New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-01-14

those equally subject to the control OF the commander o.
the district aud under the is left with him to ohoose
am therefore constrained 70 come to the conclusion
That me oheise u one upon wche subject TO atrese
and trial before the military tribunal This ocnse
against the public peace Of the very objects which
the commander is e9joincd to preserve,
Any conseyat0r Of the peace, for the purpose Of pre-
venting breach thereof prevent the COMMISSION Of
crime nay ay arrest the party No one; however can be
law must be IN force before the act IS committed take
it that the laws affecting the peace OF society, at eass
those in force before the attempted act Of secession arc
still the laws OF the State aud viii further state that In
commander Of the district, who have seen to certain
extent Is intrused with all the powers Of government
which he s charged under act by orders hrt made
public, declare that certain acts when committed shan
be taken as violation Of the law, and penalty snns1
Congress has not however left the citizen to the mercy
OF the commander or any arbitrary oppression he msy
make but has in the first place. left to the citizen the
power OF the Federal Courts and judges through the writ
OF laDeas corpus, remedy against lawless oppression
and has by the act comforting power prescribed iu
nnlts Inc accused Is secured speedy and fair trial
punishment Therefore where the accused continued
other punishment than that prescribed by law or OF sny
other act Of oppression by those nirued with tho er
peratiye duty OF this court either OF 10 Judges upon
application, to grant the proper relief.
act OF July it is declared that such shall be done for tho
attainment of its opjecu satisfied that the in
possible, have fair speedy, aud impartial trial II boz
fore the Commission that those who compose II shall be
or s & Ss he @ S SEQ ha tho
law is properly administered that the Trial shall be
public that II required by bin, the witnesses for the
prosecution shoud confront him that he shall have the
right TO counsel for his defense and the attendance OF
witnesses for bis defense and any defense he could
have under the law before the II further pro-
yided that the record shall be examined and the jnd
ment approved by the Commander before the intcti0q
OF any punishment and that shall require the approval
of the President before capital punishment Is Inflicted.
1t be supposed that those who passed the act be
best suppressed by the Commanding General and his sub
ordlnaes, who might be presumed to be impartial aud
efficient Whether In this they were right or wrong
IL is not for this Court to declare.
For the stated and others not deemed
to state the Judgment Of the Court H. that the petit
toner be remanded to the custody OF Gen. A. g. Gemy
10 answer the charges which may be preferred
against him.
have endeavored 10 take the constitutional law alone
my guide am gratifed that the law has providcda
direct appeal to the Supreme Court which meets In tho
Capitol on Monday next, where any error may have
committed DO corrected desire II the petitioner
take his appeal Should he do he will enter int
recosnizance with suretes the penal
or $1,000 payable to the United States conditional fos HE
appearance before this Court the next term ana from
term to term to abide by such Judgment as the supreme
Court may direct . 49, -.
the above opinion this and was moved that
day BIO fixed the argument Of the appeal Attorney
Gen. Stanbery suggested, that he had written an
opinion against the c0nsttutOnaIty OF the laws queS
on he could not consceDtiousy appear for the Governs
ment In the The fixing Of the day for argument
therefore postponed until the Government could
range ~ DO represented by other counsel.