincoln and if this right is conceded,
and the Calamites Of again beia u the dangers 10
human life and liberty ightful 20 contemplate II
fathers had failed 10 provide for just such con
hgency they would have been false 10 the trust repOeed
L..- I-.-. zn. tLa LlIr- ~ LLn L-u.-l L.l L.LIu