The south-western. [volume] (Shreveport, La.) 1852-1870, 1868-02-12

three against it, that there three of tie judges VIII
are certainly in favor of the constitutionaltg Of the re
construction laws which are brought into question Il
that suit zsz.--as@
! This inference is often supported by references tt
the opinions given in the NiIligan by the Supreme
4 Court, in which the division of the judges was th
same, with exception, that Of Judge Wayne, since
deceased.
In that case majority of the court, consisting 0
Judges Davis, Nelson Grer, Clifford and Field heit
that trials by military commissions unconstitutional
and illegal, at any time and place, except in time
fragrant war; within the range of actual conflict where
by force of the civil courts DISTRACTED in the
freedom of action.
The minority of Judges, consisting of CHEZ Justice
Chase, and Justices Miller, Swhyne and Wayne, heic
that the Government cannot be denied the power, II
time of and in great emergencies, of authorizing
military commissions in districts where disloya}ty tt
the Government might be strong enough to affect The
administration Of Justice in the courts, to the advan
tage of the public enemy. This doctrine was however
limited to arising during the actual progress
fragrant
The court was unanimous in the opinion that the
Constitution does not authorize trials by military com
Missions or the exercise OF martial law, under any
circumstances, in time Of peace.
| On this point, there difference in the oppos
ing opinions read from the bencll-the majority opin
ion by Justice Davis and the minority by Chief jus
| ticc Chase.
The Judgment was unanimously in favor Of Milligan
the minority asserting the ground that although it
was in time of war, and in their view, it compe
tent for Congress 70 have authorised such commits
sion. Still Congress had not done so, and the pro-
ceedings were illegal. Tie majority held that they
were unconstitutional and illegal throughout
The death of Judge Wayne leaves the division of
opinion the controverted points five to three, in
stead of five to four.
We need inquire how far the judicial rule stare
decsis, binds the minority to administer the law,
IL,
judges held the opinion on the leading point which is
contained in the McCarde case, that there is
stuona power anywhere to authorize military com
MISSIONS suspend habeas corpus, abolish civil govern
ment, declare martial law, erect military govern
ments in times of peace
It, therefore, does follow necessarily follow nor
by logical differences from part of the action of the
court in the McCurde case, that there three
judges, if there be one who will support in contradict
ton to the law Of the Millgan case the constitutional
ity OF military reconstruction bills, by virtue of which
civil authorities abolished and personal rights of
every kind whatsoever put under the control of an alb
soue military dictatorship irresponsible to any civil
tribunal whatever.
The movements Of the Radicals in Congress- how
ever, and the outgivngs of their partisans seem to
imply that they had or thought they had some unpub-
lshcd grounds for believing that the three minority
judges in the Milligan case would notwithstanding this
record, declare in favor Of the congressional acts as
constitutional. 1t evidently in this faith they
passed the bill through Congress in hot haste to make
the three presumed Radicals competent arrest the
Judgment of the five who may have conservative views
of the Constitution, by requiring six votes to defeat
what these may maintain.
Several OF the House members, and CT two Of
the Senators Of that party, to have suspicion
that, after all, the two:thi,ds might 60 agants Them
and hence they asked that unanimous vote should
be required of the court to annu an act of Congress
for unconsuonaty.
The twothirds project has evidently been abandoned
and among the probable reasons for the change Of
ground Is, that, after all, Radcaism might not have
been sure of the three necessary for the success
OF thelf plan. At all events it was conceded as
necessary result of the declared judgment of the court:
on the analogous points presented i'll the Mligan case
that at least five of the judges adverse the whole
theory of making and administering government by
military force, d" outside of the Constitution and it
was not certain there would not be six or even eight
1t remains to be whether the other attempt to
circumvent law and the Constitution by aboshng the
appellate power of the Supreme Court to the cases
III which party in Congress is determined its shall
not be disturbed by any judicial intervention what
ever, shall have any better success.
The attempt, whether it be success failure,
will be another in that series of audacous practices of
tyranny which so snguarly resemble in their charac-
ter the freaks of5ames Is, of England who, by claim
ing the prerogatve of dispensing with the laws which
thwarcd his will, Selling the Judiciary to compel a
conforming decision, taking away by violent means the
old charters OF municipal government that pre-
clous to the people Of England, and using the power
of martial law i'll time of peace forfeited the right to
govern, and was with his house and followers driven
into exile.
The strife is going on here, under different
names, indeed but with the same principles involved
and he has but shallow faith in the American people
who doubts that it will have the result, of the
driving out Of power of the conspirators against liberty
~ee-
A NEW TRADE FOR THE CRESCENT CITy-We learn
from the Commercial Bulletin, of the 2Sth ult., that
,S52 bushels Of reached that city OH the day
BEFORE for coastwisc and foreign shipments By line
Of harse5 from Cairo The grain, it is presumed, was
brought e Cairo by that great commercial artery the
illinois Central railroad 1t has for years been thought
~ our shrewdcst commercial men that much of the
grain of the great Northwest which is peculiarly
rcgion) could find cheaper outlet for
;oastwSc and foreign ports by way of the Mississippi
md the Gulf than by rail to New York and other
Northern ports. BY this route which can assuredlv
DC made cheapest in the end the grain is subject to
much less handling, and the great injury it must s,rs
ain by being often handled and, if we mistake not
sill reach its destination not only in better condition,
'u in quicker time, And we think it entirely unnec-
ssary to dilate the great advantages of water
'oic coHHlcicc over laL borne by the railroad The
advantages of the former are too obvious to need
7ord in explanation. The Bulletin very pcrtnently
emarks, that having by the barge line from Cairo
cheved one step in opening channel of trade,
he next will be to its transportation BY "cheap
reghts' No doubt the fact of this new route will be
lade known throughout all the shipping ports of the
iorld Trade fleets will soon be on the.move to meet
his new stream Of freight which has broken from the
rtiical channel wit1.n which it has been for some
ears cramped and is finding its way to the world
laret by its natural outlet. Let the consgnces
grain remember that if the ocean rates are cxorb
mt will neutralise all the advantages of the river
MORE REMoyALs.--Gen. Hancock, the worthy COM .
handler of fifth military district, is trying his Hand at
ecaptating of the appointments of his prede-
essors. On the 9Th inst, in special orders No. 5 he
ecapitated VIM Baker, Street Commissioner of New +
rcans and appointed Geo. D. Fields in his place
IT, Baker removed fer malfcasance in Office which
as proved before an investigating committee ordered
Gen. Hancock. Mr.. Baker at first refused to va +
ate but mild application of military authority had
desired effect and Fields once entered upon his
utes. On the Sth the General appointed five white
of ~ ,