Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-06-03

Men were condemned to death, and in
several cases executed, who never were In,
the military or naval service of the United
States, without Indictment by grand
jury, and without trial except by q mock
military court. At one time three men,
MIILIGAN, BowLEs and HoRsEY, thus tried
in Indianapolis, and condemned to death,
subsequently had their sentence. changed
to imprisonment for "a long term Ia the
Ohio Penitentiary, were liberated, because
the Supreme Court of the United States
decided that they were impFisohed, tried,
and sentenced without due process of law,
and without Justice! Mrs. SURRATT, at
Washington, with others, ere thus tried,
condemned and executed, without the
formality of q presentment by grand
jury, and Fstrahgled to desth on the gall
lows for q crime of which everybody now
believes Mrs. SURRATT innocent, and which,
Eby the civiIlaw, even il sheS were guilty,
was an offense punished by Imprisonment
anu nOC Dy fueaIn. ,ysiv.y -5t NJ S,s,,,-.. -,..
"ART. 6. In all criminal prosecutions,
the accused shall enjoy the right to
speedy and public trial, by an impartial
Jury of, the State and district wherein the
crime shall have been Committed, which
district shall have lbeenT previously ascer-
tained by law, and to be informed of the
mature and cause of the accusation; to be
confronted with the witnesses against him
to have Compulsory process for o Obtaining
tWitnesses in his favour, and to have the
Assistance of Counsel for his Defence"
| The case of JEFF. DAVIS is a glaring in
tstanceof theviolation of the 9Th Article Of
the amendments to the Constitution. Inn
lprisoned for two years, on a charge
of being an accessory ito the assss-
nation of President e LINCOLN - him
self andos his friends urging that the
Constitution gave him right to a speedy
and public trial by an impartial jury
of the State and District wherein the
alleged crime was committed -he was final
ly brought before civil tribunal and the
charges were all abandoned and the pris-
oner rearrested on new charge and
held to bail. Thus. in violation of the
Constitution. was JEFF DAVIS impris-
oned for two years, without being tried.
and then released because the charge had
no evidence to support it. ron. .,..
"ART. z. In suits at common law, where
the value in controversy shall exceed twen-
ty dollars, the right of trial by jury shall be
preserved. and no fact tried by jury shall
be otherwise re-examined in any Court of
the United States, than according to the
rules of the common law" sscas scn ar5
In the Southern States, the right of trial
by jury, has been set at naught, and the
judicial tribunal of the country is forced to
give way, when negro is the party, to the
judgment of the Freedman's Bureau. sup J,
CART. 8. Excessive bail shall not be re-
quired, nor excessive fines imposed, nor
cruel and unusual punishments inflicted.
Punishment, for, alleged ofenses, COM
mitted by citizens, not in the military or
naval service of the United States, has not
only been unusual, but such as the laws
never contemplated. The cruel and unu-
sual punishment inflicted on Mr.. VALLAN-
DIGHAM of transportation beyond the limits
of the authority of the United States, was
not only unusual, but cruel in the extreme,
crime, which he had not. + ii 1....-ss76i
CART. 8. The enumeration In the Con-
stitutiOn, of certain rights, shall not he con-
strued todeny or disparage others retained
by the people. -sg 6,i : -s-.i-1.-.t fs-+ =
the United States by the Constitution, nor
prohibited by it to the States, are reserved
to the States respectively, or to the people,"
These two articles are to be noticed
together. There is scarcely single right
reserved to the States or the people, GER
tainly none that arbitrary power" could
use, but has been usurped by the present or
last Congress, and 1.-THE powers not delegated
to the United States, nor prohibited by it to
the States," instead of being !" reserved to
the States respectively, or to the people,
are construed by the powers that be, to
belong to the dominant party and to be
used for party and political purposes %
Thus it will be seen, that instead of being
q State Rights party, the so-called Repub-
lican party, Of which the journal is an or
gan, has vic lated the Constitution in almost
every particular Mating the State Right
amendments in every one-and yet this
sheet, in its arrogance9an its folly, asks US
if we can .'point out one act of the party
that is in conflict with" State Rights !? We
have named numerous ones, and have
named the men and specified the acts. rs
Z A party more subversive of constitu-
tional law never before existed since the
days of the famed Jacobin Club of France,
where for mere difference of opinion men
were guillotined by the thousands by the
heartless scoundrels: who then had rule
and welded power to their own advantage,
and to the2ruin of the country and the ut
ter subversion of law and justice. i
"a .-sGTsH5 Ils 1l,-ii = 10, y ~ - -ji. '
n NJ - > +