Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1880-07-15

concerning the arbitrary conduct of some
OF our officers in carrying into civil com
munltles the military Jurisdiction and
rule furthsr than they were warranted by
the Constitution, and | had taken strong
grounds II Congress against the exercise
OF military power in States not in Rebel
hon, 1t bang generally known thar l had
resisted what some of the more extreme
OF our own party thought the military
authoriliei might safely do ] was
ask, q II Iwould be willing to argue the
cases of lsowles and MIlligan before the
supreme Court. | answered that eif the
case turns on the justice of those
men being punished, | will not de-
tend them in any way whatever" for |
believed hey deserved the severest pun
ishment But that if the case turned on
the question as to who has the power to
try thosemsn, | believed that there was
no Authority under the Constitution or
laws of tie United States to take a citi.
zen OF Indiana, not soldier, and import
military tribunal to his home to try and
punish HIM s. important did | regard
that prindple in that exciting time to the
future OF this country that, with my eyes
open to tie fact that took the very great
political hsk in defending, not Bowles
ana Mlllgan, but the right OF every cit.
zen IN .lvll community where war is
not raging, TO be tried by the courts OF
his county and before juries OF his own
land, andnot be dragged away outside OF
his own DOORS to be tried by military
organization brought from a distance-to
meet then and try them. | believe that,
having put down the Rebellion, having
saved civil liberty In this country against
cruel INVASION, we ought also to save it
from ourown reCklessness.
l happ.n to have with me copy or the
argument | made before the Supreme
Court IN the year 1866; and | desire to
say that1 felt when | made that srgu.
ment th.t | was doing as worthy thing
as ever had done in my lie, and | look
back up,n it to.night with as much sin
cere prize and satisfaction as upon any
act OF NY public life. [Applausel l
ought to add that | have never seen
Bow(es nor Milligan. | knew that they
were poor, and probably could not pay
for their defense, | was never promised
and never received any compensation for
II. paid the expense OF printing my
own brief and my argument. | never
received any compensation for it; l did
1t in defense of what | believed 10 be q
most vit,l and important principle, not
only to the Republican party, but TO the
natlon-Damely: that in no part of our
civil community must the military be ex
allied above the civil authority. Ap
plause. But that those men, however
unworthy, however guilty, and however
disloyal 70 their country, should not be
tried by eny but lawful, civil tribunal.
Congress had provided laws for trying
every crime that those men were charged
with, and for trying it by civil court.
Now, | believe that all over this land one
of the great landmarks of civilization
and civil liberty is the self restraining
power OF the American people, curbing
themselves and governing themselves by
the limit of the civil law. | remind you
OF the fact thst the Supreme Court unan-
imously sustained the position | took in
that argument There was some differ.
ence in the reasoning by which the Court
reached the result, but the ruling of the
been unauthorized by law, aud that the
men must, therefore, be released. That did
not release them, howeve-, from the
right of the government to try them in
civil courts for the crimes with which
they were charged. The note that | re-
ferred to as being handed to me was that
should explain how it was that |, a Re.
publican and q Representative, gave my
voice and whatever ability | possessed rs
a lawyer to save Rebel conspirators from
My answer was, "Hang
them, but hang them according to law.
I Applause, II you do it otherwise, you
commit MURDER" Now, if any one has
any question to ask upon this subject, |
shall be glad TO hear it.
The speaker here paused, but there
came from the audience no response to
the request.