The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-03-06

Aon; need @ not say 70 the representatives Of the
An People thet their Constitution forbids
that is by the ordained and established courts. It
| is equally well known that in all criminal cases q
Maai oy Jury Is made Indispensable by the express
the nestimable value OF the right thus secu1ed to
SGxery Ssy freeman, or speak Of the danger to public
nnefsy % IN az parts OF tho country which must en-
sne uom denial OF d anywhere or upon any rrc-
tence A very recent decision Of the Supreme
Court has traced the history, vindicated the Dig
N.Y., MY, ana ade Known the value OF this great pr
what extent violation Of it might be excused in
time OF war or public Danger may admit of discuss
found peace where thtre is not an armed soldier
within our borders except those who in the SER
nee OF the Government 1t is in such condition of
II carried out, would deny trial by the lawful
courts and juries to nine millions Of American
eltlzeas, and to their posterity for indefinite
one should seriously believe this consistent with
Constitution which declares, in simple, plain
nnd n unambigqous Language, that all persons shall
any case, be deprived Of it. The Constitution also
forbids the arrest Of the citizen without judicial
warrant warrant, founded on probable cause. This bill
pleasure OF military commander. The Constitu-
ton declares that .na person shall be held to an
swHr gasd for a capital OF otherwise infamous crime
biu holds every persen not soldier answerable
for all crimes and all charges Without any pro-
oSAGAl4oAee
person shall be deprived of life, liberty or
property, without dup process Of law" This
bill sets aside all prscess Of law, and makes
the citizen answernbe in his person and
property to the will Clone raan, and as to his life
to the win Of two. Finally, the oe.-.. - 1nbe IS
esrea tset , the privilege Of the WIZ onen in
case of snSn not ha asas1on, the public safety
nay " ca,on leoeMon oras this bill declares martial
law (Which Of itself sqspends this great WRIT in
time Of peace, and authorizes the military to make
the arrest, ana gives to the prisoner only ono pri
vilege, and that is trial without necessary de-
lay" He has no hope Of release from custody, OK
cept the hope such it is, of release by acq Initial
before military commission.
The United States are bound to guarantee to
each State a republican form Of government Can
it be pretended that this obligation is not palpab!y
broken if we carry out measure like this, which
wipes away every vestige- of republican govern
ment in ten States, and puts the life, property,
liberty and honor Of all the people in each or them
under the domination of o single person clothed
with unlimited authority?
The Parliament Of England, exercising the ON
nipotent power which it claimed, was accustomed
to pass bills Of attainder; that is to say, it would
convict men Of treason and other crimes BY lcgis-
lative enactment The person accused had hear
ing, sometimes patient and fair one; but generally
party prejudice prevailed, Instead of nstce- 1t
often became necessary for Parliament to acknowl-
edge its error and reverse it's own action. The
fathers of our country determined that no such
thing should occur here. They withheld the power