The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1937-06-03
The
SUPREME
COURT
AND HOW
. IT WORKS
'tShield of Protection"
nv RORERT MERRnJ.

rulers and people, equally in
war and in peace, and covers
with the shield of its protection
all classes of men, at all times,
and under all circumstances. "
That quotation is from an opinion
rendered by the Supreme court OF
the United States in one of its most
famous decisions. The facts in the
case are these:
In October, 1864, Lambdin P. Mil
ligan was sentenced to death on the
gallows.
The sentence was declared void.
Why? Because he had been denied
his constitutional right of trial by
jury in civil court.
The Supreme court of the United
States, to which he appealed, made
that ruling.
Tried in Military Court.
Milligan, citizen of the state OF
Indiana, was arrested on charges
of disloyalty to the Union cause. Al
though not a member of the army,
he was tried and sentenced before
a military commission, despite the
fact that in the city of Indianapolis,
where the trial was held, the civil
courts were open.
Citing these circumstances and
the fact that no Indictment had been
found against him, Milligan filed a
petition to be discharged. The case
eventually reached the Supreme
court at Washington.
Learned and eloquent argument
was heard on both sides. But the
court based the decision on the Con-
stitution, and held that one of its
guarantees was broken when MILL
gan was denied a trial by jury.
"The great minds of the country"
explained the formal opinion of the
court, ''have differed on the correct
Interpretation to be given to various
provisions of the Federal Constitu-
ton; 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 fury was fortified in the organic
law against the power of attack.
Calls 1t Grave Question.
''It is now assailed; but if ideas
can be expressed in words, and Ian
guage has any meaning, this right
one of the most valuable in free
country-is preserved to every one
accused of crime who is not at
tached to the army. or navy, or
militia in actual service"
The opinion pointed out that Mil
igan when arrested and convicted
by a military commission was not
a resident of rebellious state, or
prisoner of war, but citizen of
Indiana, who had never been in the
military or naval service.
mo graver question" it contin-
ued, twas ever considered by this
court, nor one which more nearly
concerns the rights of the whole
people; for it is the birthright of
every American Citizen VIII e n
charged with crime, to be tried and
punished according to law
"By the protection of the law
human rights are secured; withdraw
that protection, and they are at the
mercy of wicked rulers, or the clam
or of an excited people.
eff there was law to justify this
military trial, it is not our province
to interfere; if there was not, it is
our duty to declare the nullity of the
whole proceedings"
Again the opinion cited the con-
stitutional rights established for the
American citizen and declared:
Constitution Is Yardstick.
''The decision of this question does
not depend on argument or judicial
precedents, numerous and highly IL
Illustrative as they are. These prec-
edents inform us of the extent of
the struggle to preserve liberty and
to relieve those in civil life from
military trials. The founders of our
Government were familiar with the
history of that struggle; and secured
in written Constitution every right
which the people had wrested from
power during contest of ages.
''By that Constitution and laws
authorized by it this question must
be determined"
This was not the only death sen
tence set aside by the Supreme
court because it found that consti-
tutional rights had been violated.
1t had also ruled against the
e"Third Degree" as method of OBJ
tanning evidence on which convic-
tions were based.
''The rack and torture chamber"
it pronounced, may not be SUBJ
stituted for the witness stand"
g Western Newspaper Union.