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tried, convicted, or sentenced otherwise than by the ordinary courts of law."

6th. “Suspension of the privilege of the writ of habeas corpus does not suspend the writ itself. The writ issues, as a

. matter of course, and, on its return, the court decides whether the applicant is denied the right of proceeding any further.”

7th. “A person who is a resident of a loyal State, where he was arrested, who was never a resident in any State engaged in rebellion, nor connected with the military or naval service, cannot be regarded as a prisoner of war.

This decision struck the shackles from Colonel Milligan, and he was free free from the grasp of tyrants — free from arbitrary power - free from fiendish sycophants.


MARY E. SURRATT. In this connection, while it is fresh in the minds of the people, we briefly refer- as it does not properly enter into the subject of our history - to the arrest, trial, and execution of Mary E. Surratt, of the city of Washington, and the Fede. ral capital of the United States, by a military commission. This lady was regarded as one of the accomplices of the conspirators who assassinated President Lincoln. She was arrested and tried by a military commission, composed as follows, under the following orders:


May 9th, 1865.
Special Orders, No. 216.
Par. 91.—The commission will be composed as follows:

Major-Gen. David Hunter, U. S. Volunteers.
Major-Gen. Lewis Wallace, U. S. Volunteers.
Brevet Major-Gen. August V. Kautz, U. S. Volunteers
Brig.-Gen. Albion P. Howe, U. S. Volunteers.
Brig.-Gen. Robt. S. Foster, U. S. Volunteers.
Brevet Brig.-Gen. Jas. A. Ekin, U. S. Volunteers.

Brig.-Gen. T. M. Harris, U. S. Volunteers.
Brevet Col. C. H. Tomkins, U. S. Army.
Lieut.-Col. David R. Clendenin, Eighth Illinois Cavalry.

Brig.-Gen. Jos. Holt, Judge Advocate.
By order of the President of the United States.

Assistant Adjutant General.


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The trial, conviction and execution of Mrs. Surratt by a military commission were regarded by lawyers generally, and the people who were not prejudiced by partisan feelings, as illegal and wrong, and the evidence adduced as insufficient to convict her of actual participation in the crime. Popular opinion was opposed to her execution, and since the decision of the Supreme Court of the United States in the Milligan cuse has been announced, the public sentiment of those entitled to respect is unanimous in the belief that her execution was a political as well as extra-judicial murder.

Her execution is a foul blot in American history, and will always remain a stigma upon the character of those who were instrumental in accomplishing the work.

Colonel Bowles reflected severely on Colonel Milligan for refusing to agree to a dismissal of the case. The Colonel replied that he “spurned the President's pardon, and that he was not a fit subject for a pardon, that he had done nothing that he would not do again, and that the President should ask his pardon for the violation of law by approving a false finding of an illegal body."

Though suffering from disease and confinement in a loath. some, pestilential hospital, overworked, and now fed on bread and meat with a decoction called coffee, sweetened with sorghum molasses, and shut out from the world, he boldly battled for his rights, and held before that august tribunal a ques. tion which involved the liberties of millions of people.

Upon receiving information of the decision of the court denying the jurisdiction of the military commission to try

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civilians-a decision that enthroned the law and snatched the sceptre from the grasp of the mailed tyrant of military de potism, and brought gladness to the numerous friends of constitutional liberty - the Colonel wrote a note to the warden, calling attention to the fact, and requesting him to inform himself of his duty, and that his duty and the Colonel's wishes tended in the same direction. He then sent for a friend to learn the name of a notary, and also what judge was accessible. Before the notary arrived, Mr. Coffroth reached the city, and had a writ of habeas corpus sued out and the Colonel discharged, after an imprisonment of eighteen months. It was now evening. Mr. Coffroth also had a writ sued out for Colonel Bowles and Mr. Horsey, but, before it could be served, an order came from the President directing the warden to discharge all the prisoners.

After receiving many friends at the Neil House, during the evening and the next morning, he started at noon, April 12th, 1866, for home, without any intimation of the joyful reception that awaited him, which we copy from the papers of the day.

“The return of Colonel L. P. Milligan to his home, on last Thursday morning, was the occasion of a demonstration, on the part of his friends and neighbors, to which all history fur. nishes but one parallel, that is, the ovation of welcome which greeted the immortal Demosthenes upon his return to Piræus, from his exile at Megara. As the great Athenian was received, upon his arrival in that city, by its magistrates and dignitaries and citizens, so was our illustrious fellow-citizen received by the Mayor, the Common Council, and all the citizens, with the utmost manifestation of affection and joy, blended with sorrow and indignation at the flagitious wronge and cruel persecution to which he had been subjected during the last eighteen months. Colonel Milligan was released, as we stated last week, upon a writ of habeas corpus sued out by his attorney, Hon. J. R. Coffroth, who had gone to Columbus

, for that purpose. He was set at liberty on the afternoon of last Tuzsday, and on the evening of that day we received a message to that effect. We issued an extra inmediately which was distributed the next day; but far in advance of the extra, the gratifying news spread, as on the wings of the wind, in all directions, and occasioned universal joy. On Wednesday evening, a party of gentlemen, who had been chosen by Colonel Milligan last May to receive his remains in the event of his execution, went to Peru for the purpose of escorting him home. This party consisted of Messrs. Charles II. Lewis, John Roche, Samuel F. Day, John Zeigler, and Rev. R. A. Curran. Mr. Geo. R. Corlew was also of the party, but he had accompanied Mr. Coffroth to Columbus. Messrs. Milligan, Cotfroth, and Corlew arrived at Peru at a late hour, on Wednesday night: notwithstanding this, cannon were fired and other demonstrations of joy made. Despotism had succumbed to Constitutional Law, and its victim was free! There was cause for rejoicing.

Thursday morning, at Huntington, was ushered in by the roar of cannon, and at a very early hour the people began to Hock in from every direction, to welcome their distinguished fellow-citizen to his old home. Every adjacent county was duly represented in this grand spontaneous ovation. Every point where the intelligence had reached that Colonel M. would be home on Thursday' was represented, and all were burning with a desire to see him, to welcome him, and to assure him of their sympathy and friendship. The train from the west, conveying the party, moved up to the station amid the waving of handkerchiefs and hats, the wildest aus clamation of the immense concourse, the music of the brass bands, and the loud thunder of carinon. The appearance of the tall and dignified form of Colonel M. on the platform was greeted with a fresh burst of enthusiasm, and a simultaneous movement of the throng was made to grasp him by ühe hand. When his manly, graceful, but emaciated form, upon whose features it appeared that every 'god had set his peal to give assurance of a man,' became recognized, as it was by all who had met him before, and instinctively by bhose who had not, there would have been a cheer that would

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have made the welkin ring, but the hearts of all were too full to give utterance to any voice, either of joy or sorrow. Mr. Coffroth formally introduced Colonel Milligan in a few neat and appropriate remarks.

“Hon. Wm. C. Kocher, Mayor, surrounded by the Commou Council, and in behalf of the town, then delivered a beautiful and impressive address of welcome. He said:

“"COLONEL MILLIGAN: In behalf of your fellow-citizens of Huntington, and I may say in behalf of this large assembly of people collected together from the surrounding country, I bid you a welcome once more to your home, to mingle with your family and these people, who have so long and so well known you, and who have long since looked upon you as a man of eminent legal ability, a statesman, and one who has ever been true to the Constitution and laws of the country. On the 5th of October, 1864, while at home, surrounded by the family you loved, lying prostrate upon a bed of affliction, at the dark hour of midnight you were ruthlessly dragged away from family and friends, and conveyed to a political Bastile, where you were confined for months, without any accusation made against you. Charges were then preferred for what? Treason! Treason to what? Treason not against the

? Government, but that you did not support the Administra tion, whose principles were not in accordance with the plain and broad teachings of the Constitution of your country. Tried by a mock court, principally composed of drunkards men who were not familiar with the first principles of law you were condemned to be hanged until you were dead -dead! Through the influence of friends your sentence was commuted to imprisonment for life. You were conveyed in

. irons to the Ohio penitentiary, where for a long time you occupied a cell dedicated alone to felons. Your case was brought before the Supreme Court of the United States. After long and laborious arguments of the most eminent counsel of the country, a Republican court decided that you bad been illegally condemned and sentenced.

"To-day, your fellow-citizens at home, and all good citizens


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