Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1867-01-02

his friends the full benefit Of this just de cision
of the Supreme Court, and we also expect that,
having done that, ne will refuse to prosecute
them before tribunals where their offenses are
legally cogniz bile. He is ready to interpose
the law for the benefit of these fslons, but new
er for their punishment.
1t is to be hoped that We shall hereafter, az
nation. escape such civil war as that which
We have recently ended, and shall never again
be tempted to make the military superior TO the
civil power in the government indeed, 1t may
yet happen that the attempted use OF the mill
tary by President johnson in aid of the enc
mics of Liberty, may awaken the rehscting men
of The country to the danger of permitting the
military power TO 90 one step farther than Its
constitute nal limits in the United States. But
We shall always, when We consider the danger
to liberty in trusting irresponsible power 10
those who control the armies of the Republic.
End the highest security. both of the people and
the government, in keeping the bayonets of the
nation subordinate to the civil power.
Since writing the above the Telegraph has
brought US the following, imperfect abstract of
the opinion OF the court i:
The opinion of the Supreme Court n he
matter of Lamden p Miiligan, petitioner, on
certificates of division of opinion between the
Circuit Court Of the United States for the dis
trict of Indiana, has been published. Mill AN,
it will be recollected, was tried and convicted
by a military commission. The opinions OF
the Judges of the Circuit Court are opposed
on thres questions, as follows LIST, on the
facts stated in the petition and exhibits, Ought
a writ of habeas corpus TO be issued "a. on
the facts stated, Ought said Limden T. Mill
gan to be discharged from custody in said
petition prayed ? Sd, Whether upon the iacts
stated in sad petition and exhibits the Military
Commission mentioned therein had jurisdiction
legally to Try and sentence said Milngan in the
manner and form in said petition and exhib-
lis it is stated.
Justice Davis delivered the opinion Of the
Court, in when he said, one OF the plainest
constit u tlonsl provisions was lnfrlnged when
Miiligan was tried by Court not ordained aud
established by Congress. No reason OF neces-
sity could be urged why he was not delivered
10 the Circuit Court of Indiana to be proceed
ed against according 10 law and another guar
anty OF freedom was broken when he was denied
"a trial by jury. To the first two questions the
Court gave An affirmative answer, and mega
tive to the last one.
Chief Justice Chase, for himself and Justice
Wayne, Swayne and Miller, being unable to
concur in some important particulars with the
opinion which had been read, made separate
statement of their views of the whole He
SAID the trial and sentence of Miigan were by
Commission convened IN Indiana during the
fall of 1864. The action OF the Comm sion
had been under consideration by President Lin
coin for some time, when he himself became
the victim of an abhorred conspiracy. 1t was
approved by his successor in May, 1868, and
sentence was ordered to be carried into execu-
ton. The proceedings, therefore, had the
fullest sanction ofth- Executive Department OF
tie Government. IL was clear the Court
ought to issue, and that Milgan was entitled
to, he discharge prayed for The third ques-
ton must be answered negatively as an una
voiGabe inference from affirmative answers TO
the other two. " We do not" ne said. " doubt
that the positive provisions OF the act OF Con
gress require such answers We do not think il
necessary to look beyond these provisions. 10
them we frd sufficient and cont oiling r. ason5
for our conclusions. But we could not agree
TO the opinion of the majority, that not only
was The Milit4r, Commission not authorized by
Congress, but that it was not in the power OF
Congress 10 authorize il, from which it may be
thought 10 follow. The dissenting Judges
maintain tha, when pence exist, tne laws of
Leace must prevail. " hat Thy do maintain
H. that when the nation is involved in war. and
some portions Of the country are invaded, and
all are exposed to invasion, il is within the
power OF Congress TO determine 10 nat states
or districts such great and imminent public
danger exists as justlties the authorization o
( miitAry tribunals tor .ao trials Of "rirres one
ofenses against the discipline secu -ity ofthe
army, as aims! the pubic safety. We can
rot doubt that 10 such time o; public danger
whe1 coaspieaciss existed IN Indiana, Consr
had power under the Constitution TO provide
tor the organization of a Miii.ary Commission
and for the trial by that Comm ;ssion Of ersoui
engaged IN the conspiracy.