The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1879-02-06

| "A ECCCuG ClICuuHt0uCO HAS IcCdllCO
| one of the acts of arbitrary power that
the States. Ii was the case of Milligan,
Bowles, Humphreys and Horsey, OF
| Indiana, who were arrested by mill
tary authority, and tried at the close
of the year 1864 by Military Court,
on the charge of belonging to an Or
ganization called "The Order of tn 9
knights OF tho Golden Circle" which,
it was alleged, sympathized with the
South. AS the Court was organized
to convict, the prisoners were declsr-
ed by that Military Commission to be
guilty, and sentenced to be hanged on
Friday, May 10, 1865. The sentence
was approved by President Lincoln,
and the Secretary of War, Stanton, Or
dered the sentence TO be carried into
execution.
In January, 1865, following the close
of theMilitaryCourt,M Milligan filedwith
the Circurt Court of the United States
for Indiana petition for q writ of
hobeas corpus. On hearing the petit
ton the Court divided, and the case
was sent to the Supreme Court of the
United States at Washington. This
latter Court, at it's December Term,
1865, Justice David Dayis delivering
its opinion, decided that the Military
Court that tried, convicted and SEN
fenced Mr.. Milligan to death had no
constitutional warrant for its pro-
ceedings, ordered the discharge of the
prisoner, and gave judgment for the
cost of the application of Milligan for
the writ of habeaS corpus against the
members of the Military Court. The
members of the Court refused to pay
the judgment, amounting 10 STA AZ,
and endeavored to throw them on the
United States. but without success.
Recently the Attorney General order
ed that an execution issue against the
property of the members of the Mill.
tary Court to collect the Judgment,
and have the same paid into the Su-
preme Court of the United States.
Thus, after eighteen years, the illegal
and arbitrary act of that Military
Court returns, in a small way, to pun
ish its members, and in greater way
to remind them that wrong is never
settled, but always ready to return to
plague its perpetrator.
We notice that the late Senator
Morton's name is used in connection
with the proceedings of that Military
Court as If he was anxious to have its
sentence carried into execution. Mr..
Morton was Governor of Indiana
when that Court sat, and he was
charged of having instigated the ar
rest of MilligaD, Bowles and others,
and their trial and condemnation for
the purpose of awing the Democrats
Of Indiana, and enabling him to use
the troops to carry the election. How
ever that may be, we know of our
own knowledge that Governor Nor
ton-he was then Governor-used his
influence successfully to commute the
sentence of the Military Court into
imprisonment. He did that while
other distinguished Republicans OF
Indiana were petitioning the Presi-
dent not to commute but to carry tife
sentence Of the Court into execution.
The execution of Milligan, Bowles,
Humphreys and HOrsey, or either of
them, would have been murder. The
Military Court had no more right to try
those citizens than would q mob have
had. Indeed, it's members were but an
organized mob, and its decisions had
no higher warrant than lynch law.
The whole testimony was the most
baseless fabrication, winch would not
have been listened to a moment ex-
cept by a Court organized to convict.
The members of that Military Com
may be thankful they have no
heavier weight on their conscience
than is implied in their obligation to
pay those costs.-Enquirer.