in time of peace, and that is the code of laws enacted by Congress for the government of the national forces.  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.  To what extent a violation of it might be excused in time of war or public danger may admit of discussion, but we are providing now for a time of profound peace, when there is not an armed soldier within our borders except those who are in the service of the Government.  It is in such a condition of things that an act of Congress is proposed which, if carried out, would deny a trial by the lawful courts and juries to 9,000,000 American citizens and to their posterity for an indefinite period.  It seems to be scarcely possible that anyone should seriously believe this consistent with a Constitution which declares in simple, plain, and unambiguous language that all persons shall have that right and that no person shall ever in any case be deprived of it.  The Constitution also forbids the arrest of the citizen without judicial warrant, founded on probable cause.  This bill authorizes an arrest without warrant, at the pleasure of a military commander.  The Constitution declares that “no person shall be held to answer for a capital or otherwise infamous crime unless on presentment by a grand jury.”  This bill holds every person not a soldier answerable for all crimes and all charges without any presentment.  The Constitution declares that “no person shall be deprived of life, liberty, or property without due process of law.”  This bill sets aside all process of law, and makes the citizen answerable in his person and property to the will of one man, and as to his life to the will of two.  Finally, the Constitution declares that “the privilege of the writ of habeas corpus shall not be suspended unless when, in case of rebellion or invasion, the public safety may require it;” whereas this bill declares martial law (which of itself suspends this great writ) in time of peace, and authorizes the military to make the arrest, and gives to the prisoner only one privilege, and that is a trial “without unnecessary delay.”  He has no hope of release from custody, except the hope, such as it is, of release by acquittal before a military commission.