The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-02-12

prone tribunal was appealed to to pre-
vent that crime from being committed
The supreme court discharged him
They held that as to a state or terri
tory in which there was 10 invasion OIL
rebellion and as to a person not a priss
foner Of war, and not in the military OF
naval service. congress could not clothe
a military commission with the power
to try and convict and execute him
and as the same provisions which safe
guarded Milligan in the state of Indi-
ana apply equally everywhere within
the limits of our, dominion where the
| jurisdiction of our government extends
under the limitations and the qualifi-
cations of the constitution, the same
principles which were applicable to
Milligan and Indiana will be equally
applicable under like circumstances To
the Philippine islands, if we retain
them. But there is some language in
this opinion which l desire to quote.
Mr.. Plat of Connecticut-AIay I in
| terrupt the senator from Utah?
Mr.. enthusiastically
Mr.. Plat of Connecticut-Whereu I'M
der the constitution is it provided that
a person who is properly tried before a
| courtmartial is not entitled to a trial
! by jury? / suppose the reason why a
citizen of the United States is not en-
titled to trial by jury by courtmar-
1 tial is because the constitution saws
that congress may make laws for the
| government of the army and navy just
as it says it may make all needful rules
and regulations for the government of
| territory.
Mr. Rawlins-If had plenty of time,
I should like to read this opinion by
the supreme court, delivered by Chief
! Justice Davis. 1 refer to the AIilligan
fA1 sr, " t.
| why we can not do the one thing as to
person not in the military or naval
service in a district or state where
there is no invasion and no rebellion
and why we can do ii under q differ
ent set of circumstances as to per-
! son who is q prisoner of war or who is
in the military or naval service, and
therefore subject to military discipline
and military law
Mr.. Platt of Connecticut-But courts
| martial in time of war try persons who
are not in the military service; try
citizens of the United States who are
not soldiers, who have not enlisted, who
have not signed the articles of war,
and try them without jury, and be-
cause and only because, as ] under
stand it, the constitution provides that
congress may make rules for the regu-
lation of the army and navy for their
government, the same as it provides
that congress may make rules for the
government of territory.
HARD HIT AT PLATT.
Mr.. Rawlins-I can not oppose my
own feeble authority against that of
the distinguished senator from Con-
necticut, but l do feel confidence in
interposing the authority of the su-
preme court of the United States. I
read what they say upon the subject,
quoting from the syllabus.
Mr.. Platt of Connecticut-The senator
from Utah will find
Mr.. Rawlins-Will the senator from
Connecticut permit me to complete my
sentence? The court says:
Military commissions organized dur
ing the late civil war in a state not in
vaded and not engaged in rebellion.
in which the federal courts were open
and in the proper and unobStructed eX-
ercise of their judicial functions, had
no jurisdiction to try, convict, or SEN
tence for any criminal Offense a citizen
who was neither a resident of q re-
belliouS state, nor a prisoner of war,
nor a person in the military or naval
service. And congress can not impart
such authority"
That language is free from ambigu-
ity.
Mr. Platt of Connecticut-The sena-
tor will find, if he reads the opinion,
that Justice Davis puts the right to
try a citizen of the United States by
courtmartial without jury upon the
clause in the constitution to which l
have referred.
Mr.. Rawlins-Of course, I am aware
of that proposition. 1 quote this Ian
guage from the opinion:
Time has proven the discernment of
our ancestors. for even these provi- |
siOnS '-That is, the safeguards of the /
constitutional expressed in such plain !
English words. that it would seem the !
ingenuity of man could not evade them, |
are now, after the lapse of more than |
seventy years. sought to be avoided |
Those great and good men fOresaW that |
troublous times would arise, when ruI- |
ers and people would become FESTIVE |
under restraint and seek by sharp and /
decisive measures to accomplish ends |
deemed just and proper, and that the /
Of constitutional liberty
would be in peril unless established by |
law. The history of the |
world had taught them that what was
done in the past might be attempted /
in the future. The constitution of the
United States is a law for rulers and
people, equally in war and in peace,
and covers with the shield OF its pro-
lection all classes of men, at all times
and under all circumstances.
Mr. President, it viii be an evil day
for this country when those principles
thus solemnly announced become I'M
true. That is a sufficient answer to the
remarks made by the junior senator
from Massachusetts (Mr. Lodge and
reiterated by the senator from New
York (Mr. Plato. that whenever the /
stands in the way of ac-
any temporary eXpedieEt
or purpose which may be thought
proper in the frenzy of a temporary
majority, the constitution. is to be
De turned to one side, perhaps they
would change it without going through
he tedious and difficult formalities
prescribed in that instrument for it's
)wn amendment.
The cases to which l have alluded are
of the fact that arbitrary
power possessed by whomsoeVer any
where will be abused. 1t has been
abused in England time and time again
~ every sovereign who claimed to be
,lOthed with an uncomfortable Will
With respect to the liberties and prop
rites of his subjects. Time and time
Lgain l have seen il abused within the
limits of the United States. In the Snow
'ase they tried to convict him time and
ime again and punish him for one
md the same offense, contrary TO the
provisions that for the same public of
ense no man shall twice be put in
etc. The Reynolds case, the
Seilsen case, the Snow case, the Mill
IAN case, and the multitude of cases
which have gone to the supreme court
arried there by those claiming the i
afeguards of our constitution and
which have been reversed by that tri-
unal for their violation, plainly dis ;
lose that it is unsafe ever to break the {