States, and not of the united States. If the right belongs to any
particular person, it is because such person is entitled to it as a
citizen of the State where he offers to exercise it, and not because
of citizenship of the United States."
If this position be true (which I do not admit), then Judge Hunt
should have pronounced the act of Congress unconstitutional, and
dismissed the case for want of jurisdiction. If the matter belongs
exclusively to the States, then the United States have nothing to do
with it, and clearly have no right to interfere and punish a person
for the (supposed) violation of a State law. But this is one of the
least of the criticisms to which this opinion is exposed. A far graver
one consists in the fact that the defendant was denied the right of a
trial by jury.
The Supreme Court of the United States say: "Another guarantee of
freedom was broken when Milligan was denied a trial by jury. The great
minds of the country have differed on the correct interpretation to be
given to various provisions of the Federal Constitution, 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 jury
was fortified in the organic law against the power of attack. It is
now assailed; but if ideas can be expressed in words, and language has
any meaning, this right--one of the most valuable in a free
country--is preserved to every one accused of crime, who is not
attached to the army, or navy, or militia in actual service. The VI.
Amendment affirms that in 'all criminal prosecutions the accused shall
enjoy the right to a speedy and public trial by an impartial jury,'
language broad enough to embrace all persons and cases."--_Ex parte
Milligan, 4 Wallace, p. 122._
It is true a jury was impaneled, but this was all, for we are informed
that, at the conclusion of the opinion, Judge Selden requested that
the case should be submitted to the jury upon the question of intent,
and upon certain propositions of law; but the court declined to submit
the case upon any question whatever, and directed them to render a
verdict of guilty against the defendant.
I have been pained to witness, on the part of some of our newspapers,
a disposition to treat this decision with indifference, by some even
with levity. Has it come to this, that because she is a woman the
defendant can not get a fair and impartial trial? The case of the
inspectors was
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