The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1868-01-31

Has Deel set up. LII dlI tIietG III W IC-
gion ofcountry from the Potomac to
the Gulf of Mexico Military Commits
sions have become so much the fashion
that they have almost entirely superse-
ded courts and juries. They infiict all
manner of punishments. Three men
are now held by them under sentence
of death, and hundreds are languishing
under their orders in various kinds of
imprisonment. Every officer who is
or may be engaged in carrying out
these proceedings is deeply interested
in knowing, as soon as possible, how
the law regards him. From the Presi-
dent and the General Of the army
down to the lowest Jack Ketch in their
service, it is to the last degree impor-
tant that they should know when they
hang a man whether their act is justi-
fable homicide or felonious murder.
If they are engaged in the performance
of a lawful duty it will surely be an
infinite relief to be assured of it by a
decision of this Court. The people
ought to know it, too, so that they may
learn to submit quietly to evils which
cannot be cured. Then if they do not
enjoy the blessings of liberty they will
at least have the repose of despotism,
which is perhaps the next best thing.
But if it should be finally held that
these commissions are all wrong and
void, it is horrid cruelty not to say so
at once. Would my learned brother,
for any mere political consideration,
encourage public officers to rush on in
headlOng ignorance at the risk of be-
ing branded as criminals in the future.
Ifyou decide hereafter that their acts
are no protection to them against the
charges of kidnapping, robbery, and
murder, how will they feel toward
those who prevented decision in time
to save them from those crimes? If
the blood be suffered to accumulate up
on ther heads for two or three years
more, there will not be rain enough in
the sweet heavens to wash them white
again. This question, no doubt seems
a very clear one to Mr.. Trumbull, and
he can doubtless make it as clear to
the Court as it is to him. We suppose
it at least possible that he may be mis-
taken. We know that the Constitu-
tion makes a court and jury the eXclu-
sive judges of guilt or innocence in ev-
cry criminal case, and we know, also
that the Constitution was in full force
about one year ago, for this court then
said so in very plain and unmistakable
laaGnaGe, But Mr.. Trunn hull and Q tln
er JuriSts suppose themselves to have
| discovered an act of Congress passed
since the decision referred to by which
the Constitution is repealed, or, at least,
! they have learned that the American
people have in some way lost the right
of trial by jury. Now the presumption
is strong one to be seen that Mr..
Trumbull is right and am wrong. II
he comes with his act of Congress, and
oppose him with the Constitution,
and the principles of public liberty, the
| odds will be against me. Still, he can
not say that the point is absolutely free
from doubt, when he remembers that
the Attorney General, who stands Off
cially at the head of the profession, and
deserves to stand there, is against him
toto coelO.-The question cannot be
clear in his favor, when the conviction
of lawyer like Mr.. Stanbery is clear
the other way. If it be doubtful, and
that is all [ ask you now to cOncede,
it is inhuman to leave it unsettled
when the case is before you in which
all doubts can be resolved. | repeat
that this is a judicial question merely.
If by the suggestion that it is connected
with politics, it is meant to say that
you may be assailed and slandered for
your decision by partizans, admit it
freely. That may be true in this case
as it has been in many others, | can
not promise you exemption from a
fate which the best men in the world
have suffered when they performed
their public duties honestly. That is
the rough brake that virtue must 90
| through. But if the statute laws, the
rules and constant practice of this Court
are not to be violated, the cause before
you will be heard without more delay
than what may be necessary for its
proper preparation.
Jndge Sharkey spoke briefly on the
same side, enforcing what had been
said by his colleague, and stating the
condition of things in Mississippi as an
additional reason for an early decision
Mr.. Hughes thought there was nc
reason in the circumstances of the case
itself for taking it up soon, and the
| Court ought not to consider the eXtran-
eous facts which had been mentioned
The speech of Judge Black and tn pro
found sensation manifested were in
themselves enough to show that the
subject was one which could not be
handled without producing excitement
At all events, he hoped that full time
would be allowed for counsel to cOnsid
er their argument. 1t ought not to be
hurried.
In the course of the debate, Mr.. At
torney General Stanbery defined his
position. He said that case had beer
laid before the President i'll which {