The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-01-01

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me powered punishmsnt d aloas through he means
which the laws have provided for thai purpos an9
they are Intellectual there IL immunity from punlsh.
ment, NO matter how great offender the individual
may DO or how much his crime may have shocked the
sense Of justice Of the country endangered ~ fety
%san 81 s s saa they s
mercy OF wicked rulers or the clamon Of an excited
people there was Law 70 justify this military trial
duty declare The nulty o the whole proceeding
The decision Of this question does not depend ON agu
mens FOR Judicial prscsdsnss numerous ana n'gnIy
struggle TO preserve the liberty and TO relieve those
in owl life from military trials The founders
history Of that struggle, and secured. m :
written constitution, every right which he people
had wrssted from power during contest o. ,gsa ~
question must be determined Tho provisions Of thu
Instrument on the administration Of criminal Justice ere
doubt Of their true meaning Those applicable 70 this
found in that clause Of the original constitution
which sayST the trials 81 I'll crimes excepe N
fourth fh and sixth articles OF NO amendmsnAs the
fourth proclams tho right 70 be secure in person and
reefs that judicial warrant shall mot issue swishout
proof Of cause supported by oath Affirmation"
The NH declares that no person shall - held 70 answer
sentiment by Grand Jury except In arising IN the
land and naval forces, or In the militia when 10 actual
service n ns Of war OF public danss nor DO deprived
and tho sixth guarantees the right Of trial BY jury In
such manner and with such regulations that with up
right judges impartial turies and able bar the limo
cent win be saved and the guilty punished. Il Is In
these words -" In all criminal prosecutions the
accused shall enjoy the right 70 speedy and
State and district wherein The crime shall have
been committed, which district shall have been pre-
nature and cause Of tie accusation DO confronted with
tho Witnesses against him. have compulsory process FOR
Obtaining wnesse: in his favor and have the assistance
sona liberty thus embodied were such - wisdom and
experience had demonstrated 70 be necessary for the
he sense q Ss country q their and
% jealous were the people that these rights
highly priced. might BIO denied them BY i'm.
proposed for adoption II encountered severe
opposition, and but for the belief that i
never have been ratified TINE has proven the discern
pressed in such plain English words that il would seem
sfser he lapse Of more than seventy years sought
70 be evaded Those great and good mon foresAW that
@ ss would nSs wasr rss ma ana
sharp and decisive measures TO accomplish ends deemed
just and proper and that the principles Of constitutional
rspsslabis law /: The history .y' Of sns world had
taught them that what was done in tho
past might % attempted in The future Tho Constitution
In war and In peace, and covers with the shield Of s
protection all classes Of a Ill times and under al
consequences was invented BY the wit OF than
that any Of il provisions b suspended during any
Of the great emergencies Of government Such doc
rine leads directly 70 anarchy and desp0tsm but the
theory Of necessity which 4 b based IL false;
FOR the government, within the constitution, has
81 ne granted ..; 70 which are 70. nscss
happily proved by the result Of the great effort throw
on IL uss authority Have any Of the rights guaranteed
and II % what theys Every trial involves the exsr
else Of judicial power and from what source did the mill
itary commission that tried him derive It's authoVS
tart a tudi nj. thA
conferred them, because the constitution OK
pressy vests in Supreme Court and such inferior
ordain and establish, and II . not pretended
that the commission was court ordained
BY law, and has bis appropriate sphere Of duty which
70 execute and mot make the laws, and there IL no
OF jurisdiction. But II ID said that the jurisdo
ton 10 complete under the laws and usages Of II
can serve no useful purpose 70 inquire what those laws
and on whom they operate They can never Be
applied 70 citizens or States which have upheld che
authority Of the government, and where Che courts .
court has judicial knowledge that in Indiana
the federal authority always unopposed, snd ito
dress yrevances and usaae Of could sanction
military trial thore for any offence Whatever Of citizen
In civil life in no wise connected with the military SER
vice. Congress could grant such power and to the
honor Of national legislature be Il said has never
been provoked by the state Of the country 70 at
t0mpl 0x0fc1b0.
provisions was therefore, nfringed when Mugan was
tried BY court not ordained and established BY Con-
gss and not composed Of judges appointed during good
behavior Why he mot delivered TO the Circuit Court
Of Indiana to Be proceeded against according 70 law
No Of necessity could BE- urged against II be-
CSnssss had declared PENALTIES ssainss the
directed that court 70 hear and determine them; and
after this military tribunal was ended the Circuit
Court met peacefully transacted Ns business, and ad
journed II needed no bayonets TO protect IL and
CURED military aid its judgments Il
held in State eminently distinguished for patriotism
by judges commissioned during the rebellion who
provided with juries upright intelligent and -
lected by Marshal appointed by The President Tho
government bad no right 70 conclade that Milsan,
punishment, for It's records disclose thai Il
stanty engaged in the trial Of similar Offences and
interrupted In it's administration of criminal JUS
tce. II was dangerous in the distracted condition Of
Affairs hihgan unresrained Of his liberty be-
cause ne ccnspired against the government. afforded
surrection the law said arrest him, con6ne him closely
render him poweress TO do further miscnie and thon
present his case 10 tho Grand Jury Of the district With
proof OF his guilt and, II indicted, try him accord
ing 70 the course Of common law. II this
had been done the constitution would have
been vndcaed The law Of 1863 enforced, and the
rites for personal liberty preserved ana defended
Another guarantee Of freedom broken when Snll-
coan,rv have offered upon the correct INTERPRETATION 70
b. given 10 various provisions OF the federal constitu
tion and judicial decision has bean often invoked TO
settle their true meaning but until recenty ever
doubted thot the right Of trial by Jury fortified tho
organic law against the power OF attack. II Il
AS aled; but II ideas bs expressed in words and
language has any meaning, THE nght-cne Of
tho most valuable In free coun;ry-is preserved
to every one accused OF crime who Is not
the army navy militia In actual service
The sixth amendment afrms that Ia all criminal prose-
cutons accused shall enjoy the right to speedy and
public trial by impartial jury. Language broad
enough 10 embrace all persons and cases. But tho nth
recognizes the necessity OF indictment present
ment before any can DO held 70 answer Tor high
crimes. except arising In tho military naval
forces theina when actual service in time OF
public danger Aud tho trainers Of the constitu
ton doubtless meant TO limit the right Of
trial by jury In the sixth amendments 10
those persons who subject 70 Indictment or
pTssentTnent In the hfLh The discipline necessary 70
the efficiency army navy required other and
swfter modes OF trial than furnished by the COM
law courts, and In pursuance OF the power con-
ferred by tho constitution Congress has declared the
kinds trial. aud tho manner IN which they shall DC
conducted for offences committed while the party Is in
the military naval service Every conneriei With
these branches OF the public service nncnsble 10
the jurisdiction which CONGRESS has created for their
government and while thus serving surronders his
right to be tried BY the civil courts All other
persons citizens OF States where the courts opcn
charged with crime, guaranteed the ines.spabie
privilege OF trial by jury. This privilege 10 vtArprin-
cpla underlying the whole administration Of criminal