The workingman's advocate. [volume] (Chicago [Ill.]) 1864-1877, 1872-03-23

THE JUDICIAL CAREER OF JUDGE
DAVID DAVIS.
Immediately after the nomination Of Mr.
Justice David Davis by the NatioRal Labor
Convention, 90 its candidate for President
Of the United States, we gave brief
sketch Of his career, up to the date Of his
appointment by President Lincoln, Decem-
ber, 1862, TO Be an associate Justice of the
Supreme Court of the United States. We
now give an entline of his judicial Garssr
during the hAt yenrs hs4fas been upon the
I Federxf bench
| AT the commencement of the December
term, 1861, Of that court, there were three
vacancies therein, occasioned by the deaths
of Campbell. Swayne, of Ohio, was ap-
of Mclean, and subsequently Miller, July
16, 1862, and Davis in the following De-
csmber, to fill the places Of Daniel and
Campbell An act OF Congress having au-
thorized tenth Judge, Field, of California,
was appointed March 10, 1863 Chief
Justice Taney died October IL, 1884, and
Chase was appointed December Of that
year to I'll the vacancy. At the time,
therefore, when the judicial labors Of
Judge Davis may be said to have really be-
gun, i've of the ten judges had been ap-
pointed by President Lincoln, two WAYNE
and Catron) by President jackson, one
(Nelson) by President Tyler, one (Grier)
by President Polk, and one (Clifford) by
President Buchanan.
/ If political predictions, as parties were
then divided, can be spoken of in this con-
nectiOn, the court was equally divided
between FIVE Democrats and FIVE Repub-
licans. The deaths of Catron, May
80, 1865; Of Wayne, July 5, 1867 and
the resignation of Grier, December l5,
1869, made, at these respective dates, other
vacancies, which were filed by the appoint
ment Of Strong, February Is, 1870, and Of
Bradley, March, 1870. During most of the
first part Of the Judicial life Of Judge Davis
the bench consisted of nine judges, five Re
publicans, including himself, appointed by
Lincoln, and four appointed by Democratic
Presidents. During the last two years the
bench has consisted Of nine Judges, two
Nelson and Clifford appointed under
Democratic administrations, and seven
under Republican administrations FIVE
commissioned by Lincoln, and two by
Grant.
The reported cases argued and adjudged
during the time of Judge Davis are in the
last volume Of Blacks Reports, and the
eleven volumes of the succeeding reports
Of Wallace. In looking through these vol
umes we find that during this period eighty
eight Of the opinions of the court have been
delivered by Judge Davis, and that in
nineteen other cases he has dissented
from the views Of the majority; who deter
mine what the decision shall be.
One of the earliest cases involving impor-
tant questions Of constitutional law, in
which Judge Davis gave the opinion of the
court, is that of Miliigan, in 1856. Mill
gan never had been resident of rebelling
State, or in the military or naval service, or
q prisoner of war, but for twenty years a
citizen of Indiana, when he was at his own
home arrested by the military power Of the
United States, imprisoned on criminal
charges preferred against him, tried, con-
victed, and, by = military commission or
ganized under the direction of the military
commander of the Military District of In
diana, sentenced to be hung The PreG-
dent approved the sentence and directed
| the execution.
| <AASCA sAAC PAOSCCNAAASS OA bAAls AaAAhb8Ay
commission were ut an end, the United
States Court met in Indiana, impanelled n
grand jury, and adjourned without any bill
Of Indictment having been presented against
Milligan. In fact, no bill of Indictment
had ever been found against him by any
grand jury of the United States. May 10,
1856, he presented petition TO the United
States Court for Indiana to be discharged
from unlawful imprisonment. The United
States Court was divided in opinion az to
whether ~ a writ Of habeas corpus ought
to be issued (2) whether MilIigan ought
to be discharged from custody; and (S)
whether the military commission had iuris-
diction legally to try or sentence the pris-
oner.
These questions came before the Su-
preme Court at Washington, where, in be-
half of the United States, they were argued
by Attorney General Speed, Mr. Stanbery,
and General Butler, and in behalf of Mill
gan by Mr.. Field, Mr. Black, and others.
Judge Davis gave the opinion of the court,
which occupies nearly thirty pages, and no
opinion ever given by that tribunal better
deserves careful and repeated study. The
Chief-Justice, with Wayne, Swayne and
Miller, dissented from q majority of the
court, consisting of Davis, Nelson. Grier.
Clifford and Field. The majority. in Whose
behalf Judge Davis spoke, pronounced in
favor Of the prisoner, and against the &C.
tion OF the military authorities on every
point.
We have not the space to give such copi.
ous extracts from this opinion a we could
wish, for ID cannot be published too often.
The chief point IN the decision il that
Federal authority having been unopposed
in the etAte Of Indiana, and the Federal
courts open for the trial of offences. the
usagss a war could mot, under the Consti-
tuition, aAofd any sanction for the trial
there OF u citisen i'm civil life and mot con-
nected with the military or naval aervice.
by military tribunal for any offence Whist.
ever
"The guarantee Of trial by jurv. I" NV.
Judge Davis, coutained in the Const;tn. =.
tiOn was intended for state Of war m well
a. state Of peace, and it is equally bind
ing upon rulers and people at ail times and
under an circumstancss. Neither ths
President, NOR Congfess, nor the JuAie;>rv
csn disturb the known safeRuards Of civ;I
liberty incorporated I'm the Uopstitvticr
Suspension Of The privilses q the VII a
habeas corpus does not suspend the vv;t
Itself" Thess srs Tie prominent po;uss a
the oPanicn. Whm Judge Dsvis came 70
CONSIDER the prvpositicn put forth BY Gen.
Butler m behalf Of the government, that
martaal law covered with Ia broad msutle
the prOeeedines of thin military cornmiu-
mon, sna authorised o military cummen1er
70 suupena all eivil rishts and their rsme-