The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1867-01-16

+ was the duty of the Court to enter
tain the application Of the prisoner.
The Act of March 3, 1863, under
{ which Milligan claimed his dis
charge. is shown to be applicable.
Under it the President was author
Used to arrest without being requir-
ed to assign the cause of detention
on the return of the writ. But it
directed the Secretary of State and
the Secretary of War to furnish
lists to the judges of persons not
prisoners of war arrested within
their jurisdiction and if, after the
list was furnished, the grand jury
did not indict the parties they were
entitled to their discharge. The
refusal or neglect to furnish the
list could not operate against an
indicted person, and by the lapse
of twenty days after the session of
the jury, the petition Of any credi-
BILE person, verified by affidavit,
would secure the discharge of the
arrested party. No record was re-
CURED of the list, and the Court
shows that the neglect to furnish it
did not affect the jurisdiction, and
thus disposes of the objection that
the parties were not before the
Court, and the puerile suggestion
that Milligan is presumed to have
been already executed.
1t is admitted that the main point
at issue is whether the military
commission had legal jurisdiction
to try and sentence Mialigan. The
provisions of the Constitution are
claimed to be too plain to admit of
doubt. Jury trial is guaranteed
expresslyin the original Instrument,
except in cases of impeachment,
while the amendments secure ex-
emption from unreasonable search
and seizure, presentment by a
grand jury, and trial by jury under
such conditions as will insure JUS
tice and prevent oppression. The
Constt;;. tuition is designed for both
peace and war, AID no more dan.
gerous doctrine was everorigiIsted j
than "that any Of it's provisions
can be suspended during any ofthe
greatexigencies ofthe government"
Tn the case of Milligan the Oonsti. {
tuition was infringed by bringing l
him to trial before a tribunal not
ordained and established by Con-
gress; and by denying him a trial I.
BY a jury Of his countrymen. The .
decision afirms that not only was .
5he commission illegal, but that ':no .
Usage of war could sanction a mill .
AIRY trial in Indiana, for any offence b
Of a citizen in civil life, s
n no wise connected with the mill c
AIRY service and affrms further s
hat Congress can grant no such J.
power. There could have been no e
necessity for a commission, as the a
Jourts were open in Indiana, and :
hough military Courts are neces- :
AIRY for men in the military or ma d
al service, yet to all others the n
guarantees a trial by
ury.
The counsel for the government
aised an absurd plea that theseI
Military commissions could result "
rom martial law. On this point :. "
he opinion OF the Court is very "a
Apply, and we invite to it the at .,
ention Of those, in both armies dur s,
lg the late war, who were SO fond II
t declaring martial law and super an
eding the functions of the civil au- gr
lorities. The Court say that such je'
plea is untenable; that, though IN
ecessity, as in case ola foreign in. ~
aston, may compel the substitu. ~ ~
on OF the military for the civil q,
m, yet martial law, after the "B
curtis are reinstated, is usurpa- me
on. It is equally usurpation if ito
70 Courts have never been OBJ. to
ructed, and it must be confined "a
the locality Of actual war. AS 'n'
e Courts were never Obstructed wi
Indiana, the plea Of necessity -
mot avail in this case. DIV,
There are some noticeable features inv
out this case. 1t is worthy of re- cha
Ink that the majority of the Court VIII
ire appointed by Mr.. Lincoln, the nea
st Republican President. The opin- goo
! was delivered by Judge Davis, of alse
inois, the bosom friend of the late onl
esident and the executor of his will. is,
nong the dissenting judges was but
dge Wayne, Of Georgia, the only ap'
uthern justice on the bench. The
lnlon does not read like the opinions !
the Supreme Court in the olden tim
ne. We miss the searching ANALYSIS !!
tprgo dirocfnnor of M..I1l ASH