The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1875-01-12
EsEE PROPOSED TRIAL BY
MILITARY COMMISSION.
var. 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, as prelim
mary proceeding to their trial, conviction
and murder by military commission. 1t
is 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
its servants. 1t is proposition to take
from the citizens their constitutional
right of trial by jury, and to massacre
them through the agency of military
commissioners tribunal unknown to the
constitution.
In the case Of Milligan, 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 U. S. in decreeing
the release of the prisoner, decided
Another guaranty of freedom was broken
when VI Miligan was denied trial BY jury
| The great minds Ofthe country have differed
on the correct Interpretation to be given to
various provisions of the Federal COnstitu-
| tion; and judicial decision has been often
| Invoked to settle their true meaning; but
until recently no one ever doubted that the
right OF trial by jury was fortified in the Or
| ganic law against the power OF attack. 1t
| is now asSailed; but, If ideas can be eX-
| pressed in words, and language has any
meaning, this right--One OF the most valua-
! bic in free COuntry--lS preserved to every
one accused of crime who is not attached TO
| the army or navy, or militia in actual SER
! vice
The discipline necessary to the efficiency
| of he army and navy required other and
| swifter IN ndeS of trial than are furnished by
the Common law courts; and, in pursuance
| of the power conferred by the Constitution,
| Congress has declared the kinds of trial
and the manner i'll which they shall be con-
Quoted, for offences committed while the
party is in the military or naval service
Every one connected with these branches of
the public service is amenable TO the juris-
i dictiOn which Congress has created for their
government, and while thus serving, Surren-
ders his right to be tried by the civil courts.
| All other persons, citizens OF states where
the courts are open, ii charged with crime,
are guaranteed the inestimable privilege OF
trial by jury. This privilege is Il vital prin-
clple, underlying the whole administration
of crimina! justice; it is not held by suffer
ance, and cannot be fcittered away on any
plea 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 violative of the rights OF
American citizens,
Therefore be it Resolved, by the Legis-
lature of the State of Mississippi, That
we are opposed to, and do 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.
8 That the President of the Senate
and House of Representatives be instruc-
ted to communicate these resolutions to
the President, and that copies be sent to
our Senators and Representatives in Con-
gress and that they be requested to lay
the same before their respective houses.