The Portland daily press., 1867-01-01
LATEST NEWS
BY TELEGRAPH TO THE
PORTLAND DAILY PRESS.
Tuesday Morning. January l, 1867.
WASHINGTON.
Decision Of he Supreme Court.
-
Bill for the Reorganization OF the
Southern States.
THE LATE INDIAN MASSACRE.

WASHINGTON, Dec. 81
The opinion of the Supreme Court in the
matter of Lambden p. Miliigin, petitioner on
certificates of divisions of opinion between fine
Circuit Court of the United States for the dis
trict of Indiana, has been published Millgan,
it will be recollected, was tried and convicted
by a military commission. The opinions of the
judges of the Circuit Court are opposed on
three questions, as follows: First on the facts
stated IN the petition and exhibits, ought a VIII
OF habeas corpus to be issued? Second, on the
taets stated, ought said Lambden L. Mlihgan
TO De discharged from custody as IN sara peti-
ton prayed? Third, whether, upon the facts
stated in said petition and exhibits, the militia
ry commission mentioned therein had jurisdic
ton legally to try aud sentence said Milligan
in the manner and form as in said petition and
exhibits it is stated. Justice Davis delivered
the opinion of the court, in which he said one
of the planest constitutional provisions was
infringed when Milligan was tried by court
not ordained and established by Congress. No
reason of necessity could be urged why he was
not delivered to the Circuit Court of Indiana,
to be proceeded against according to laws; and
another guarantee of freedom was broken when
he was denied trial by jury. To the first two
4 questions the court give an affirmative answer
and neg 1tve to the last one. Chief Justice
Chase for himself, and Justices Wayne, Swaine
and Miller being unable to concur in some i'm
portant particulars with the opinion which had
been read made separate statement of their
views of the whole case. He said the trial and
sentence of Milligan were by military COM
mission convened in Indiana during the fall of
1854 The action of the commission had been
under consideration by President Lincoln for
some time when he himself became the victim
of an abhorred conspiracy. 1t was approved
Shy his successor in May, 1865 and sentence was
Gsordered to be carried into execution. The pro-
eeedings, therefore, had the fullest sanction of
the executive department of the Government.
1t was clear the writ ought to issue, and that
Mlligan was entitled to the discharge prayed
for nd m at "a
atively as an unavoidable interference from af-
firnative answers to the other two. We do
not, he said, doubt that the positive provisions
of the act of Congress requires such answers.
We do not think it necessary to look beyond
these provisions. In them we find sufficient
and controlling reasons for our conclusions
But we could not agree to the opinion of the
majority that not only was the military COM
mission not authorized by Congress- but that it
was not in the power of Congress to authorize
it from which it may be thought to follow. The
dissenting Judges maintain that peace exists
the laws of peace must prevail What they do
maintain is that when the nation is involved in
war and some portions of the country are in
vaded, and all are exposed to invasion, it is
within the power of Congress to determine in
what States or districts such great and immi-
nent public danger exists as justifies the author
ization of military tribunals for the trials of
crime and offences against the discipline or Sc
curity of the army, or against the public safety.
We cannot doubt that in such time of public
danger, when cOnspiracies existed in Indiana,
Congress had power under the Constitution to
provide for the Organization of military COM
mission, and for the trial by that commission of
persons engaged in the conspiracy.
Gen. Ashley has prepared bill to be report
ed on the re-assembling of Congress, having in
view the reorganization of the Southern States,
not, however, remanding them to a territorial
condition, but recognizing their present ar
rangements until conventions can be called to
remodel the respective State Governments.
The Commissioner of Indian Affairs has re-
ceived the following telegram:
Sort Lamarie, Dec. 27.-Hon. Lewis Bogy,
Commissioner of Indian Affairs AN Indian
arrived from Tongue river, reported that
large party of Mennecoons, Butes, Ogollalas,
Cows, Unkaphappos, Blickfeet and Sausaracks
left Tongue river on the 18th inst for Fort Phil
Kearney, and on the 22d the Indians were dis
covered near the fort Brevet Lieut. Col Fet-
terman, Capt Brown and Lieut. Granmond,
with 80 men, left the fort to give them battle
Nothing more was heard from them until par
ty sent out from the fort found them at dis
lance of four miles, all lying dead, Col Fetter-
man and his entire command having been mas
sacred.
(Signed,) ME- PATRICK,
Upper Platte Agent
Secretaries Seward and Wells will not re-
ceive visitors tomorrow, owing to recent do
mestic Affections i as