The New-York Tribune Newspaper, January 1, 1867, Page 8

MILITARY COMMISSEON ———— CONTINUED FROM FIKST PAGR. fon ; of the versity of opiuion on another ground of jurisd t on {Mn.lh.u in the sense of the i sectic Judiclary act the proceeding by hi PUS WS & suit, the position s not controverted by any except Baldwin, Justi and he thought that *suit and % cause,” as used in the section, mean the same thing. The Court do mnot say that return muutie-mda and the parties appear and begin entry. The case before it is a suit when thie action 18 filed ahd The writ prayed for. The suit of th the application. 11 it i8 a suit under th nding act, when the proceedings ar all the analogies of the law cquaily & euit u tion of the act of 182. But it is argued that th two parties to the suit because the poiut is 1o he stated wpon the request of either party, or their counsel, Buch teral and 1 -hml-ulvnndruv‘lhm wnnl:: dv‘fml n-'(-\. v urpose the Legislature had in view, which was to ¢ BTy party fo bring the ease here when ibe point fn controversy was & matter of right and not of diseretion, and the words “eitier ¢ in order to prevent a failure of justice sustrued as words of enlargement, and not of ctiong aithough this case is here ex parte, it was 1ot eonsidered by thie Court belew ving Deen given 1o the parties suppo®d t the detention of the prisoner. I fct without @ notice bav an interst in ement of the concluxive in- B | anpa, the District-Attorn and by sgreement the appiic Court, who took the case under advisem¢ @ext day aunounced their fnybility t rifficate. It 1s clear that Mr. Ha e petitioner, and why {8 his admits of noother solution tx i this; 1l ormed _of iLe ap) fon, aud ippe on b roment_to contest i o Government it of the Gov wits the prosecutor of M, jligan, who wimed that his mprisoument was illega and_ songht in the ouly w e bonld to recover his liberty. The case was a grav one, and the Court unguestionably dirceted that the 1 officer of the ut should be informed of it. wery proper} , and as the facts Were uncontro- Serted, and He | itriculty was in the application of the | W, there was 2o useful purpose to be obtumed fiissuing he 'writ. The cause wis, therefore, submitted to the | Court for their cousideration and determination, but Milligan claimed his discharge dw by virtae of the act of Congress relating to g Judicial proceedings in 8, 19, Did that action confe Court of Indiana to hear this case § Iuinter the motives which keve operated with the tposing it are proper to be conside - of great mational «d i of free Govermment was in bjl(uu aginet the natioual authori 3 | ion thil history affords an exatuple Was aging, and the | ublic safety reguired that the privilege of tie wiit of ha teu corpus should be suspended. The President Lad practically suspended and detained suepected persons Gustody without trial, but his authoriiy to do {his v uestioned. It was claimed that Congress could excr &u power, and that the Legislature, and not the dont, ehould judge of the ‘,-uumnx considerations which the Aglit o suspend it rested. The priv $his great writ had uever before s eitizen, and a8 thie exig of the t tiate aetion, 1t was of the highest importunce Ui Ev:luhuvu of the suspension should be equally ished. It was under these circmmstances, wh el 08 to arrest the attention of the country, that The President was authoiizd by preding a law islature in | s law was our heri- ed re- g u withheld frow the tiwes dewnanded im W WaS puspend the privilege of the wilt Whenever, Jn hie judgment, slet) quired, and he did, by prociumation Dearing | Sue'ith of Beptember, 189, reciting among 1‘;lulx | to suspend it | jugs the authority of this stutu e suspension of the writ docs noi au of any one, but simply denies to oue ury of this wiit , in order'to obtabs his 1 therefore, to fuauire under what circs rize d the i Use privilege )d rightiully refuse to grant this writ, ml-m v;a!n! llm-nly!cm\'(»l.wlm id. ‘The Re ond and | 5 sy 8 o hird sections of the lsw are explicit ou these points. The | o0 ‘ (uring the Relx 10 W o e g o ol ! Juries upright, intelligent, and sele | platn and direct, aud the meaning of the € rabal sypcinted by tho I et el safety demanded arrest a suspected of his Wil the ad- 1s was un { a Grand Jur and did not in language is 8 carmot be mistaken. The public t if the President thonght proper to rson, that hesshould be required to glve the can jetention, on the return to a writ of habeas corpus. templuted that such persou should I Jy beyond a certain fixed period, wiless ngs known to the conumon law st him. The Secretaries octed to furnish to the jus cd ftates a list of the vaiues 1 prisoness of war, resident in their resp fve furlsdictions, who then wore ul held i enstody by the authority %. and who wnflniu;m%' l;w .-‘ml«, i stration of tug i the Poderal tribun Mupaired. Aljgr the Wiag fiirnishicd 1 of the Distiie eonn}m{ and ndjeurned. dict or presnt one of the persons thns tntitled to his discharge, and it. was the G Judge of the Coart to order him brought before Lim to he dmfir,«hl{ hed--al it. The refusal or omission to furnish the list cordd ot operate to the injury of any oue | who was not idicted or prosented by the Grind Jury, for twenty daye had elaj from tise time of his arrest and termination of the Session of e Graud Jury. Hewas nally entitled to lis dischargd s if the st were fur &n«i’:md any eredible person or petition verified by af- javit could obtain the Judye's order for thut p Ailliga A fron llitary or nuval service, and the Gia trict had met after he Liad heen arrest 0 days and adjourned without tuking any proce sgainst him, then the Court had the Hight to enterts tition and determine the law fuliess of 1= i :nlnetlm word “Court” is not found in the body of the pecond section it was argued at the Bax that the applica- be:u‘mmonmlm\'e beey made 1o @ ju o the Court and | fency of the army mum&:mflfih. Bat this Is 10t 20, for power s ex- | uui\i\l]h) nodes of trinl thin conferred in the last proviso of (he section on the | common Jaw courts of the power con- qually with & judge of ¥ to disch - I ferred hy the Gonst red the meut. It was the wanifest design of | Kind of trial, aud the manner in Which they 1w v s committed while the party is in t ure a certain remedy by which any oné d U y could obtain it agaiust bim, Courts are not & Muionwdcuum\juugan|helh~vl rge ¢f the Gra befpre tuose who drp Iy confls v“r.n, could take per ste]i io procure their fiberatiol ' provide for | s contingency authority was given to the Judges out of | to grant relief to any parly who could show that | under the law he should he no ger restrained of ). berty. It was insisted that Milligan's case was defect e becanse it did not state that the list was fur '@‘1‘. the Judges g therfore it Wag . of T £y L which section Alfed. emission could It is ot easy to ce Bow this } fect. the question of jurisdiction. M- | “coutd Dot know 1hat the list was turnizacd unleas the | udre volunteered to tell nioy, !vi any record shovld be uade of Judfi'a‘{nlolmc it. ¢ aver the fuct, of the matter was & dmrrm lolfii “our{ Witpout an aver @ent! How can gwgnn b ped by the absens the averment, When ho siatcs that lie w for more than 60 days, he 1, 0f unybody bat.the | i the truth | | f | | serve no usefnl purpo | ol arrest | ) | ides | weaading, this ri I 1 | e Jaw did not require | 1 be saved and the guflty punished. Tt 18 in these words: D Crtminal prosecutions the accused ‘i public trial, by an imp 1 wherein the crime W District shall have b fo'be iuformed of (e naturc and Zation, to be confronted with the witness- mpulsory process for o) and to have the " These sccurit s wisdom ssary for the protection of L of crime. And so strong was the seise of (o country of their impo uee, and so jealous were T a {hese, Tiihts, highly prized, might, be denicd Fiean by implication, that when the il Constitution e e for adoption, it encountered severe oppo; sition ; and but for the belief that it would be so ame nled a8 to embr hem, would never have been atified. o e Bia praven the discernment of our ances(or evem the provisions expressed in such lish guage that itwould seem the ingenuity Kvado them, are now, after the lap , soughit to be evaded. Those gr aw that troublous times would u {0 iber had s those ac lan- 1d not than 75 at and good men e, when ruler and people Wi tive under restraint, and sce Diarp nd ¢ ures to accomplish ends dec just and proper ples of constitutio Ablish rty wonld be in peril unless es . The history of the wor was done i the past 1 ture. The Constitutionof the and people, eq the shield of its had ta; ce, and covers with classes af men at all times. No doctrine myolying more protection ail ) all ciream e ilons i mvented by the wit of man than th ) n e suspended dur- ing any of the Government. Such 1 d and despotism; but the theory of ¥ ol is bascd s fulse, for the Govermment, within the Constitution, has all the are necessary to preserve ita powers granted to it W existence, s bas been huppily proved fiort to throw off its just puth csult of the e fle rights earanteed by the Constitutic the case of Milligan, and if so, whiat are trial involves the ise of J\l- 1 what souree did the ry Com b Lovity | Certainly no p: the ju the country was conferred on thew Constitation _exp vests it in one Court, and such inferior courts agress ity from time to time ordain and estub- ed that the Commission was a hed by Congress, They eannot f the President, because he is appropriate ) lie laws; and th N resort can bo had as that the jurisdiction It can asource of jur is complete under the usages are, whenee the whom they 1 zens of Kta Go wiopposed and its u jons and Tedress grievanees, could sunetion a military trial they W ever, of a citizen in civil life in no wise comnected with Con it 1o honor of our National Legisla been provoked attempt its exercise. 1% was therefore in- ourt not erduined | ored of jud ot sie- hias y even Lo Ational provis x tried by nev ted during to the Cir be urged & t s husiness and et it and re its judgments. 1t wis triotism by urt met e led no i ry aid to execute ermivently if Vould 1 Milli pun nelnde t! shment, engaged in the telal of never futertupted in criniind it . dist tigjlon i affairs to cange he conspired and comfort to R The law him powerle 1 Government, and incited the peopl m, confine him clos i [ proofs of distr ceording to the ¢ cn done, the Cox the Taw of 156 enforces herty preserved and dom v an whe a Jury of t if indicted, try { this had vindie urse ot 2 of the Fe tion, and jud n often invoked (o seftle helt (e m Aty 10 one lie right of trial by jury was foitified B tlack. Itis no the ¢ 0 be giv ry—is attached viee. The o) It th ing in the wilitary or naval forces, or in the u in etval service in time of war or public Coustitution doubiless in the A the framers of the it the right of & ury 10 (105 DETSONS whe T it T 108 fifth, The disciplin 1, for offc or_naval servie the b ( one connected with | is a ble to the | < created for their hus serviug surrenders his the civil conrts. Al other | e the Courts are open, if guaranteed the inestimable | This privilege i< a vital pr duinistration of eviminal jt b fritter Wi Jur government, snd whil rght to be crled by citfze s ¢ ith the erin e of trisd by Jur wderlying (e W hol is potabicld by suffer ¢ feznards need and sh watebfil care of those iutrusted with th the constitution and laws. 1n no other tority uninpaired the b ated by Uhé s s of the B which should Luve comsidered his ca | 1 Itis appareut, theryfore, i iy HatRogrtal AW COVER v s Xt of 1363 the Circuit Conrt of Thd ceedipg® of this military commission. Jurisdictién to adjudicate upon this cu {-this: That In A thme of war the comma could not 60l GUEstions vital to ghe fo in his opinion the ¢ cies of the o the cause, they had the authority, as we have syoten in | dewand it ged - of which e & provious part of this opinjon, and it was their &ury.m 1 Uss Fhfi Witlify == tne . Jive pertify those questions of disagré@inent 1o, s Court for WAllAR et 10 suspend all civil rights iyd J!.nu oclsion. It was argued :Smx a fival d dies were sabject presented onght to be wade, bocause dhe of his wi ho were dircetly concerned in the arrest and detention «f Milligan were ot before the court, and their rights | ht be prejudiced by the answer which showld be given | to uestions. But this court cannot kuow what re- turn will e made to the writ of lifboas corpus wben issied, and it s very clear thut no one is conclusive upon jon that may be raised to that return. In ihe of tae law of 1802, which authorized a certificate of divizion » final decigion means final upon the points certified—final upon the court below, so that it is estopped (row any ad- werse ruling. But it is said that this case is ende yption 1 thut Milligan was hangcd in order of the President. Althong) we )l on thie suby yet the luference alive, for otherwise learn n'n and urge this court to decide his case. in this country of written Constitution and vuflkm department 1o interpret thein, thut o fagistrate could %0 far forgetful of L aato_onder the execution of & man who denied w tion that © and a8 before the Federal judges with power to decide it, who being unable to agree on the grave questions in- volved, Liad, according (o law, seut it to Au Supreme Court of the United States for decision. But then the jon is injurious to the Executive and we dismiss further consideration. There is nothing to Linder is Court from an fnve-tigation of the merits of this con Iroversy. The controlling question in this case is this— upon the facts stated in Milligan's petition and the ex- Whits filed, had the Military Comuussion 1 tflsflleuun legally to try and sentence himt Millig it resident of one of the rebelious States or n priso of war, but a citizen of Indlana for tweunty years past, nover in the Military or Naval service, is, while at his €, arrested by the Military power of the United tos, and on certaln criminal charges preferved against , tried and convicted and sente to be haaiged by |fim;y Commission organized under the direction of Military Comwaunder of the Military District of India Fad this tribunal the legal power aud authority to try and punish this mau {, No graver question was €y sidered by this Court, nor oue which more 1 werns the rights of the whole people, f¢ fi‘:: of every American citizen when ¢ b be tried aid punished according o la er of punishiment is alone through the means whieh the laws have provided for that purpose, and if they are incffectual there & an immuuity froin pouish- went, no matter how great an offender the individual nay be or how much his erime may have shocked the senso of fustice of the conntry or endangered its salety By the protection of the law, human rights are secured. Withdraw that protection and they are at the mercy of wicked rulers or the clamors of au excited people. 1f there was law to justify this wmilitary trial it is not our proviuce to interfere; if there was not, it is our duty to declare the nullity of the whole proceeding. The Acel of this question does not depend on wrguinent, for judicial precedence, nunerous and lufmg- illustrative the the convicted im after his case n they are; these precedents iforu us of extent of struggle to prescrve the liberty and to relieve those eivil life from military trials. The founders of our nt were fumiliar with the history of that strug- secured, in a written Constitution, every right the. pungu ‘had wrested from power during a con- of 3y that w fest Ar. Constitution, and the laws author- tzed by it, this question must bo determined. The pro- wisions of that instrament on the dministration of criw- {nal Justice are too plain and direct to leave room for isconstruction or doubt of their true weaning. Thos epplicabde to this case are found in that clause of the o, :x}olmtluulhm 'hl‘:fh ‘n_vn. "‘}Illl the l'llrll‘l‘. of 'ull case mpeachiments, be by - Py Sk st forth, FLch and sixth articles of thi the fourth proclaims the right to be seeure st unreasonable search and gl warrant shall prohable cause, Kup- rin " The fifth de- wlares that 1o person shall be held to answer for a capital or otherwise infamons crime unless a pre- wentmeit by o graud Jury, except in cases arising in the or naval forces, or in the militia when in actual ser- viee, b thne of war or publie danger, nor be deprived of Iite, liberty, or property, without dune process of luw; and the sixth guaranices the right of trial by jury in such soanner and with such ulations that m!fi nprizht Judges, Spartia) Jur cs, wud ais wble bar, the luuocent il officer or the restrained, it is o h dent of to the or dom i convenience, ot can, if he chooses, within the limits, on the plea of neces th th roval of the Exceutive, suby and to the exclnsdon of ‘the o 0 and punish all per 3 without fixed or The statement of this proposit‘on shows its v it true republican government is a fail is an end of liberty regulated by law, mar- aw, lished on such & - guarantee of the Constitution and ef wiiitary independent of and superior to th the attempt to do which ¥ the King of Great deemed by our fathers, snch an ¢ hat they assigned it to the world, as 40 canses which fmpelled tacin to declare th dependen®e, Civil liberty and this kind it ot endure together; the antagonism d fn the contlict on il power— Britadu was wwavs it will always at > 3 men, ambitious of pow contewpt of law, Washiugton and Linc and the calamities o human life wnd lib gt our fathers had failed to provide for just sueh @ con- tilgency, they would have been falce to the trust reposed in thews.” They knew, the history of the world told them, the nation they were founding, be its existence short or long, would be involved in war, how often or how on- tinued, human foresight could not tell, and that uni d power whercver lodged at such u time, was wpeciall hazardous to freemen. For this and ofbier welghty rei sous they secured the fuheritance they bad fought to 10: wating in a written Contitution the safeg had prov essential 1o its et ot one of these ds can the Pros- ident, or ss, or the Judiciary distarb, except the on¢ coucerning the writ of hal 12 Connell Hampton, report | illustr bwe cibe, note ouly for the principles or Court they bt on account of the distinguisued : the writ v o question in | wartial Law nnder the Federul constitution, and the ¢ did uot consider it necessary 10 whiat extent nor of Whiat cirenmstances that power may be think it Sate” We do vot deem it o them we find suffl re. t pudeed cnses, nud shall therefore | conclusions. But the opinfon which has Just heen re [ @l referenge 1o gty gows furtl pd a3 we understand 4t asserts not 1 qus ideh the Jiw ! on held in Ludipua ‘wos in opinion. that it was not in the pow | It Is proper to of Congress 10 i ; from which it may be thou, fv, i | to tollow that Congieas has no power to indemnify the officers who composed the Comission st lia bty tn Civil Courts for acting as menibers of it nnol agree to this, We inthe position that | measires d fue o great rely ntof the United 8t ress, nor the € ;| B z. The act of Congress of March 3, 1363, ane anders ap- | itary proceedin limits of certain military districts, and comin b e il the legislation which scems to require con. e ted tn_ them, aud 1t s urged that this, In a militaty comiprises al UL g e om. The, constitutionality of the theatre of military operi- i been and was again ny, the occasion was does ‘constituted them nd s in this caso Tndiaua b ith invasion D b, m.:-'.‘f‘ 'to establish martial law. The conclusle follow from the premises that it nnnle' ted in Indiana they were to be employe locality where the laws were obstructed a il the e uthority disputed. On her soil there was Lo hostile foot. "1 ouee invaded, that Juv sion was at an d all pretext for martial ln ¢ eud, and with 1t ol PO onded invasion, Tho neces- & this et his not been questioned, and is not doubted. The Tirat section authorized the suspension, during the rebel Tiom, of the writ of habeas corpus tiroughout tho United States by (he President. The two next sectlons limited this anthority in important resp cond seetion required that lists of all persons, in which the administration of the laws had con unitpaired in the Federal Courts, who were then held or might thereafter be held as ;rimuen of the United Stutes Under the anthority of the President, otherwise thap as oners of war, should be urnished to the Judges of the a furn: ot cannot arise from a pref O e intvesion | pth sity be sctua’ resent 5 the, Inviston | Bt wnd District Courts. The lista transmitted to trectunlly closes the courts and deposes the District Courts, 'The Lsts, transinitted o th Judges wi siding within th 1t is difficult to see how the safety risdictions oharged with nistration. v requ; ana. If any r respective of e eonntry requized martial law i JUCGRS St | Siotation of uational law; It I s Tequired 1 chscs Yhere the Grand Jury in aitendance upon any of o hier citizens were plotting tr power of arrest e e then unll the ¢ et was prepared e heir trial, when the courts were open and yeady to try them. It W easy 10 proteet witnesses before & e s military tribunal, and as there could be no wish o convict except on snfficient legal evidenc Oreanized and established court was betfer s of this than & wlitary tribioal compoued, o nt Lyl od to the profession of law. not tratned to PR an this subject that thero are oc rts should ferminate ite session without indictment or otherwise ayoinst any risoner named on the list, that the Judge of the urt should forthwiih make an order that such prisoncr discharge should be brought before him or 10 be discharged, on_entering into recogniz- the peace or for good helia- ourt might direct to be fariher these Ca proceeding by ed the Coul ances, if required, to keep. vior, or to appear as the e Deen eaid on Whis SOkt berly appilcd. 1t in | dealt with according to law. Every officer of the United slous when martial e 0 B BCPCouria are sctually | Btatea huving eustady of such, pritoners was qulred to i seible to o obey and execute the Judge's order, under penalty, for closed, and It 1o O en 6 ! Tay, of fine and fmpri ent. The third ) the theater of acti ¢ according to Law, the Iiitary ope e Mhre. war really prevails there is a 11 case lists of persons other than pris- 't firnish o substitute for the eivil authority » then held in confinement or thereaffer ar- t be furnished within 20 days after the lie safety of the urmy and rown to preserve " t eft but the wilita is al- autil the laws can have reates the rale, £ it lim- ut s continned after the )58 usurpation of power. of the in case of subsequent arrest within days after the time of arrest, that any citizen after the nination of a session of the Grand Jury without indict- wtment, might by r-umm allegin t8 outli, obtain the Judge's ordei of dis- cherge in favor of any person o imprisoned, on the terius and rnmllllum{pn-nrllml in the second section, Tt was made the duty of the Distriet-Attorney of the United crefse of their Juris- and in the proy diction. Tt 18 s ealliy i fties. Tecanse during the late Rebellion it States to attend examinations on petitions for discharge. fomced i Virgnin, where the national anthority | It was under this act that Milligan petitioned the Cireult heen was overturned and the courts driven not follow that 1t shonld obtain in Indi t for the District of Iudiana for discharge from fm- onment, The holding of the Cireuit and District it docs out 1a, where that authority wis never disputed and justice was al Courts of the: United States in Indiana had been e "And 80 in the case of o forelgn invasion, | interrupted. ~ The —administration of the laws i martia! rule may becom exsity fn one State when | th federal Courts had remained unimp d. Mil- it Id 0 lawless viol We | i as dmprisoned under thé authority of the glish and American bis- | P t, and was not @ grh«m war, ews of this question, but it is | No list of prisoners had furnished fo e to them. | the Judges cither of the District or Circuit Courts, as re- ided the Circait A Grand Jury had att quired by Jaw, ang District while Milligan was th cls ke particular > Teld when Courts of the Tudi ¢ first lament : fmprisoned, and had closed its session without finding ourts of the realm, and declar any indictment or presentment, or otherwise procecding p 1o man onght to be wdjudge tl against the prisoner. His case was thus brought within ' or any other offense without being w the precise letter and intent of the act of Cougress, wnjess uswer, and_that regularly when th it can be sald that Milligan was not imprlsiued by ai o thority of the President, and noghin this sort was clatmed in argument on'the part of the Gov 1 & clear upon this statement that the ( was bound to hear Milligan's itio writ of habeas corpus, called n the act an bring the prisoner before the Judge or th and 10 fssue the writ, or, in the language I ke the order. The first question, there writ to issne " must be answered in the affirmative it s equally elear that he was entitled to the It must be horne in wind that the p and it s a time lown to the present i 1 condemzied by all respec: to the fandamental of the sul open, peace it of Jaw: wed in this case, hus b 1a lish jurist con of th A anid subsersive of the libe During the present entury an fnstructiv carred in Parfiament soned by the and conviction by ¢ e . John Smith, s missions neg 1 g f alding and aly of Judgu s ol 1. debate on this trinl a, of the oes, on the ting a formidable insur the rection in that ¢ Those « , Lord | prayed Broughau and Sir James MeIntosh, A 1 that | the petition was not foran_ whsslute discharge, but "t denvitced the tria) as | anse 1t did ivered from military eustody”and_imprisonment, and, offense, to be tur found could not ably gullty of any not up) that the courts of Law in Dan try otfenses, and (hat “when the laws can act, evers the proper tribin quiry and punishment, other mwode of puuishing supposed crimes s guilty, to he disehar s mous crin S0 sensitive were o ‘express {erms of the act of Diis action of the Caurt. The priso ary fathers on this almost i a state d on giving such recognizan Court should re Iy for good behavia clamntion of mar X | 3 10 s the ¢ ? it for app e he to g 1" ercof to publish an order the use of martial law.” The be further dealt with according to law. The ure on the foin of the act authorized the suspension of the writ of a similar me: i Virginga Asseubly d a part of Gov King lin: of the lay n wus generally thronghout the United States. ud third seetions Hmnited this suspension in asos within States where the administration of the Federal Courts ren A unimpaired. In and under it the d Tav hich the | asstimed \ nils the aw ke 5 No_other Judge of &scharge under the the eireumstances pointed ot condemned as il <lons, one of whom for ma; Jurfsts It is eontended th years oceupled a seat on the beneh. directed by the o ¥ Luther agt, Borden, decided by this Conrt, s an authority for t jal Iaw advanced in'this ease. The ‘ pended. That case grew out of the | cond question, p i 1o sapersede the old Colouial ¢ acconding the petition « sintionary proceeding. Riode T8l third question, mamely, bad the Miitary an that pe 1 ¢ form of Joe pmission in Indiana un the facts stated, ju ™ ) the charter gray hy Khug Chit fon to try and sente Milligan st be 168, gud as that linaited swered negatively, 8 an unavoidable Intere and did not provide for its own { the affirmative wnswers to the other two, The Milit citizeps 1 diseatisficd becanse the Commission conld hot have furisdiction to try and s would ne A flié aclief in their pow 3 L Af he could not e ned in prison under Law foruida # new aid o wssert s A cuang it resisted thi ont the anth stitution, and pr arms. The old Goy hellion was formidable, it, and passcd the military ser *l‘ml in the regular exer: the lonse of Lutl nder It, in such st arrert Wi, Luther by writ might be suspend dangerous to the public o was Whethe e w Court beld that a | psted and detalued uotil after the t down an armed | d Jury. Until afier such session no I | person are could have the benefit of the writ, and ven then uo such person e AT e Court wight other Wiieh ferins 08 to future appearance as G impose. These provisions ohviously conte or sentence thy v eivil court, and w assert the legality ne n Military n under th specitied in thi 1 that of of tr ¢l nt, which orom uower 9f deseribed by the petition without ciury platn directions of Congress, that the two st g xtent of the dect ut the power of deel Luthe aring | firmative anawers o by these who and have not plead in their favor, is wicked JeCOMEs W1l eNOTHIOUs of u secret 1 n ald in 1 by the protection of the « f Judiee of thist In realstan ssent full mable val Al safegn s of t nities, d thus gver the enemics of the 3 tiere to light the torch of civil war, et v he throw the power of the United States. Conspliracies | thorized to arrest o 5 Jike these at such a juncture are extremely perilous, and | there are cases in which the privite the writ i those concerned in ihem are duugorons encmles to their | snepended, — tital - w punish by Military Cuviest e of the | Commission, in States vl Courts | , may be authorized by Congress as well detention, We think thet Congress h not exerelaed, to authorize the Military Nield in T i do not Think it ne 1as at Inrge the grounds of our con 111 brderly indicate s 1 S for hers from shmilor erimf thor & patriotic peopl of a five gov and it to st itution b fng questions {0 this ease 1 o v the aftiriu; The snspension of the privil of the writ | within th per spliere of the of habeas corpus does not suspend the writ itscif. n, 14 that er spliere ! Congress his Thi, Wit ssncs 08 n watter of course, and on the return | poner .19 Julse jnd support grwies, to - pro 1 to it the Court degldeg. whethd t§f 1»?',- 10T and mamtain a gy, to nke mle applying is denied the right 81 proceeding any further § for & government and wintions of _thg T Wit 1t 1f the ilitary trial of Milligan was cou- | and maval forces, and to provide trary to law, then Be Wad entitled, on the tim as moy be in the | in his petition, o be disch; W - | terns of the act of Coug government of the army and navy s to pro his law having and punishient by Milltary Conrts without Tt has been so understood and exerelscl o on of the Constitution to the present i s the fifth or any smendin arising fn the Lind i acty rvice in time not 1o the wllitady or na in_close confinement by order of U 1864, until the diun tained from the 6th day of Octobes January, 1865, when the Circuit Court for the district of T pressly ex Indiand, Wit & Grand Jury convened in session at In- 0o perss a or oth dianupolie, and afterward on t th duy of the same mouth adjourned without finding un Indictment or pre- sentment against b, I these averments were to 2 and their truth 38 conceded for the purposes of this ¢ “the court was required to liberate him on tak tain otk preseribed by the law, and entering fnfo re ut or lnd t cognizance for his good behavior.” But it is usisted that a8 u prikoner of war, and therefore excluded . « o privilege of the ate. It is not easv to | powers, and had b 3 prod how he can be treated as o prisoner of war when | tion. The States most zealous of encroachmen s u proposing additional » L exeluded specitle i cenment of 1) Thus Massachusetts proposed tried for any erime by which he would fnenr an_infamous punishment or loss of Vife until hie be first indieted by a d dury, except in sich cases vernment and regulition of the land The exeeption in similar nduments, proposcd &, Maryland and Virginia, was in th e or The amendments proposed by the sred by the Ist Congress, and such s ) n substance were put in formand proposed by that body to the Stal s proposed and subsequent] 3 us it Tiberties of the citizen, whe guards in the form of an from their effect cases land and naval f thitt * no person ¥ ived in Indfana for the past 20 years, was arrested and liad not n - during “the fato troubles o t of any of the Stat jon. If i Indiana with bad assist the enen, ; hut whi 4 of war, for he agatnst the aptured, are fmunities at w ean he A in Jegad ud only sue If he s iy arise i the forces. o sub) t well as the kindred e # and Horsey, w {m:«'nl of atgthe last tero, and the proper orders wer ered on record. There s, therefore, no additional entry required. now stan \:‘ cunnot do ment was int. Fox parte, In matter of Lambden P. Millivan, petic On a comtifiente of division of opinion a8 the ave pro Judges of the Creuit Court of the United AT L0 A COUStIICT iipose on the exeeption in th ] other than that obyleusly indicated by the Ktute Conventions. We think, therefore, t of Congress 1 the il it of th i District of Indiuna, Mr. Chict-Justice Chase de red the followinz opinion r wembers of the Court, conenrring with their brethren in the order heretofore’ made fn this case, but unable to concur fu some important particulars With 1t is essentia) 1o the safety Government that in a great crisis like the one we have just passed throush there shonld be a power somewheré of suspending tie y war there are wen of ireviously cllow citlzens to re 8 ned necessary by & good Government to sustain its just anthoity and overthrow its enemics, and their inflience may I dangerons cow ns, I the emergency of th immediate public investigation uccording 1o 1aw may Dbe possible, and yet the peril to the country may be too - 1niient to suffer such persons to go at large. Unques- tionably,there is then an exigency w hich densmnds that the G meut, if it should see fit, in the excrelse of & proper +tion, to make arrests, should not be required lolprw @ the persons arrested in answer to a t of habeas corpus. The Constitution goes no further. It docs not say after u writ of habeas corpus is denied a citizen that hie shall be tried otherwise thin by the course of common law. 1If it had intended this result it was ensy, by the use of direct words, to Jave accomplished it. The iliustrious wen who framed fhat fnstrument were guarding the foundations of civil Hberty against tho abuses of un- limited power. They were full of wisdom, and e lessons of history informed them that a trial hy au established court, assisted by an fopartial Jury, was the only sure way of protecting the citizen agalust ogprcmun and wrong. ~ Knowing this, the, liwited the suspension to one it rigl le the rest to remain forever inviolable. But it is insisted that the safety of the country in time of war demunds that this broad claim for martial luw shall be sustained. If this were true, it could be well said that a country pre- werved at the saerifice of all the cardinal prineiples of liberty is not worth the cost_of preservation. Happily it s not #o. It will be borte in mind that this is not the question of the power to proclaiin martial law when war exists in w community and the courts and civil authoritics are overthrown; uor 18 it a question what rule a military commander at the head of his army can impose on Stutes fu rebellion to eripple their resources und quell the insur- rection. The Jurisdiction claimed {8 much more ex- tenslve The necessities of the relellion required that tue Joyul Blutes alould be plaed within the s und of the militia Is not at all in not the opinfon which has just been “read, think it y other amendm I their duty to make a rate statement of their v precise definition of the boundaries of this pow.r. views of the whole case, do not doubt that the | But may it not be said that government fncludes T protection and de ws well as th ternal administrationt And it is impossible to imagine e attempting the de Nutionul forces, may be vy trial and punisfiment a Cirenft Court for the District of Indiana had juris diction of the petition of Milligan for the writ of hibeas Wiether this Court has jurisdiction upon the cer- of division admits of moye question, The constru tion of the act authorizing such certificates which i ctlon or great o ju Congres 1 hitherto prevailed h dendes jurisdletion in cases where | the just exérelse of this nndoul pstitutional power! the certificato brings up the whole cause b Cotigress I but the agent of the 1 and docs not the the Court; but none of the adjudicated cq rity of nat the £ his, as of are fy in poiut, and ~we are willing to | every other 1 the fntelligence and virtune resolve whether doubt may exist in favor of the earliest | of the pe A private liberty, possible auswers to T estions Involving ife and 1. | upon officis by law, and erty. gree, therefore, that this court may proj upon the frequency rather than upon answer tions certified tn suck a case ax that | doubtfu} constructions of legisiative power! But us. The crines with which Milligan was charged were of | we do not put our opinlon that Congress might the gravest churacter, and the petition and exhibits in | authorize such a military mission a8 was held the recoid, which must here be taken as truey in Indiana upon the power fo provide for the g t of the Natloual forces. Congress has the power not only to ralse und support and govern armies, but to declaro war, It has, therefore, the power to provide by law for ullt; but’ w er his desert of punishme) s mere fmpo: ant to the country wgl to ¢ that he should ot bo punished under an illegal rentence, sanctioned by thls Court of last resort, than | carrylng on war. This power necessarily extends to L s S T R R L T TR T P i which protect the liberties of the wholp people | and success, except such as Inferferes with the coni- mand of the forces and the conduet of enmpalng, must not be violated or set aside in order to inflict, even That power and duty belong to the President, as Com- upon the guilty, unauthorized, though merited Justice. offenses, either of soldiers or d'fllllla!mlm in case of a con. ~lling necessity, which justifies what it compels, or, at least, insures acts of indemnity from the justice of the Tegislature. We by uo means assert that ‘Congress can establish and apply the laws of war where uo war hus heen declared or exists. Where peace exists, the laws of peace must prevail. What we do maintain is that when the nation is involved in war, aud souie portions of the country are invaded, and all are exposed to invasion, it is “tiin the power of Congress to determine in what States or districts such great and public danger exists as justifies the suthorization of military tribunals for tie frials of crimes and offenses against hl'4iwiqllm-nrut‘urflyonha army, or against the public safety, In Indiana, for exam- ple, at the time of the arrest of Milligan and his eo-coa- spirators, It is established by the papers in the record ¢ the State was a military district, was the theater of 1 tary operations, had been actuafly invaded, and was coi- stantly threatened with invasion. Tt appears, aiso, that & powerful secret association, composed of eitizens and oth- s, existed within tie State military orgnniz corspiring against the draft and plottiug insurre the liberation of the prisoners of war at various depo the seizure of the State and national arsenals, armed om with the eneioy, and war against the Nati We cannot doubt that, in such s tin I wieer, Congress had power under the Ce fon to provide for the orgrnizat sion, and for trial by that C gaged in the eonspirs The Courts were open was regarded by Congr ficient reason for not exercising the power, but that fact could not deprive Congress —of the right to exercise it. Tiwse Courts ‘might be open undisturbed in the exccution of their functions, and yet wholly incompetent to avert threatencd danger or to powish with adequate promptitnde and certainty the Kullty conspiratore. In Indiana the Judges and offlccrs of the Courts ce loyal.to the G crument. But 1t might have been otherwise, In times of rebellion and eivil war it may happen, indeed, that Judges and Marshals will be in active sympathy with 15, and the re We have Courts their most efficient allies con- fined ourselves to the question of —power. It was for Congress to determine the question of expediency, and Congress did determine it. That body did not see fit to authorize trials by i pissions in Indiana, but by the stroug- " }INI]I“I“"II them, With™ that proli- bition we are satistied, and should have remained silontif the answers to the questions certified had beeu put on that ground, without the denjal of tho existence of ower which we Delieve to be constitutiona and fmportant to the public & a denial which, ws we have always seems 1o draw 'in question th from prosceuting the m sfons, who acted fn obedience to t whose action, whether warranted by law or not, was ap- sroved by thiat upright and patriotic President, under hose administration the country was rescued from W threatened destructh We have thus far said little of law, nor do we propose to say much, What we ly said eufficiently ind; fon is no law “for the G nt, the armies, navy of e miin American jurisdiction which is not ived from the Constitution, find wihoi- 1 our territorial liwie i Vitvy Ko bey 1 o beyond” the aith cistation of Congress, There three kinds of military jurisdiction ercised both i pe ul war; another to he time of foreign war without the boundaries of the Ur States or in tine of Rebellion and elvll war witiin & 5 or districts oeccupled wls treated as belligerents: and a third to be exercised in tiwe of or insurreetion within the limits of the United rebellion within the limits 1 fonal Govermnent when th und fn acts ar, or other- ational W 3 cribing rules and a wise p g for the govermuent of the forces, seoond M be distinguish military cernment superseding, a8 deemed expedient, the local 1 by the military commander under the d of the Pr of Congr while the third may be den Taw proper, and is called into action by Congress, porarily, when the action of Congress canuot be invited, and fu ‘,.-mlau-m_m.;: or excusing in time of peiil, n times of fnsurrection or fuvasion, or 1 war, within districts or localities where no lohge private y y and rof alities to 1o rize Is sectirity and safety of the derived from its constitutional authority to port armies and deelare war, if 1ot f anthority to provide for governiag the nationul for We have no apprebension that this power, unde Amcriean systeim of ernment, in which all oifi authority 18 derfved | g people, exe 1 direct responsibility to the people, is more abnsed than the power to regulate cowmeree or the powes Ve willing to give or to assent n which seem ripple the constitutional auguent the public rism and rebellion. Justice Swayne and Mr. Justice these views, INpUsTRIAL SCHOOL oF THE MippLe Duvrenr rer.—Two hundred and forty little girls, In clean frocks and with happy looks, eame together on Saturdey, in the Middle Duteh Chureh for their Chiisti T tastefully decked with evergreen by Dr, Lrimlye, b Humiiton « 1d M. Eliic Washilug - city, with his fri © this evening for Hovy" s Marr O1p Pavorw KNOX 15 AN s vow on exhibitlon o great Ha st., excels in Ve atoek of 1 ant ever seen, and, though le than ever. sdway, comer of Fuit a8 they were, & Pons 1+ the most unigre and o rrason s oiaeny serica sparkles with : 1t is niques- o for a copy. 18 Broadway, New- e t say, are offered ub prics W, Jkwxings DEsosEsT, N X Tanbepe e iy wkling and brilliant MacaziNe tu the Jamuary uwawber of Dexonkst's The most & T rSETL 78 YT VT § RO VTR S ST RTINS DRI RRY* F. faithful, eat and wire Sealds, Gathered Corus, Ke. FERMAN OINTM xhtest dang iseases, &e. ertelu eure rofula, salt rhe ud by all o Al wh wounids, No. 8 Bowery, 1 o T (Gl everythin 7 el \ GR i Cary TINE RATES (}ul.n y SHELF CURTAINS, the OLYMPIC ua, THE HUGUENOT on i prices to OLD W HEADACHE obvis OCKING BUSPENDE and SI o 8 TINDOW SHADES FOR STORES, FOR SKYLIGNTS, FOR DWELINGS. G L B. RELTY, No. 447 Broatwar /\ GREAT HUMANITARIAN INVENTION, IALL'S PATENT RUBBER CUSHION v wend for elre Y MOUR \ res T culars, FIN, Prof MCCREEDY, Dr. SOEGGERATY, Prot. J. R WOOU, etas 4 s the ONLY KNOW! . BLIGHT STIMULAXT, SLIGHT STIMULANT, NEITHER EXCITING NOK IRRITATING, Awarded with three ¢ FOR HOARSENESS, LOSS OF APPETITE, ALUM AND DRY PLASTER FIRE AND BURGLAR, Are 0w cousidered the Best in the World, M5 EROADWAY, New York. h CHE UT¥T. Poiledelphia. . ans ¥y Priucipal Warchonses, | * ENTRACT BIAGE OF HEALTH NO. 512 BROADWAY OFPPOSITE BARNUM'S MUSEDM, ‘G AND DEBILITATED. SICK AND SUFPERING, OLD AXND FREELE, 1 to the tnt-odumi BOFF'S MAl EXTRACT BEVEKAGE OF BEALTIL References: The most eminent phyaiciunn in this eity, 'LELEY, Dr. DETMOLD, Dr. GRIP- No. H2-BROADWAY=No, 12, '+ 78 heverage, w0 renowned thro uabie efiects © ‘. Nourishirg, s1d STRENGTHENING TONIC, than ale or porter, and therefore, | HOFI"S MALT LXTRACT BEVEKAGE OF HPALTR Thisd: A8 INTISPENSABLE 0 LADIES OF WEAK CONSTITUTION, XADIES OF WA CONSTITUTION MOTHEKS NURSIYG, MOTUERS NUKS] NOFFS MALT EXTRACT. BEVERAC “I;F\"’IFAKLE“\ VHEN TAKEN 'Wanm. IS THE DEST AND MOST AGREEABLE REMED} i oua Silver Mede i3 uel iu the trot Hospitale and Fu NTED, DEC. 18, Jue, COUGHS, BRONCHITIS, INCIPIENT CONSUNFTION, FOUL STOMACH, BISPEPIA, PRICE $6 PER DOZEN, with & Diseonst to Whalesale Dealers Ore dozer and npward delivered fn any part of the city free of chage Ciroulars sent on ap; on. Orders by mail promptly exeentad. 'S MALT l‘\‘Tl:.\('T DEPOT, 54:2 BROADWAY. OFPOSITE BARSUM'S. HO¥ RLPHIA, Chosturt sis e — n PONCHASKD 0¥ YOU. equal to any one of Truly yours, L1, fiorees, Tarriages, DAMS & CONE, No. 684 BROADWAY, in Vite purchesers to fuspect thelr extensive asortment of frat class eity- bullt CARRIAGES, comprising CLA UKS, COUPES, LAN- DAUS, COACHES, and other flue close spen work, made of the best Jwateriale and by the best worken, at thelr own manufacto; FoR SALE — Four l:u‘tgo' oW two-horse TRUCKS. Apply to B W, WILS m_fl Y. of RYERSON, 1iE new LIVERY STABLE BROWN & DAVIS fa norw completed and open to the publie. This o keeping of borses, conveulent to the ear wnd e routes. attention of those Reeping horses 1y reapectfully ealled t this stable, aud alwo the patrosage o those liviug oub of town and accustomed to drive into the city. RYERSON, BROWN & DAVI wolicit ¢ trial and sentence of Milligan were by a Military | mander-in-Chief, Both the Commission, convened fn Indisna during the Fall of lflu’. from the (Tnllnlllllll(‘l,n, hu’;L.Om‘ h:vrur-ll lz-fl::t{";; The action of the Commission had been under cousidera- | that fnstrament, Thelr extent must be determined by tion by President Lincoln for some time, when e himself | their nature, by the laws of nations, and by the iciples became the victim of an abhorred conspiracy. It was ap- of our institutions. Th y proved by his suceesor in May, 1865, and the sentence Was e 1 it oer 10 6ataxtar I ths Fresl laws 16 in Congress ; the power to exccute, in the Pres ordered to be carried into executis The proceedings, | dent. Both powers imply many subordinate and anxiii- re, bhad the fullest sunction of the Executive | ary powers. Each 11 -lmlg« wll ul{nharmu essential to ity Department of the Government. This sanction | due exercise. But neither can the President in war wore requires the most respectful _and the most | than in peace intrude upon the proper authority of Con- careful consideration of " this Cowrt. The sen- , nor Congress upon the proper authority of the ‘vesident. Both are servants of the peoplo whose will iy ex in the fundamental law. (:mu‘n-uflmnutl irect the conduot of eampaign, nor the President or any com mander under bim, without the sanction of Cotgress tustitute tribugaiw for the triad end puslshiveie of tence which it supports mut mnot be set aside exwrt upon the clearest convietion that it eaunot be re- conciled with the Coustitution aud the constitutional le Islation of Congress. We must inquire then what consti- tutional ur stututory Provisions bave felation (o Lys il Mo LBt 120 West Thirty Aecondst., near Si Sl.El(iHh‘. CARRIA 100 SLEIGIS for SALE, 1,000 straps SLRIGH BELLS. €. WITTY, CARREAGE WARBROOMS, No. 639 Broudway, near Bieeckerst SI.I'?IGHE AND HARNESS. No. 100 Literty st. and Now. 28 aud 0 W et Broadway, INGLISIT KERSEY MOKBE BLANKETS, . 2 and 30 West Drostway, 9 W Moty v Tron Frae, pateated June 5, 1566, This invention cousiste i provid the instrument (10 sddition to the iron frame in PRONT of the soundbo with aa fro PECE, the ing the i exported to Burope in large wombers aud actually used by the great Vo st n Buropeas concerciovns country, and & PRIZE M i competition with the best makers of this country and Europe. aniversally couceded is abundaatly proved by the very fa and testimonials recelved during the past few monthy from the MOST CEL OF EUROPE Mile. A. Goddard, Chas. Halle, Jules Beueliet, J. L Mattow, James M. Webll, Carl Reinecke, Trisiey Riehanis, G. A. Osborne, W. Kabe, Gialio Wigoud, 8 A Chappel, Y. Voo Areeld M. W. Balfe, No. 652 BROADWAY, NEW-YOR " STEINWAY & SONS' GRAND, SQUARE AND UPRIGHT PIANO-FORTES, 35 First Premiumse at the Prinei} Id%fi’ this corviry 5t 10 years, aud also were awar g Medal ot the Intervational Exbibition in Londos, 1062, in competition with 269 nos from all parta of the World. That the kreat superiority of thess instruments s now unfrersally rone proven by the PACT that Messra. Steiuways’ * scaies, f coustraction ” hate heen copled e most eminent pia aud Aweriea, eir owa public asd private use wheuever acres: atent Agrafe Arresgemcot” ry Plano s constructed with their D DIRRCTLY To 7HE WLL Dnox P NWAY & SONS divect special atteation to their newly invented PIANON, with their " PATRNT KES0NATOR " and DoTnie providic Face fraite 1o the RRAR of it, both fraises being cast it RN salidity of construction and capacity of viasds ned in that cless of instrument. e 4o ndhoar e vicest desirable poiot. toue, a8 well as elasticits ard m, of these new Uy Piasios, have elicited the une 10w of the wusieal profession snd all who Dave confdentl offer thess heantifal nstrumests 49 Jower of music to call aud examine thein LBRATED EUROPEAN PIASIST Sept 29, 193, frain from_exyiemsivg to 1 ow IN RYRRT KESPRCT MATC 2 concert in Brasswiek), aud | des.r@ A= 10 perfonm upon oue of thesd { Johav Davi Hoerle & Pisnos—ol cwirv: witbout delay, b % DREYSCHOVE, inglard. . England, Feb. 4, 1806, 10 see the ranel ¥ n and Planos (which | nsed at my Toxpox, pleased erii‘eates you bave s deservs of any weight, yon may sid v wexpRenTH Plaso-Forie recital as itenbam. th, since my arrival bere; that darlag four snos of ail the et B Mpssns STRINWAY & Sow s are making, aml the nu Shoakl me humbl ufactarers, but ba i thie Grand Plasos ws: o reud e WILLIE B, PAPE, the Prineess of Wales. American 1siion utg Planist to . K. STRINWAY & SONS PIANOS aie the RFROOMS: FLOOR OF STEINWAY HALL, NOS. 21 AND 73 EAST FOURTEENTRAT, Eetwesn Fourth-ave aud Irving place, NEW-YOKRK. GRAND, SQUARE AND UPRIGHT PIANOS led SIXTY-FIVE FIRST PREMIUMS, G OVER ALL COMPETITORS at the priucipal fur in th4 AL AT THE WORLD'S FAIR, LONDONg AT SUPERIORITY OF THESE PIANOS is 1] g Intters THAT THE ATED PIANO-FORTE MAKEKS AND LEADING ARTISVS Among others way be meutioned: o & Soms, Lordon land, London. Rese Fararger, Lindsay /oy Sydney Swity, Mr. 1. P. BROADWOOD, frm of Broa Mr. C. D. COLLARD, Srm of Collard & (¢ L. Moscheles, Alfred Jaell, Louis Plaidy, asd many others. QUARE AND UPRIGNT PIANOS, WITH ¥ULL AFFE BRIDGE UNISONS AND ALL MODERN IMPROVEMED s Every instrument wae by ua is flly warracted. GRAND. AG WAREROOMS: 46 WASHINGTQN.ST., ROSTONY pal cities of the Union. & No. Anthorized Agents in all t L, ~ RUPTURE. Wi Tk U and aetion Thess irstrnments are ¢ new, both in ein s AL O TR LN, vh‘v’f N PR K5 TRUSS Co. ""n.fi......"v. “LEATHER BELTING. batiaate cases of T LEVER a0, & MIUKCOX Ne. 93 S P