The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1875-01-14
THE PROPOSED TRIAL BIN
MILITARY COMMISSION.
,.r sessions Resolutions.

Mr.. Sessions, of the State Senate, de-
serves ccmmendation for the manly pro-
test contained in his resolutions against
the proposition of Gen. Sheridan to the
President, that the latter issue decree
of outlawry against certain citizens in
Mississippi and other states,a Prelim-
mary proceeding to their trial, conviction
and murder by military commission. 1t
i proper that the voices of all patriotic
people who are capable of comprehending
the nature of this atrocious doctrine,
should be heard in condemnation of it,
and of the Administration which tolerates,
much less sanctions, its avowal in one of
It's servants. II is a proposition to take
from the citizens their constitutional
right OF trial by jury, and to massacre
them through the agency of military
/ commission-a tribunal unknown to the
constitution.
In the case of N1illigan, Ga citizen of
Indiana occurring during the war, in
volving the right of trial by jury to that
person who was arrested by military
officer and tried by court martial-the
Supreme Court of the L. 5. in decreeing
| the release of the prisoner, decided
4 Another guaranty of freedom was broken
l when Milligan WAS denied "A trial BY jury
/ TheyreaJ minds ofthe country have differed
| On the correct Interpretation To be given to
| variou, provisions OF the Federal COnstitu-
1 tfan: ana judicial decision has been often
/ Invoked TO >ettle their true meaning; but
| until recently no one ever doubted that the
right ottri4l by jury was fortified in the or
| sanit law against the power OF attack. Ii
/ j. now aSsaIled; bur, If ideas can be ex-
/ pressed in words, and language has any
meaning, this r'ght--one OF the most valua-
| ble in a free countTy--is preserved TO every
| one accused OF crime who Is not attached 20
| the army or navy, or militia In actual SER
| vice.
/ The discipline necessary to the efficiency
| OF he army and navy required other aud
| SWitter IN dies of trial than are furnished by
| the c smmon law courts and. ii pursuance
| at the power conferred by the Constitution
| Congress has declared the kinds of trial
| an the manner in which they shall he CON
| Quoted, tor offences committed while the
| ptrty l. in the military or naval service
| Every one connected with these branches OF
| he public service IL amenable To the juris-
!
government, and while thus serving. surreu-
! .rr> hi> right to be tried by tn" civil courts.
! All other persons. citizens OF Stafrs where
| The courts are open. it charged with crime,
are guaranteed the iuestimable privilege OF
| trial by jury. This privilege Is Il vital prln-
| ciplc, underlying tht- whole adm in istration
| OF criminal Justice; it is not held by suffer
! ancp, and cannot BE- trittercd away on any
| ilea OF State or political necessity.
1t is this guaranty of freedom" which
the military officer in command of this
district, asks shall be broken down
in order that he may murder class of
American citizens odious to the Admins
tration on account of their political opin-
| ions This is the doctrine which is rep
rotated in the following resolutions of the
Senator from Lincoln
WHEREAS, We believe that the recon-
mendation contained in the despatch of
1t Gen Sheridan dated Jan'y 5, 1870
for the trial of citizens by military COM
mission is unconstitutional, unwise, un-
necessary, and vioIative of the rights of
American citizens,
Therefore be it ResolUed, by the Legis-
lature of the State of Mississippi, That
we are opposed 10, ana 90 most earnestly
protest against the passage of any Act
| by Congress which will authorize the trial
Of citizens Of our State by military COM
missions.
2 That while we desire to see the laws
| both National and State, rigidly en-
forced, and all violators of the law pun
ished, yet we are opposed to any attempt
to re-establish military government here,
and are opposed to the issuance of any
proclamation by the President, the effect
of which will be an attempt to place any
portion Of our people outside of the pro
| lection Of the civil law-and to deprive
them of the right of trial by the courts
of the land, by declaring them outlaws
and proceeding against them as such, as
suggested in the despatch of Gen. Sheri
dan.
3. That the President of the Senate
and House of Representatives he instruc-
ted to communicate these resolutions to
the President, and that copies be sent to
our Senators and Representative in Con
gress and that they be requested to lay
the same before their respective houses.