Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-02-09
..IpERIALIsM
AND EXPANSION.
lcontmued doom page sINl

other day, That the American people
are under all circumstances too tuat
ever to commit wrong. They were
proceeding to execute him without an,
authority whatever, and the supreme
tribunal was appealed to to prevent
tliat crime from being committed.
The Suprrmc. court discharged him.
They held that ~ to "a state or terri
tor, In which there was no Invasion
or rebellion ana as TO n person not "a
prisoner OF war and not In the military
u- naval service Congress could not
clothe n military commission with the
t.nWcr to ny and convict and execute
him; and M the same provisions when
satsRuafded Mlllinan In the State of
irdlann apply equally everywheru
within the limits Of our dominion where
tn. Jurisdiction of our government cx-
Ten IL. under the limitations ana the
qualifications Of the Constitution. the
aHmc principles which were applicable
TO Milligan ana inuiaua viii be equally
applicable under like circumstances 10
the Philippine Islands " We retain
them. iiut there IL some language In
this opinion which I desire 10 quote.
Nf. Plat Of connccticut-Mu I In
t,rtupt the senator from Utahl
Mt. enthusiastically.
Mf. Plat " Connectlcut--Whcre un-
der the Constitution Is II provided that
a person who ia properly tried before
court martial ~ not entitled To u trlai
t Iuryi ! suppose the reason why
o. citizen Of the United States " not
entitled to trial by jury by curt
martial II because the Constitution
auys that CONGRESS may make laws for
ths government ~ the army and navy
iust ne u says II may make aii needfui
rules and regulations for the govern
mcnt of territory.
Mr Kawlius-.lf had plenty of time.
a. -. a
The Supren. court, delivered by chlrf
Justice DaNe. refer to the Miiligan
case. quoted In I Wallace. II shows
why we can not do the one thing ~
% person not IN the military or naval
service IN n district or state where
there II no invasion and no rebellion
and why we can do II under different
pct or circumstances NJ 90 a person
whh II prisoner u war ar who " In
tho military or navy service. aud there
fore subject 10 military discipline and
military law.
Mr. Plat Of Connecticut court
martial In time Of war try persons who
ara not, In the military service; try citi-
Gems u the United States who are not
soldiers. who have not enlisted. who
hive not signed the articles OF war.
and Try them without a jury. aud be-
caurc and only because. 49, ! UNDER
stand II. the Constitution provides that
conrrcrt may make rules FOR the rfgu-
lntiun ~ the army and navy Tor their
government. the raiuc Az n provides
that c0nHrosH may make rules fuf the
government ~ territory.
Mt. iinwllnH-l can not oppose my
own feeble authority against that ~
the distinguished senator from conncc-
u'ut. but do feel confidence IN inter.
posing the authority OF the supreme
court OF the United States. 1 read
AL I.a
Ing from the syllabus.
MI Plat 81 'onnrctlcut-rhc soma.
tor nom i'thh VIII lind
Nr itnwlihH- WIN the senator from
- rncciicut permit me 10 complete my
sentence The court says
Military commissions organized dur
In. the late civil war In u state not
invaded ANA not engaged In rebellion,
IN which the Federal courts were opcn
aud H. the proper and uuobntructrd
exercise 81 their judicial functionH, Ind
no Jurisdiction 60 Try, convict. or H"n-
tence FOR any criminal onenrc "a ellison
WIN was neither "a resident ~ rebel
ilouH state, nor prisoner Of war. nor
a person 10 the military or naval SER
Vice, Atd Congress can not impaft
such authority,
The langnnRc II frcc from ambiguity.
Mr. Plat OF Connecticut The rcnn-
tor VIII Ind, " he reads the opinion.
that Justice Davis puts the right to try
a citizen Of tho United states by court
martial without jury upon the clause
In the Constitution To which have re-
fcrred.
Mr. RaWiln-of course. I nm aware
~ that proposition. I quote this lan-
Fuagc from the opinion:
Tine has proven the dlsccrnmcnt 81
our ancestofs, for even these proviH-
iDnH-
That IL, the safeguards Of tho Com
Httutiun-
EXPRESSED In such plain words. that II
would seem the Ingenuity Of man could
not evade them, are now, after the
lapse az more than seventy years.
nusht to be- avoided Those great aud
good men forcsaw that trouhlouH dmcs
would arise, when rulers and people
would become FESTIVE under restraint
and seek BY sharp and decisive meas.
ufct 10 accomplish ends deemed Just
and proper. ana that the principles 81
rftltuti0nal liberty would be- Ia ,.orii
unless established BY irrcpcainble law.
Tho history of the world had taught
them that what was done IN the past
mlsht be- attempted IN the future, The
Constitution of tho United States N "a
law for rulers ana people. equally IN
war and In peace, ana covers with the
shield ~ ith protection all glasses Of
men. az all times aud under all circum-
stances.
Mr. President. II will be- an cvil day
Tor this country when those principles |
thus "a solemnly announced become
untrue That II sufficient an |
tNe. 10 the remarks made |
hy the junior senator from |
tAir.f.odRcl and reiterat- |
81 by tho senator from New York tMr |
lhtD TINT whenever the Constitution |
stands IN the way Of accomplishing any |
irmporory expedient or purpose which |
may BE- thought proper IN the frenzy OF |
d temporary majority. the Constitution |
o. 10 be turned 10 one side. perhaps they |
you'd change II without going through |
NE tedious and difficult formnlities
irescrihed In that instrument for itH
os q amendment.
The cases TO which have alluded are
monuments ~ the fact that arbitrary |
power possessed by whomsocVcr any /
" here VIII be abused II has been /
abused In England time and time again /
hY every sovereign who claimed To be |
clothed with AN uncomfortable VIII
u IN respect TO the liberties ana prop
critics o. his subjects. Time ana time
train have seen Il abused within the
Units Of the United States, In the
snow case they tried 10 convict him
llno and time again and punish him
pr one ana the same oncnHe, contrary |
70 the provisions that for the same pub
~ otense NO man shall twice be put IN
rhpafdy, etc. The Reynolds case, the
Nrilscn ease, the Snow case, the Mill
. 2 case. and tho multitude ~ cnses
? hlch have gone 10 the supreme court.
strrled there by those claiming the safe
4lrds Of our Constitution. and which
D aaaNN "A