The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1867-01-08


stantly engaged in. the trial of similaf offsn-
COS, and was never interrupted in its admin
istration of criminal justice. If it was dan
gerous in the distracted condition Of affairs
TO leave Milligan unre trained of his liberty
because he "eonspired against the govern
ment, afforded aid and comfort to rebels; and
melted the people to instruction" the ed@
said arrest and confne him closely. render
him powerless to do further mischief, and then
present his case to the grand jury OF the DIS
trics, with proofs Of his guilt, and, II indics-
ed, try him according to the course OF the
common law. IF this had been done the con-
stisution would hare Deem vindlcatsd, the
law of 1868 enforced, and the securities OF
personal liberty preserved and defended.
Another guaranty of freedom was broken
when Mhhgsn was denied trial by jury
The gr At minds of the country have differed
on the correct Interpretation to be given to
various provisions of the federal constitution;
and judicial dioision has been often invoked
to settle their meaning; but until recently
no one ever doubted that the right OF trial by
jury was fortified in the organic law against
the power of attack. II ID ,soso asssilsd but,
if ideas can be expressed in words, and Ian
guage has any meaning, his rtght-one OF
the most valued In a free country-ls preserv-
ed to every one accused of crime who 10 not
attached to the army or navy, OF militia in
actual service. The sixth amendment afhrms
that" all criminal proseou tions the accused
shall enjoy the right to a speedy and public
trial by an impartial jury" language broad
enough to embrace all persons and cases
but the fifth, recognizing the necessity Of an
Indictment, or presentment, before any one
can be held to answer for high crime, ''ercepts
Gases arising in the land and naval forces, or
in the militia, when in actual service, In time
of war or public danger" and the trainers
of che constitution doubtless meant to limit
she right of trial by jury, in the sixth amend
ment, to those persons who were subject to
indictment or presentment in the fifth"
The discipline necessary TO tho efficiency
of an army and navy required other and
swifter modes of trial than are furnished by
she common law courts and, In pursuance
of the power conferred by the constitution,
congress has declared the kinds of trial, and
the manner in which they shall be conducted.
for offences committed while the party is in
the military or naval service. Every one con-
nectsd with these branches of pu blie service
ia amen able to the jurisdiction which congress
has created for their government and. while
thus serving. surrsnders bis right to be tried
by civil courts. All other persons, citizens
of states where courts are open, if charged
with crime, are guaranteed the insstimable
privilege of trial by jury. This privilege lie
a vital principle, underlying the whole as-
minist-ation of criminal justice it is not
held by sutferance, and cannot DE frttered
away on any plea of state or political necsssi-
ty. When peace prevails, and the authority
of the government is undisprted, there is no
difficulty in preserving the safeguards of lib
never neglected, and no one wishes it other
Ui Rat ! IL lad
commotion-if the passions of men ere asous-
ed and the restraints of law weakened, if not
safeguards need, and
should receive, the watchful care o! those en-
trusted with the guard anship OF the constl-
ton and the laws. In no ether way can We
transmit to posserity unimpaired the blessings
of liberty, conseeratsd by the sacrifices of the
revolution.
1t is claimed tina. N artial law covers with
it's broad mantle the goceeding OF this mill
tary commission. The proposition is this
That in time of war the commander OF an
armed force { if in his opinion the exigencies
of the country demand it. and of which he is
to judge has the power, within the lines of
his military district, to suspend al civil
rights and their remedies, and subject citi
zsns as we'll as soldiers to the rule of his will;
and In the exercise of his la wful authority he
cannot be restrained, except by his superior
ofloer or the Praaidant OF tho Unitad Ssaea-z.
II his position 10 sound to the extent claimed,
then when war exists, foreign or domestic,
and the country is gu undivided into military
departments for mere convenience, the COM
mander of them can, if he chooses, within
his limits, on the plea of necessity, with the
approval of the executive, substitute military
foYcs for and to the exclusion of tho laws,
and punish all persons as he thinks right
I'D ,tor
The statement of this proposition shows Its
Importance for, if true, republican govern
ment is a failure and there is an end of lib
erty regulated BY law. Martial law, essab-
lished on such a basis, destroys every guar
ansy of the constitution, and efectuaily rem
ders the military independent of and super
ior to the civil power'-:he attempts 10 do
which by the king of Great Britain was deem
ed by our fathers such an offence that they as
signed it to the world as enc of the causes
which impelled them to declare their indie
pendencs. CIVIL liberty and this kind Of
martial law cannos ednure together the an
tagonism is lrreconcilable, and in the conflict
one or the other must perish.
This nation, as experience has proved, can
not always remain at peace, and has no right
to expect that ID will always have wise and
humane rulers, sincerely attached to the prin-
SlpioSso sAo Sou5bisUtlUu. w iChcu 1ui-
bilious of power, with hatred of liberty, and
contempt of law, may fill the the places onco
occupied by Washington and Lincoln and,
if this right is conceded, and the oalamities
of war again befsl us, the dangers to human
liberty are frightful to contemplate. If our
fathers had failed to provide for just such
contingency. they would have been false to
the trust Feposed in them. They knew-the
history of the world told them-the nation
they were founding, be it's existence short or
long, would be involved in wRr-how often,
or how long continued, human foresight could
not tell-and that unlimited power, wherever
lodged at such time, was especially hazar-
dous to frsemcn. For this and other equally
weighty reasons they secured the Inheritance
they had fought to maintain, by incorporating
in awristen constitution the safeguards which
time has proved essential to it's preservation.
Not one of these safeguards can the Presi-
dent, or congress, or the Judiciary disturb
except the one concerning the writ OF habeas
corpus.
Concluded tomorrow.
Progress of the c., n. i. g. p. II. r.