The Camden journal. [volume] (Camden, S.C.) 1866-1891, 1867-01-18

80 4. sssEss3
e.. 81 Il,
d;ssant;n nh;as a.lS 4. rs. IS =.
(w.~.n &: ,.ss.s &
no,1 ,r.,, IL; M,
rot,or n,ouo t,,o,, 80
tbot 1o,no n,rou 8. {; y q,
izon osIn,;aa. 80
mi,itorr sorrioo of tno ~; tod 10 s. !:
rcytc,l ot his: home n ofstota' ' = ~; =
October, 1864 by ordcfsof ss,,,e een5..4 r
military COMMUNICATIVE milit or,SJI i
and koptin.cl losa i6s,non. eyors s;I.s 8
koHtA st sHa, s. q i -: -
sfiai ssaIiai ; q
hanged !, ant, the seatenssig :; TO be
executed on the l9thsSl q On the
2nd January a court @ r :ef /, y the he
United States, forGM M MMdiana Tlssa Cd enlpannel-
led grandlury oSenaHirsSlfls stge laws ofthe,
United States had been Rialasacy q 2to & make
presentments, and the gouTfs asj 6siyneds on
the 9th, previously dischas the grand
jury, without Indictment schsnlcnt. q,
gainst MILlAcAS, whos thersfsssss tie OH
of May, 1865, presented his; ;pstiGon to the
Circuit Court to be discharged dssm / al
legged unlawful Imprisonment, on tle ggre : d
that the Military Commissions Sllsapo$ iuriss-
diction to try himunder any chafgssSshatoT-
er, as he was citizen Of the Unisa States,
and Of the State Of lndiaas and as sacl en- en-
titled, under ths;E Constitution ofsthe United
States TO tri,tbby jury, and praying that
might,snnder the act,sf Congress, .fpproaa#5
'March ard, 1868, ii: Brought before; CCoarE
and either turned oyer to TIC l q
to be proceeded Against according 81 4 ts y
law Of the land, or elscreleased ffometg Eody
altogether The juag:s of the cifcats stEt stE
disagreed on three questions, Which TeFs sFs:
certified to the Supreme Court: ; .,..a .:aE :. !
"1st, On the facts stated in such Petition n
anu exhibits ought the WIFI OF haosas cOfpaf 5"
'' s ,issuea' -,
zna, o1 'sG ,1 1ae's s'a.ea' T.. 0uEasths sa,a
!; AaHGIs ~ =; 49,, rns+ ~ '' 0'''H"0 -
: AZ az wIsthor unon r5o s,cts stoteo n said
nciitian and exhibit. tho said Military Com.
missi66sa il a,a,ionea tlsrein, hud hadinrisdic!
ton legalis,t to try and sentence saia ii MILL.
GAN in manner .nnd fornr as in saidspctition
and exhibits is stated? -
ghc decision upon the third og:shcsy.. in.
TffsFiss IS II 'Ta6sce7fSHf iIHT5i7ahss' 'afs'wa
shall therefore make no apology for laying
before our readers in cxtenso, the "na"'woia-
BILE argument on which it is founded
"The controlling question in the case
is this: Upon the .tttcts stated i'll
Milligan's petition, and the exhibits
filed, had the military commission
mentioned in it Jurisdiction legally to
try and sentence him? Milligan, not
a resident of one Of the rebcllious
States, or prisoner Of war, but Il
citizen Of Indiana for twenty years
past, anll Ecyer in tine military OF
naval service, is, while. at his home,
arrested by the military power of the
United States. imprisoned, and on
ccrt,in cr;m;nal CHARGES preferred
a a@a;ust him. tried. convicted, Q and
Sentenced to be Hanscd by a military
cnmm;ssion oroaoized under the d.
ront;nn of tho w;Iitarv commander of
t1,o Io',";1 n,;l;tarv ~ J;strict Il Tnd;ara Had
ti,;. t ] +r;LnnSl the 1eoo1 nower and ALL
tInritr tI,ls ,D"' to- t,.v and nunisI this man :?
No rraver o1cstiop was ever consider
cI 6y this court. nor one Which more
rcorIy concerns tbe RIGHTS ofthe whole
nronjc for # is The birthrjoht Of eycrv
tHmpricon citizeD. when c6arred with
crime' to be- tried and punished ac-
car'l;.',. % ~ 70 law Tbo nowor of nm
;shmsnp ;S alone througI the, means
,SL;nL ,hn l"ws b,vo nrSy;,lnI for that
nn,.nasc and # these are i,nfFcctual
t thnrc r * ,n ;,nmnn;tv from nnn;sbmcnt.
No mattrr Lnw rrrat IN offender the
;n1;v;Iua1 nav 6o or how ,,ncb his
crimes nav have Shocked The sense Of
Justice Of inc Ec0u1r1ry OF uudurrg rgvrvts