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gra ,aBBaga^aeMMPM: 11 ^?n3Pch^^ VOLUME XXV. - CAMDEN. S/C.. FKIDAY MORNING, JANUARY Is, r^|^H > u^uiuij t. . ^ .; mm isfifflsffisrai . PUBLISHED WEEKLY BY THOMAS W. PEGUES. ,. TERMS OF. SUBSCRIPTION. i Thrde Dollars a year Casii?Four Dollars If payment js delayed three months. rates of advertising, 1'eu sqltare. Eor the first insertion. Si .50: for the second, $1.00; for the third, 75 cents; for each subsequent insertion^.50 conts. V^r>r". Sqmirmontlilyv Monthly and Quarterly ntl'*v - i.Terfisen?ciit8, $1;50 each. insertion. ;*- The spac e occupied by-ten -lines (solid, of 'V'' ". ~ REMOVAL; TIIE subscriber would reepecfllilly inform his friends, customers and -the public: generally, that.hc has removed lus TIN' ESTABLISHMENT, to the stand two (2) doors below the store of Mr. II. M. Kennedy, where lie keeps constantly on hand, of his own mantic.atim.n .. .Anminln AmA.ir.innl nf V ' TIN WARE. at wholesale and retail, at prices which,cannot fail to give satisfaction. He will attend to all orders for Hoofing and Guttering. # Lard ami oil cans. Stove-pipes, kc., made to order at short notice. ' Repairing done at all times and Via reasonable terms. He hopes by strict attention to business, to . merit the patronage so liberally bestowed on hint heretofore. J: It. GOODALI5. Dee. 7?tf. ~ * 'For Sale. "" THE subscriber offers for sale, his HOUSE and LOT on Lyttloton street, Kirk wood. The House contains ten (10) upright rooms. The Lot meaiures. on .L.vttleton street four hundred,and sixteen (4-1(5) feet, and two hundred and sixty one (201) iu depth. For terms, apply to Ja:jkr Junks. S. T. HODl.N'SOX. Dee. 28. . x 4f. ^ . < f - Notice. ALL persons indebted to the subscriber. , either by note or account, arc hereby notified that unless some satisfactory a/rftngeiment be oniric, previous to the 10th .day of January next, they' will be placed in" the' hands of an Attorney for collection.' The Subscriber, on account of ilMieal'tih,vjs.' compelled to close his business. . '* P. 1I>V0GRE-: ''' Dec. 28. rj ?* PRIME HANDS, to work on the Mediae It) Plantation-adjoining the estate of .Mr. Thomas Lang?one of the richest And mostproductive plantations on tlie Watcrcc ltiver. * For information, or to make contracts, apply to John Cantey, on his plantation, or to A. M. Keijnedv, Camden. JOHN CANTEY. J. I). KENNEDY. " Nov. Ifi. 'r tf ' rJOTICK rpiIE undersignou is prepared o fufnish L BAGUlNti and HOPE, and pay flic Hevenue Tux on till COTTON consigned to nis ?v?rrcspo)tdents in Charleston, and pay over #ctt proceeds here free of commission, ^ct. 1 J-tvL-s. C. PELT.. Special Notice. ALL persons indehlcd to the late ftrtn of MAT1IKSON it CO.. either by note or open account, tie requested to come forward and effect a aotthtiiioiit, or the']iapers will be placed in suit for immediate collection. C. MATHI5SOX ,k CO.. Oct. 12?3m. In liquidation. J. K. WITHERSPOON, .BUCTJt&JTJBEJZy RESriX'TFULIA'inComs his friends ami the public generally, that lie continues .the sale of all kinds ufproperty at Auction. Jlcwill attetnl sales any wit ere in Kershaw District, ami his charges shall he as low as it is possible. His services shall besatislaelnry or no charge will be manic. Dec. -1 A. S, mbboweyT aA-uctioneer, WLL attcml in jicrson to the selling of a Ispccics of properly?; public sale, eith er in Cara:len or surrounding country. Persons having property of any description to .dispose of, and wish my services, will he waited on by giving tne timely notice. My charges for services rendered will be in keeping with it he times. Oct. 20,?tf. MERCHANT'S HOTEL, CORNER OF KING AND SOCIETY STS. ( harlcston, So. C'a., SAVAGE & ENSIGN, Proprietor*. J BBSS I,. KAY AC K. KHWJX II. KNSICX. Nov. 'J. .'ho "PAmiofHOTlL CIlAliLESTOX, S. C. mriv \ i> TTATn. fu . | .11./ j..ju.w lw. v .... I thoacconimmlatinn oftho Travelling Tub lie. Board per da v, S3. .Mrs. if. L. BUTTE IIFIKLP, Proprietress. A. BUTTERPIEI.D, Superintendent. Sot. ill. :>in Estate Notice. A EI. persons having demands against the estate of the Into Wm. MeKA IN, will present the same, duly attested to J AS. M. DAVIS, my Attorney, and all persons in any way indebted to said estate will make immediate payment to him. MARY E.SHAW. Oct. 10?tf. Adin'x. F~~ RESIT GARDEN SEEDS and Onion Setts, of all kinds. For sale bv HODGSON & DUN LAI'. \ "? II III !?.?! >?- umiiwiiMhf.w We fit)d iu i\iQ Naiiqjial InteJlj'jcntez&Ms. por tin-full, of the. Opinion of 'the'Snprerae Court on Mixxkmx'scast#'and dissenting Chief Justice -arid three jostiecs, (Wayxe, Swavxe and* red with Iiim. The two^eupy^n^rQscrJif St;.' rather more than six of-the ,wi dc oolumn|Vof j that large paper. LA3TODStci^.^pi^.ai^^C^ ! izen of Indiana, never en^t|g(S^^th^ii?at'or , military service of the.Uuitcd State^n&ft ?r ; \ rested at his. home in that State o&JMBfajflj October, 1864, by order of-Gen.-A. p military commandant of^that military^tsSret, i ft"Cl hanged ; and,'the 'seSwj^jjLv r^^pd io bo executed b"n,the . 1.9th |hPn the 2iicT' January, l^^Vthfi'^^J^'fCourt bfi the '. United States, forn^iM^^OW;Sd.Qt^ffiunellci* a grandjury to 'cnq?n$^^a laws ofthe-.; : United States luvd been ylplft^^and to Jnt^ce 1 presentments, and the C^OTfcV^u^t&^.'on. J the 27th, previously dmcgg|g|g?tKe*grnn4*. ;j 'jury, without in(lictrhcnt |fe^^j^ctitou;iit as J gainst Mii.Mt3.vx, who! Hxcreftfl^?n::{r>ivTOHi of May, 1805, prcsofa^d:''lurij^^raoii to the Circuit Court to be dischargee! j|?$m bis alleged unlawful imprisonment^ otV^c gw.-td j that the Military Commissionihai.no Juris- < diction to try him under anycharg&dyrhatov- j or. as lie was a 'citizen of'the TJmt? Statep, ( and of the State of Indja^ft, and as'such. en- j titled, under thc^jihriiBtifntion o^ih^Unitod , Stales to triaMiy "jury, and praying j-thatfh^ { tuightfeiuidcL' the abt^CCongi-css, ttpgrwa^ j March 3rd-.JSCS', 'Wo*;ouglit befoMiti^o'hrt? j and either t urned n>vcr to .the propw Yri&u^v j to he' '.jir.qceefted agaBlist according law of the land, or elscrclcnsed frbmci^jtoujr" t altogether. The judgr's of the Circmt-vSUrt disagreed on three questions, qghieh werh ? certified to the Supreme Court: I "' * . 1 er j "1st. On the facts stated in such petition , and exhibits, ought the writ of habeas corpus be issued? ' /'>$ -'i 2nd. On the facts stated, ought.thc said 5 La it mien P. Mieligax.. to be discharged a?.-( in said petition prayed ? . ~ J W, Whether upon the facts stated in said, jw pctitioq -and exhibit, the said Military Coine d mifsian^efptiohed fh'erein, had hiictjnrisdic- ' Jj jtiia legally,- to'try and'sentencc srtrrlh }} oak. in manner and fornf as in saidJpetition *1 and exhibits is stated ? * ^ic decision upon the third pf.jfhcsetjnYs d"r t raiisccnironT tf'Twe1 ^ shall therefore make no apology for laying f before our readers in cxtenso, the mianswci'a- ( blc argument on which it is founded. . j "The controling question in the cose is this: Upon the facts. stated in ( Milligan's petition, and the exhibits \ filed, had the military commission ] mentioned in ik jurisdiction legally to j try and sentence him ? Milligan, not t a resident of one of the rebellious t States, or a prisoner of war, but a ^ citizen of Indiana for twenty years j past, and never In the military or , naval service, is, while, at his home, j arrested by the military power of the s United States, imprisoned, arid on t certain criminal charges preferred j against him, tried, convicted, and ( sentenced to be liangcd by a military , commission organized under the di- . rcction of the military commander of j the military district of Indiana. Had j this tribunal the legal power and au- ^ thority to try and punish" this man ? ] Xo graver question was ever consider- . cd hy% this court, nor one which more . nearly concerns the rights of the whole t ])eople; for it is the birthright of every , American citizen, when charged with ( crime, to bo tried and punished ac- ( eordivg to law. The power of pun- ( ishmeiit is alone through the;, means j which the la ws have provided for that ^ purpose, and if these are ineffectual 'T there is an immunity from punishment, 1 ^ - i "-m. .. *i._ i!0 uiciiiur uuw great uu uuujiucr uiu ^ individual may be, or how much his ] crimes may have shocked the sense of 1 justice of'rtrc'counirr Ui' crrtiairg^iett -j its safety. But by the protection of the ? law human rights arc secured; with- ] draw"that protection, and thc}r are at j the mercy of wicked rulers or the . clamor of an excited people. If there was law to justify this military trial, ] it is r.ot our province to interfere; if j there was not, it is our duty to dc- . elaro the nullity of the whole proceed- , ings. The decision of this question , does not depend on argument or ju- , flb-ml nvooodents. numerous and . highly illustrative as they are. These precedents 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 vrith the history of that struggle, and secured in a written constitution every right which the people had wrested from power during a contest of ages. By that Constitution, and the laws authorized by it, this question must be determined. The provisions of*that instrument on the administration of criminal justice arc too plain and direct to leave room* for misconstruc? jtion or do.ubji of .their ' f^&mea&ihg.4-Those app^cabie towtips . case'i are .found- in that clause qrigUial which "thafothe in'caso"of dmp^cltffrentp shall 'Wtgr. jnig;j*'$nd, ^tfi^-l&hrthv fifth, and; s'ixtl'^^fljee bf-fh"e ^lendmcn ts. !0ie foujqffira ohtiiBS-ithe right to be'secure in poHjDn ucd;^-effects against ^unreason aBJe. skarcl^arid seizui^:afifa directs ..'that a jiMcial warraajtikhall riot issue "without proof of prplJablc cause f-ppbb heljito answer for a capital or .1 otherwise infamous crime unless on i presentment by a grand jury, except in cases arising in the land or naval i forcesfpr in fhemilita, when in actual ? service in time of war or public dan- i ger, nor Be deprived of -life, liberty, \ pivpropCTty without due pfooes,s' of i law." ' And'thesixth guar an tecs the I right ot mar by-jury 111 suph manner < and with such regulations that with i upright judges," impartial juries, and -i 1:1 able bar, the innocent will be siv- : id and the guilty punished. It is, 1 n these words: all criminal prose- j jutions' the accused shall enjoy tlia "i iglit to a'speedyiUnd public trial by '1 m impartial ju'ry of .the State and j listrict wherein fhp;critioe. sliall have jecn committed, whiplixflistrict shall i lave been-previously' ascertained by 1 aw, an'd to be informed of the nature i md cause of the accusation, to be j ionfronted with the witnesses agaipst t ii;n to have compulsory process -for g tf&ijning witnessed in hi* favor, and;. ( V) have the. assistance of counsel for f us defence." These securities for i Personal liberty thus embodied, were t such as wis'doin and experience had \ Icjnoustrated to be necessary for the, 1 rroteciion of those accused of crime, .c iVnd so strong was the sense of the g iountry of their importance, and so j eulous were "the people that, these r jgiit.:*} iinjjut L/u uuiiiv,*vi j :hein.by implication, that when the- ( >riguVni Constitution was proposed t :hat it would be so amended as to unbrace them, it would never have jeen ratified. Time lias proven the discernment )f our ancestors; for even these pro- ( ,-isior.s, expressed in such plain Eng- f ish words that it would soem the ( ngenuity of man could not evade j hem, arc now, after the lapse of more r Iran seventy years, sought to be a- j *oided. These great and good men bresaw that' troublous times 'would < .rise, when rulers and people would )CCOme restive under restraint, and t ? ^1" h ? /I t'A AO CITVnC t - (juxv, uy snurp.uuu utv;? v .vj o accomplish-ends deemed just and t )ropcr, and that the principles of { institutional liberty would be in < icril unless established by invpcnl- 1 iblc 1 :i"Av. ? The history of the world f lad taught them that what was done j n the past mignt be attempted in the uturc. The Constitution of the ] United States is a law for rulers t ind people,- equally in war and in j icacc, and covers with its pfotec- j ,ion, all classes of men, at alltiir.es, i ind under all. circumstances. No ?. loetrinc involving more pernicious ) lonscqucnces was ever invented by i ;he Avit of man that any of its provis- ( ons can be suspended during any of } :hc great exigences of Govern- ] ncnt. Such a doctrine leads direct- j y to anarchy or-despotism, but the ( Jicory of necessity of which it is jascd is false; for the Government; i yithin tjie Constitution, lias all the j lowers gvaiiiuu U) it allien ,tic iieee.v-i >ary to preserve its existence, as has ( jcen happily proved by the result of ' :hc great effort to throw off its just 5 luthority. , < "Have any of the rights guaranteed j iiy'ihc Constitution been violated fn ] the case of Milligan? and if so, what < ire they ? Every trial involves the ] axercisc of judicial power; and from ( svhat source did the military conunis- , don that tried him derive their an- , thoritj? Certainly no part of the ] judical power of the country was con fcrred on them, because tiie Consti- , tution expressly vests it "in one Su- ( prenie Court and such inferior courts as the Congress may from time to time ordain and establish," and it is not pretended that the commission was a court ordained and established by Congress, Jhey cannot justify on the mandate of the President, because he is controlled by law, and has his appropriate sphere of duty, which is to execute, not to make the laws; and there is "no unwritten criminal code to which resort can be had %s a source of jurisdiction." But it issafd 4 that the' juris^ctiou-.is complete-. uj?^ der the "laws and :^?ikgcs ..^vsa7m It can serve no'useful' purposed ji$?j quire ^h^t.thpseia^s andmjagOs ^ wh'encO;tKej' originated, f and. on wliom they operate ; tS i;cver be applied-to citizens^hj^m^^^ which hare upheldrthe authority'1 of. the Government, and where the courts" are ppen and the process unnhstruc- ' ted: " Tliis court has judicial dtnowl- d edge that in Indiana the FederaFau# j tll"';ii1^'" '""i, tihl accusitions and redress grievanoi^ t and no usage of war could sanction a c military trial there for any offence'c whatever of a citizen in.civil lifp, in j no "wise connected with the military t service. Congress 'could .grant no i such poller J and, to the honor of our ? aational legislature be it said, it has i icy or been provoked by the state of ? [lie country even t-6 attempt its cxer-. i -iiso. One nf ?the nlainnst ennstifcn- t :ional provisions .was -therefore, in- a Ringed wh^n Mjl^anjwas^ieijbyi y i court not ordained and established g )y, Congress, and not composed of"'t udg^ appointed during gootl beha-, y rior. Why was lie not delivered, t^ j :hc Ci}'cui^ Cfctfrt of Indiana, to Uev c irbtaeded against according to law? p '.No* reason . of necessity could be c lrgcd against it, because Congress, t iad declared penalties against thiyofcnces charged, provided for tlicir c lunishm.ent, and directed that odurt i ;o liear and detenninc them. And ] loon after this military tribunal was t mded the Circuit Court ^m?t, peace- a 'ullyf - transacted its business, and j uljourned. It needed no bayonets a p protect it, and required no military p lid to execute its judgment. It was d leid in a State eminently distinguish- t -d fpf patriotism by judges commis- a ioped during the rebellion, who were u irovidett with juries, upright, iptelli- f jent, and selected by a marshal ap- e minted by the President. " The Gov- I irnment had no' right to conclude t hat Milligan, if guilty, would not c nnninn in fbit rn'irjt'lnnritetjj^^hjrf nenVfor' its records "disclose tiia^j|c?^ vas constantly engaged in the .triafj f )f similar offences, and was never in- c ;crruptcd in its administration y M-immfil instinft. If it was danger- ? )us in the distracted condition of yf- t airs to leave Milligan unrestrained t >f his liberty because lie conspired j igaiiist the Government, afforded aid j uid comfort to rebels and incited the )coplc to insurrection," the laio said s irrest hitn, sconfinc him closely, iron- j ler him powerless to do further mis- t liief, and then present his case to \ he grand jury of the district, with , noofs of hi::- guilt, and, if indicted, t ry linn according to the course of p lie common law. If this had hecn & lone, the Constitution would have n >een vindicated, the law.'of 1803 en- ( breed, and the securities for person- t il liberty preserved and defended. s Another guaranty. of freedom was c woken avIicil Milligan was denied a t ;rial by jury. The' great minds of a ;hc country have diffused on the cor- ( ect interpretation to be given to'va- i ious provisions of the Feder;il Con- < ititutioh; and judicial decision has icon often involved to settle their true j r.eaning; but until recently no one c ;vcr doubted that the right of trial ^ jy jury was fortified in the organic I aw against the power of attack. It j now assailed, but, if-ideas can be i expressed in words, and language lVas c my meaning, this right?one of the f nost valuabk) in a free country?is J preserved to every one accused of i jl'itiio wiiu I.s-iiik attained iu the army h' ir navy, or militia in actual service. ) flic sixth amendment affirms that ''in t ill criminal prosecutions the accused t shall enjoy the right to a speedy and t lublic trial by an impartial jury," t language.broad enough to embrace ill persons and cases; hut the fifth, recognizing the necessity of' an in- i lictmcnt, or presentment, before any j 3iic can be held to answer for high 1 grime, "excepts cases arising in the 1 land or naval forces, or in the militia, -\ when in actual service, in time of war ( or public danger;" and the fraincrs ] of the Constitution doubtless meant 2 to limit the right of trial by juijy, in | the sixth amendment, to those per- < sons who were subject to indictment 1 or presentment in the fifth. < The discipline necessary to the cf- 1 ficiency of the army and navy rcquir- < ed other and swifter modes of trial 1 than are .furnished by the common ] law courts; and, in pursuance .of the power conferred l>y the Constitution, Congress lias declared the kinds of trial, and the manner in which they shall be conducted, for offences com pitted while KMjnccted with the^?|^|^^^H9^D| ^p^s^xgce is fejraiapten which io?^ess;.w^^HHH| fpriheir govereraenk aud^ ferving, surrenders Ms rn^|HB tried' by-, the civil courf^qj^^H^^H tiersoils, citizens.?L^^S :ohrts arcbper^ji^^argcd wifh crinie^BB inestqaaamS ^.^llJ(PI LSIrijl^pppeiple. underlying th6| to suj |f "State or politicfdL^ddMj^^^^H^^^B prevails,' li vernmeritdj^^^BHB^^^^H difficulty libcif;^BSBH^^NH nodes of trial viis ?if the iroused - and J ?* * I afcguards'^^^^^^^^^H^|^H^Hj he >wat?hfd(^H^^HH^HH^^^^| the an we the bl^^^^H^BB|^^H| by [he rqp iine ^ ^^ ^ HHH| .rmccl f.^^HH^HHH gen c i nd and xccpt bis uKn^B^^B^^BB^HBI one ' viBBB^BB^B^Bflj tlie its I ub li can an ^BBBB^B a tiie -mrmpB^^^B^^fl to the c^B|^^B to do >r;at Britain tras an oft'cn the. epen kind ahvaVjH^Hj^^^^^^J id' has no right to expect vl always have wise and humanc^jM^H es, sincerely attached to the princi^ its of the Constitution. Wicked njn, Ambitious of power, with hatred cou? dlibtrty', ami contempt of law, may ' m^M il the place once occupied by Washiiztonand Lincoln; and if th is right/^^H JjL^pkd. and the calamities V K: "befall us, the dangers to^j^H iummffl^erty arc frightful to con-<^^^H eioplate. If our fathers had failed o provide for just such a contingency, hey would have- been false to the rust reposed in them. They knew ?the history of the world told them ?the nation they were founding, ts existence short or long, would-b^^^H ?I h un^^^HM^^HjB lot toll?ami li a and they iv] IU^H^BH^h^H^^H p res cr safeguards the one crau^^^KK^^H corpus. essential that, have be the