The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-03-06

tnelr CONSTITUTION iOrhlGS the cXcr-
else of judicial power in any way but
one-tflat is by the ordained and es-
tablished courts. 1t is equally we'll
known that, in all criminal cases, q
trial by jury is made indispensable by
the express words Of that Instrument.
| Will not enlarge on the inestimable
value of the right thus secured to
every freeman, orspeall Of the danger
to pubic liberty, i'll all parts Of the
country, which must ensue from
denial of it anywhere or upon any
pretencc. a very recent decision Of
the Supreme Court has traced the
history, vindicated the dignity, and
made known the value of this great
privilege so clearly, that nothing more
IS needed. 70 what extent violation
OF 1t might be excused in time of war
or public danger, may admit Of dis
cusslon, but we are providing now for
a time of profound peace, where
there is not an armed soldier within
our borders, except those who arc in
the service of the Government. II
is IN such condition of things that
an Act of Congress is proposed,
which, if carried out, would deny a
trial by the lawful courts and juries
to nine millions Of American citizens.
and to their posterity for an jpdefi-
mite period. 1t seems 70 be scarcely
possible that any one should SER;
ously believe this consistent with q
Constitution which declares, in sim
pie, plain and unambiguous language.
that all persons shall have that right.
and that no person shall ever, in any
case, be deprived of it. The Consti-
tuition also forbids the arrest of the
citizen without judicial warrant,
founded on probable cause This bill
authorizes an arrest without warrant.
at the pleasure of military com
mander. The Constitution declares
that ''no person shall be held to an
swer for a capital or otherwise infam-
Gus crime, unless on presentment by
a grand jury" This bill holds every
person, not a soldier, answerable for
all crimes and all charges without any
pl'esentment. The Constitution de-
clares that "no person shall be de-
prived of life, liberty or property
without due process of law This
bill sets aside all process of law, and
makes the citizen answerable in his
person and property to the will of
one man, and as to his life to the will
of two. Finally, the Constitution
declares that 1.-The privilege of the
writ Of habeus corpus shall not be sus-
pended unless when in case of rebel
lion or invasion, the public safety
may require it, whereas this bill de-
clares martial law (which of itself
suspends this great Writ in time of
peace, and authorizes the military to
make the arrest, and gives to the
prisoner only one privilege, and that
IS trial without unnecessary delay"
He has no hope of release from Gus
tody, except the hope, such as it is,
of release hy acquittal before mill
tary commission.
The United States are bound to
guarantee to each State Republican
form Of Government. Can it be pre-
tended that this obligation is not pal
pab!y broken II We carry out Il mea-
sure like this, which wipes away /.
every vestige Of Republican Govern
ment III ten States. and puts the life,
property. liberty and honor OF ali the
people III each OF them under the
domination of single person clothed
with unlimited authority. The Par
lament of England, exercising the
omnipotent power which it claimed,
was accustomed to pass bills Of at
tainder; that is to say, it would con
Wet men OF treason and other crime.
by Legislative enactment. The person
accused had Il hearing. sometimes a
patient and fair one, but generally
party prejudice prevailed instead of
justice. 1t often became necessary
for Parliament to acknowledge its
error and reverse its own action. The
fathers OF our country determined
that no such thing should occur here
T.ey withheld the power from Con
gress, and thus forbade Its exercise
by that body; and they provided in
the Constitution that no State should
pass any bill Of attainder is, there
fore impossible for any person in this
country 10 be consttuiionallv con
vicscd or punished for any crime by
Il Legislative proceeding OF any sort.
Nevertheless here is !; bin of attain
der against nine millions of people
at once. 1t is based upon an accusil-
tiaa so vague as to be scarcely intell.-
gible, and found to be true upon no
crc,.itable evidence Not one of the
nine millions was heard in his own
defence. The Representatives of the
doomed parties were excluded from