That body
of military law has no application to the citizen, nor even to the
citizen soldier enrolled in the militia in time of peace. But this bill
is not a part of that sort of military law, for that applies only to the
soldier and not to the citizen, whilst, contrariwise, the military law
provided by this bill applies only to the citizen and not to the
soldier.
I need not say to the representatives of the American people that their
Constitution forbids the exercise of judicial power in any way but
one--that is, by the ordained and established courts. It is equally well
known that in all criminal cases a trial by jury is made indispensable
by the express words of that instrument. I will not enlarge on the
inestimable value of the right thus secured to every freeman or speak
of the danger to public liberty in all parts of the country which must
ensue from a denial of it anywhere or upon any pretense. A very recent
decision of the Supreme Court has traced the history, vindicated the
dignity, and made known the value of this great privilege so clearly
that nothing more is needed.
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