The press., June 20, 1865, Image 1

THE Pltiii2444,
PUBIAISITED DAILY
OUR (
W. SUNDAYS EXCEPTED)
NY J *FORNEY.
017101 No. 111 SODTH PoraiTH STMT.
TPSH DAlivr rums,
re OILY enbasribars. is TEE DOLLARS PER
S An M nanO
thk
. b
"'vanes; or TWENTY CUTS PER NTSER. PRIO t
Gunn, K a no to Tobsoribers out of the thy, ;it'll!!
ltTsa ",ote Itnoß DDLLARO *RD FIVTICISNIVI
ro , 5 1,, Norm; Two DOLLARS AND Twoo , ,:r-ortro
GUTS rex
IRAN
lionnrs, byaziebly In advent/ cos
the thus ordoroi.
ear Adriotlsmitents inserted at the usual rates.
Tlll-WEEKLY PBXS'S,
saUsi! to daboribers. Yiu Dorznns via AnNI,
SII
tdranss.
- --, • - - • •
Vrm.
TUESDAY, PINE 20, 1.865.
ThE NEWS.
'yesterday, In the conspiracy trial, one of the
as-
Weiate °sunset for Mrs, Swett read the argument
.or Mr. Reverdy Johnson. It is a very long sear:-
vent OLA the trial 157 military commission, he
lulei [L ng that the accuscd Should have been tried by
r, clot uitnnal. Mr. Stone, Harold's ooanetl, fel-
LAW- file contended that hie client could orde
miler the penalty of aiding Booth to eiCaos, as the
evidence failed to prove that he aided or abetted la
the murder of the president.
Mr. Ccx, the cour.sel for Arnold and O'Lsog'atin,
then demanded the acquittal of both of hie clients,
as the evidence fallen to prove that they were en.
gszed 1t tne comp/racy.
IG :kir of a correspondence between Sir Frede
fha. W. H Bruce anti the Secretary of State, in re
d to the withd , atucl or the prOteilded GOLIONSIIM
of belligerent rights to the insargentri, Secretary
,Serard has cuggested to Secretary Welles the t our
naval officers be informed—first, that Great Britain,
hse withc came her concessions of a belligerent chr.r
ac.cr Irma the reitoiB ; second, that the snmenation,
not having Ore...lately withdrawn the twenty-four
hours' rule, thcrenre the customary =stades are
not to to vild by war war vessels to those of the
British navy; thirsl, that the right of British yes-
Ea)H, except taste Operating in the &lava trade, IS
tcanleated ; and fourth, that all insurgent or pi.
Win] veEnle may be lawfully captured.
From Forum Monroe we learn that Jobn Mit
chel has been imprisoned there, and also that the
Virginia, Central and• thatgo end dierri.a.lcla Rail
roads are fast being repaired. Richmond Is Infest
ed with thieves.
The eommancilrig general of the Department of
Ikraehlngton denies chat a party of rebele have do•
etroyed • the ionumenta on the Bull Run battle
field.
GOVerliOr EtOLIO, Of•Ohlo, is out In a card an
bourelng that he will not be a eintedate for re.
&tatter.. It Is therefore certain that Major Gene
tai J. D. Cox will riSCElys tee Uuion nomination.
The subroxiptions to the r--30 Toan yesterday
amounted to $3,20,100.
Major Gen. Maury, former rebel commander at
Mobilo, and Gov. P.D.;otei of Alabama, have arrived
at Fort Pulaski, Georgia, under guard.
Col. Gayley, who is ohsrged with offering a
mit
llon dollars reward for th.r assassination of Pres!.
dent Lincoln, is at Fortrese Monroo a priidaar.
All of Jar' Thorapkon , a former army, numbering
7,454 men. meat Cairo on parole.
Two little children, a boy and a girl, aged re
epectfully twelve and , fourteen, were brutally mur
dered near Roxbury, Masstiebusette, on Sw.lday.
A member of the rebel Congress from Tenue!see,
Mince: Maury, took the oath of allegiance is-Wash
ington yesteiday,
up to 7,..ster.eny, 144 ; 000 soldiers have left Weal.
irkton for the North.
B. C. Burnett, of Ir.ntaclry, a former M. C., bat
lately a member of the. rebel. CoagteBB, tOok the
otth yesterday, in Wapblozion.
Du,iness continues to be the characteristic of the
Str.rk market. Alt business IS quite at a stlnd still.
Gt.verrmer.t securities sold yetterday to a very
Dulled extent. at about previous figures. near
Rrs however, a bztter demand for milted atook - s,
ar d with the exception of Reading, prices were
gcneredy better. Gold closed In Now York lea
Toga a nos, and after Mil at 140.
TIN PROGRESS OF
THE CONSPIRACY,-
The Foot-Prints of the
Great Tragedy.
MTGE HOLT'S REPORT OF
OCTOBER, 15641
THE APRIL ASSASSINATION
FORESIIADOWE'D,
Destruction of Public and Private
Property Arratiked,
THE CREED AND PLEDGE OF
THE TRAITORS.
Our correspondent, "Occasional," in his
letter cf yesterday, calls attention to the
report of Rcn. JOSEPH HOLT, Judge 2t.d
vocate. Gc.neral of the United States, made
10 Becrote.ry.9TANTol , l, October 8, 1834, on
"the Western Conspiracy," by the Order
of " American Knights," or " Bons of
Liberty." The fact that the case of the
conspirators engaged in the assassina
tion of President Luccontr, and the at•
tempted murder of Mr. SEWARD and his
farciiy, is soon to be disposed of,
renders a reference to the report of
Judge Hour, not only valuable as a remi
niscence of the designs of these wretched
men and women, but is a new proof, if any
were necessary, of the damnable guilt of
those who carried out the teachings• of the
authors and agents of this secret comb',
na'don. Judge El OLT'S argument on the
testimony before the Military Commission..
for the trial of the assassins may be hourly
expected. We have deemed the republi
cation of the following extracts from his
report on the Western conspiracy alluded
to, eminently useful and interesting :
Nl.ikontacrtort, D. 0., October 8,1864.
:Ica. E. M. 54c., , ,; on, Zecninry of IVar :
Sts: Raying been 'obtruded by you to prapare
- .IT-SDZ the moza of te - ,.ttleony forota'a•
ed ma from dilreferit :.'oureea to regard to sub .erct
to. %r ieltio7l3 aitC orispiraciea arp-thart the 0-6vor
vt.10011.1!ly 1A the c,' tern St:Lula, by brat
tot 6 9.11.3 dlBlo3el terionE, I have tam the honor to
sul,olt
Logniz tot - :•fe .hau•ayear past it has been gene
to Our tNi..itt.,ry authorttle3 that a socrat
tr,:s,ohatoe clgo , hlr.d.tich, siltitatod with the South..
Srn reZeliOn, PUG , chtetly mit:Gary In its onarassr,
zepithy watr.dlng itself throughout the
st.
:to et assacistiou fire, developed itself in the
West in the ) , ;:a; - 1$5::::. ..bout the period of the first.
in 7...et:11:rt.,. er which It alined tO Obatruct
and aerial. thigimoly known in certain localudos.
as. the " illu , uat.Protoction Society.” the "insole of
Eotor," or the "Circle" or " Knights of the. ivlighty
Dust," bet more mallet; as toe " KatightS o; Ih4
fi olden Circle," it was simply an inspiration of Ito
rebelliar., beteg little Otner than an extension
among - ino,disloyal etd disaffected at the INT.irth of
the ante:attar , . of Ina latter na - ate, winch 113. d ex 131,.
ri iJr Soßle Sears at the South, and from witlek it
nettled all the chSet featnres of ifs organlzatioa
nu "Temples" or ' , Lodges" of too Order are.
zi, , ?zet ly scattered tbrangh the States of Indiana,
Lilt cis. Oslo, itistiond, and Kentucky. They are
also teach:lly reported as established, to a loss ex.
teat, in alichlyao and the other Western States, as
as In .lowork, and also In Pennsylvania,
:New Ilampsniie Rhode Island, Connecticut, NWT.
Jersey, Marylaid, Delaware, and Tenaeseee.
Dodd, the Oland Commander of Indiana, id an
address to the members In that State of February
latt, claims that at tho next annual meeting qf the
Supreme Clureil (in Febrnary,lB6s), every Sato
in the Union will be represented, and adds : ‘•thls
It the first and only true national organization the
Demon , atic and conservative men of the country
have e,-er attarttrACCl " A provision made in toe
cobstitution of the Council for a representation
stem tt e Territories thovts, indeed, that the widest
calEr0:011 01 the oruer Is contemplated.
Lit It to be noted that the Order, or its counterpart,
II probably much more widely eztendad at the
SOUL ever_ than at the North, and that a large
prororthr. of the'ciii..ens of the rebel army are repre.
settee by most tot:able irltnessee to be members Io
1 - ( cr , :tieki-and allssour), too order has not hesitated
to as members, net only officers of that army,
Nat tie, weensicezehle number of guerillas, a class
who might be supposed to appreciate most readily
IG .'tots amid putpcsos. It la tally shown that as
lately as in July last several of these ruffling were
intuated into the first degree by Dr. Kalats, in
Aiebtnst.y.
The a. aeration of Princip/ea,n WittOtt 'Stitt forth
In the :need of the order, Sias already beed alluded
"Ttle which is specially trained rd
the bolt cotton of rho great mass of members, cam
inences the V.P.oettlg specious propoSitien :
"All:mch are en:lowed by the Ore:ttor with cer
tain the his, equal es far as there is equalty in the
c.tpaeily for tire apprortatil , s, enjoyment, and ezer
else of these righta." And aubsequeittly there Is
added: "in the Divine economy nc individual of
the ima3ll. V.:COB:MEL be painittted to UT:MI Zbei
earth, •ro n.tat Its I.I.!!;)EPAS of treesomment beauty,
1:10T to itr.prefe the progress of the oityaletti. sr into:-
ft ,, tral n an, ttither in himself nor in the race to
mhica he t=lcv.ae. Ilan" e, a people, uptm whata car
.plena thtrinan he toned in the est:oll(lMA' ei,t,lo ut
Miteatity, wrAin - neither the eivtott) wt bin tneol
, nor the tusp:reatcra of divine stud beautiful nate.%
;around t Lem can impel to virtnetta action and pro.
grate or were, ::rd •,,prra..r.l s t'aduld ha auOjectett.i.
just aid huizans. ace tutelage to zhe su•
rector race, uhtli they situ he able to appreell'e
tto benefits Elul adlyd'..t,tcr.o3 of elvtlfrat!on,u
Bore, eagle: std in terms of stezien hypsortsy, 10
tile whole tLecay of hni_Ecu bowlego—the righ: to
Strota . , ile,C2ll=o they ore Strong, to dcarton anti on.
Met:: tre week I The languages of e4rth e
tto now:Lrdiv and loatheo , no ba,,,n , as
tic c....ettlee, as thes af.lnf.uncaa. it is the rotyterb
- 9 1 €(51, ruuht to he DatfOnalized, Would
each IL O il.a,nd an th.l7: dial-plate of CUT eiViitZmalln
tLe Uartrout periods of human history. It mull.
t r L „..„ e " l "- - d, however, that It furnishes a fitting
OVOUILUCIIt of a relmtlf
every of e . hed e body cud every tivob of Whose
500118 born the trAl toning ambition and shave-pen
instdratforas of the - South.
Tp ibrose dittstable teestii IS added that otoer pe--
tieirms polltical thscry of State sovereignty, With
Its a "eEtarY irali, the, gionatcomti doctrino of 6ecari
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VOL. 8.-NO. 277.
sion—it 'doctrine whin, in asserting that in Onr
federative System a part greater than tee whole,
would compel the General Government, like a
Japanese Slave, to commit had-kart whenever a
faithless or insolent State should command it to
Be.do
Tins, the ritual, after reciting that the States of
the Union are free, independent, and sovereign,"
proceeds as follows
"The Government deFignated the 'Mined Statue
of America' has no sovereignty, beossmelhat is an
attribute with which the people, 10. thMr several
and distinct political organizations, are endowed,
at .d is Inalienable. It was constituted by the terms
of the ecmport, ny all the States, through the express
wid of the people thereof, respectively—a common
ai,ent, to nee and exercise certain named, Opsolfiec,
defined, and limited powers which are inherent of
the suvatemntles within those States. It is permit.
ted, so far as regards its status and relations, as
eotemon agent in the exercise of the powers Ire
lolly oral joalratly delegated to It, to Mill itself
.ropsetrie,i but not +rovereuta.' In fd;unce with
the principles upon which is founded the American,
theory, Government can exercise only delegated
power ; hence, if those who shall have Loan chosen
to ednanister the Government gnarl lissome to axe:-
Mee ime era net delegated they should be_tegarded
and treated ao 'usurper& The reference in hermit
power,' war pownr,' or military necessity,' on the
part of the functionary for the sanction of an atbi
traty exercise or power by him, we will not accept
in radiation or exeus-..”
TO tills Is [Men, no a corollary, rift is incomeati•
MO Van the history and nature of our xylem Of
government that Federal authority should nem
by arms a rhyVereign State
Tee declaration of principles, however, does not
Stop here, but proceeds one step farther, $43 follows
"Whenever the chosen oflio. , rt or delegatee shall
fail or refuse to aOminisr or the Government in strict
secoroanee with the letter of the accepted Goescitu•
ti: n.. 11 is the Inhetent right and the solemn and im.
perative duty of the people to resist the Mt ettlUle
31 , 1., and, it need be, to few/ them by force of "arms!
buck teslstanee Is not revolution oat le solely tee
tut title!) of right—the exercise of all the noble at•
tilbetes which impart honor and dignity to MM.
h 0( d."
To the same effect, though in a milder tone, Is the
pleetarrts of the order in Indiana, pat forth DT the
Grard Council, at their meeting in Febrnary last,
which declares that "the right to alter or abolish
their government, whenever It fails to secure the
blessings of liberty, is one of the inaltonable rights
or the people that con never be surroodortd."
ucti, then, are the !Miles which the 118 , / meal.
ter swears to observe and abide by in hts obligatton,
set forth In the ritual, where he says do se
lemt ly promise that I will ever cherish in my heart
01 liet.lTS the sublime creed of the K K. (Excellent
Knights,) and will, E 0 Mr as in me lies, illustrate
tt e same in my intercourse with men, and will do.
ltr.d the principles thereof, If need be, with my
life, whelicOaCer assailed, in my own cimatry diet of
all. Ino Mitt er solemnly declare that I Will never
take bp aims In behalf of any government Which
cots not acknowledge the sole authority or power to
be the will tit the governed."
In the same connection may be quoted the
log extracts from the ristiel, as I;histratlng the
Inctplo of the right of revolution and resistance to
constituted authority li.sisted upon by the order:
"Our sworos shall he unsheathed whenever the
groat principles which we &lento iftOttlotte and have
sworn to maintain and define are assailed."
. .
Again : "I do Soleavnly promite, that whew.
evtr the taincfp.es wtlitt our order Inculow.es shell
be cassmed m my own State or tiOnntry, I will de.
tel.') Meer primitples wilt my sword and my the, in
wtattoever rapacity may be assigned me by the
etanye4nt authority of our order."
Ana further "I do promise that I will, at ail
times, it needs be, take up arms In the cause or the
uppressril—in my own country Hrst of all—against
itk.y rcwer or government 1181111) , 20, which M. 44 be
arms and waging war aAaltat a people or
reoples who are entleavorthg to establish, or have
inaugurated, a government for themselves or their
own use choko.”
Mere: ver, It is to be noted that an the aNtresses
Imo speeches of its lsoiltos breathe the same wind
ple, or the light of torc!b:e resistance to the Govern
racer, es one tl :he sett of the order.
Tres, P. C. W1?,13, Supreme Commander, in 1115
cosr.l address of D , cetobar, 1863, after urging
that " the spirit tot the tathev rimy animate the free
minds, the brave hearts, and still unshaeZied limSS
of the hue democi acy" (one , log the mombe7y of
the order), acds as tollows : To be prepared for the
crisis row approaching, we must Oaten from afar
the battiest and faintest breathings Of the spirit of
the glom j to be onevetofal when the storm comes,
we more. to .ratehlui, patient, brave, eenftleitt, Of.
ghniZed, armed!'
Thus, too, Dodd,.Grand Commander of tho order
in Indiana quoting, in his address of February last,
toe 'dews of his chief, Vollandlitham, and adopting
them ss Ms own, says
lie (V4:l:ardigliair) judges that the Washington
potter will not y laid up ita poorer, uhtil it. M [lkea
from them by an i..diguant people, by fares of arms.
These, then, are tne written principles of the
order In whleh. the neophyte is instructed, and
which he is sworn to cherish. and observe us his rule
of action, when, with areas rimed in ids hands, he
is called upon to engage in the overthrow of his
Gc.vernment. This declaration—first, of the abso.
luto rieht, of slavery ;.second, of State sovereignty
and the right of secession i third, of the right of
aimed resistance to constituted authority on the
pals or the oh...fleeted and the disloyal, whenever
tLelr mut:Mien may prompt them to revolution—is
but. an aviertioll 01 that abominable theory whioh,
fr. ni Its first enuneiation, served as a pretext for
sptram, Rita conspiracy againtithe Government
on the part of Southern traitors, until their detests,.
t:e piecing oulmlnatoo la open rebellion and bloody
or cif war. What more appropriate name, there
foie, to he commuutcated as a password to the new
n ember, upon his first admission to the secrets of
Its order, ,turd have been connived than that
which was aerially adopted—that of "Calhoun 1"
a man who, bs filed in his lust for power, with gnash
ihg teeth flume upon the Government that had
lilted him to its hlguest honors, and upon the oeuee
try that had borne Atm, and, dawn to the very <doge
of his fevered dile, labored incessantly to seattor far
ate wide too seeds of that poison of death now upon
oar litst • The thorns which now pierce and tear his
are of the tree he planted.
But to proceed to the ' specific purposes of the
order, which its reactors have had is view from the
beginning, and which, as will be seen, it has been
able, in many Cases, to carry out with very con
siderable success, the following are found to be
most pointedly presented by the testimony
1. aldiag Saldiers to. Desert, and frirboring and
Profwtso DearterB.
Ihsonnaging Enlistments and Resisting the
Draft,—it fs toptelilly laminated by the order to
Oppose the reinforcement of our armies, either by
volunteers or drafted men. In 1861, the ifidditit Of
the Golden Circle trgnMzed generally to rosin the
(trait in tie Western States, and were strong
enough, lit certain localities, to greatly embarrass
the Government.
S. eircuintion of Disloyal and Treasonable Publi
catioes.--Tae order. especially in Missouri, has see
ereely circulated throughout the country a groat
quontity of treasonable publicartoLs, as Si means of
extereiteg I's own power and leltuence, as well sa
giving encouragement to the disloyal and inciting
teem to trhamen. Of these, come of the principal are
rho JoHewing: "Pollard's Southern History of the
er," e Official Reports of the Ooxifedernee Govern
ment." e Lite of stonewall Jeckson," pamphlets
elnee,deleg articles from the Metropolitan Record,
zr.t raLass, Africaeus, or Mysteriet Of the Wlitte
Bre
te," -Tim Unman Catechism, or a G item to
the 1-lashiential Eieetion of lbdi, , )"indestructible
t?:teuice, , by 'raga. These publieations have
geometry been procure(' by format regidadtions
drawn upon the grand ceulmander by leading ineub.
hers In the interior of a State One of these recie
siticra, dated June loth last, one draw by a local
secretary of the order at Gonter - , - ..1116, Me, is mai•
bitcd
in the testimony. It contains a column of the
of a number of SelhSerlber 6, opposite Wiloze
iwires are entered the names: of disloyal puha.
Chlienr , to be furehted, the particular beot: or books,
do., (tuned being lealmeted by fictitious
.Cotarawnicaftee wile, cold Giving Intelligence to,
the 1:14,ny —Smith, Grand Secretary of toe order
in eilissourt, says, in his confession : "Rebel spice
rear -curlers, and emissaries have been earetally
protected by this order ever since I have mem a
seemhvt." It it shown to the 'testimony to be cud
winery to the rocs' service to employ members of
the cad( r as Epee under the wait., of soldiers far
emb sel lone lermaeue to visit their homes within
on.; lines. On corung, within the territory ociaplea
by • - or forcer, they are barbered and !lapelled with
tolurinut:on by the order.
On the other hand, the system of espionage kept
up by the :eder, for the purpose of obtaining infer
melon of the movements ot °crown forces, &J., to be
imparted to the enemy seems to have been as perfect
as it ens secret. The Grand Screwy (were order in
dittedri,! sinus, :c his confession: "One of the es
rectal objects of this order was to place marabou in
smart:beats, ferryboats, telegraph offices, express of
heed, department heacquartere, provost marsealei
(time ; and, In bet, In every position where they
toted do valuable service," and he prooesde te
opthify certain members wee, at the date of his con
feSSIM (august 2a tear), ware employed at the 0.1•
prtsa and telegraph offices in St LMill.
b. Aiding the Enemy, by 13w/eatery for thorn, or ,
essistme meana to Re nat,within our Lincs.—Tuts has
alto been extensively carried on by members of the
weer, particularly in Kentucky and Missouri. It
is estimated chat 2,000 men were sent South, from
Leraitvele alone, during a few weeks la Apill and
Assay. '
1104, Toe Inner and its Mends at that city
have a permanent fund, to welch tnere are many
subscribers, for the purpose of fitting oat with
pistols, clothing, money, ho., men desiring to join
the Seuttern service;,and, in the ledges of the
of deriii St. LOWS and Northern Miesmiee mines'
hes Mien been 'Meta to pueoleine home. arm%
and equqduents, for soh/lora about to be for
warder( to the Southern army, In, the latter
State, parties empowered by Price, or by Grand
(`unmet der Hunt as his representative, to recruit
for the rebel service, were nominally authorized
to 'locate /ands," salt was expressed, and in their
repute, which were formelty made, the number of
&ores, ac , located represented the number of men
recruited. At Louisville, those desiring to join the
Southern forces wore kept hidden, and supplied
with lord and 'Melee until a convenient occasion
was pretented for Limit transportation South, They
were then coilectoti, ate oonduated at night to a
Seen reectzvous of the order, whence they were for
warded to their destination, In some cases stealing
hi ices from the United States corrals on their way.
NVl•,le awaiting en occasion to be sent South, the
men, to avoid tile suspicdon which might be excited
by their being seen together in any considerable
I.unoter, were often employed on farms in the vial
rate 01 Louisville, and the farm of one Moore, in
that neighborhood (at whose house also meetings of
the nicer were hell,) is Indicated In the testimony
is ',no of the IWWallin:6 where such recruits were BO
rBLIEBVOSIECei and employed. ej e g
6. Furnishing the febeta with Arms, Ammunition,
4'e.—ln this, too, the order, andespeetally its female
members and alien!, has been sanntously engaged.
The rebel women Of Louisville said Kentucky are
represer tea as having rendered the most valuable
aid to the Southern army, by transporting very
large quantities et percussion Caps. powder, &c.,
ceeceseed upon their persons, to some convenient
!amine veer the lines, N./tenet they could be readily
muveyed to those for whom they were Intended. it
Is mutated that at Leutsville, up to May I last,
the sum ol 817.6 N) had been invemea by the order in
aateramition and arms, to be forwarded principally
it thie manner to the rebels. In St. Louis several
brae, who aro well known to the Government, the
principal of which is Beenvals k Oo , have been en.
gaged in EUpplAtig arrao and aiALIVIOMOU to mem
bers of the order, to be Named to their f4ent here
antes.
7. Cooperating with the Enemy in Raids and RlES
smns.--Vi hat* it Is clear that tire order has teeth aid,
bsth directly and ledireotly, to the ffirees of the re.
bele and to guerilla bands, when engaged in mak
ing inonifilons into the border States, yet, because,
en the one baud of the constant restraint upon its
Rotten exerelsed by our military authorities, and, ea
the other hand, ce the general aneeees of oar armios
In the field over tie se of the enemy, their allies at
the North have never thus far been able to carry
out their , grand plan of a general armed rising of
the order, and lie co-operation on an extended scale
with the Southern forces.
An atrocious plan of coneert between members of
the order in Indiana and Certsla Mats bands of
Reptucky, agreed upon last spring, may be m
u arkso upon in this commie ion. Some 200 or 3,009
guereles were to be thrown into the border 00111 i.
tier, and were to assume the characters of refugees
seeking employment. Being armed, they were se
mealy to destroy Government property weerever
preetleabes. to Central the elections by force, pre
vent enlistments, aid deserters, and stir up strife
botveen tee civil and Military authorities.
A singular feature or the raids of the„ enemy re.
maies only to be adverted to, Vet: that the offiiews
concurring these raids are furnished by the renal
Government with quantities of United States
treasury notes for use within oar lintel, and that
these are probably meet frequently prectteedthroagb
tie e gene) (I'4 centers of tne erder. [Alt Ibis was
b• fors t.h6 St ki.lbans (Vt) raid !
Mary elan Yuman, believed to ba a tree mid Mtn,
in( witness, states that Forrest. Of the rebel army,
at one time exhibited to her aletter tOhimself from a
mtgwat rebel sylnpathizer 41!).(1 rne,MbOr U 1,2
order in Washings ov, D. O. to which it was set forth
that the Burn of *20.000 In " greenbacks " had actu
ally been forwarded by him to the rebel Government
at Richmond.
8. Destruction of Government Proper ly.—There Ii
no doubt that large quantities of Government pro
perty have been burned or otherwise destroyed by
the agency of the order In different localities. At
i Ll et' u th ls e v ne llil t e s'il i s li ti t p h p e i river, s ot
steamers thesabTleornglin6rtro' and
United States have been burned at the wharves,
and generally when laded with Government atotee
Shortly before the arrest or Bowles, the senior of the
major get erste of the order In Indiana. he had been
engaged in the preparation of " Greek tire," which
was to be found serviceable In the destruction Of
public property. It was generally understood In
the councils of the order, in the State of Kentacke,
that they were to be compensated for such destruo
lion by the rebel Government, by receiving a loom
mission of ten per cent. id the value of the property
au destroyed. and that tide vame was to be derived
from the cetimate of the loss made In each ease by
NortLata i.ewspapere,
0. Dotruction Private Property end Pereceution
rf Union Mtn. —lt Is reported Joy General Carring
ton that the lull development of the order in I alb
_al a was LA/owed by "a state of terrorism", among
the Union residents of "portions of Brown, Mon.
icon, Johnson, Rush, Clay, sullivan Bartholomew,
Hendricks, and other counties" in tat State ; that
nom some localities they were driven away alto
setter ; that in others their barns. hay, and wheat
reeks, were burned ; and that many persons, under
the general Insecurity of life and property, sold
their offsets at a writhe, and ragleged to ether
places. At one time in Bruin County, the mem
bers of the oreer openly threatened the lives of all
"Abolitionists" who refused to sign a peaos me
morial which they had prepared and addressed to
Congress. In Bitumen •aieo, similar outrages eorm
nettled upon the property or loyal eithene are at
trlbUtable in a great degree to rho secret order. •
In this connection the outbreak 01 UM miners in
the coal &Albite of eastern Teensylvaule, is the
autumn of last year, may be appropriately referred
to. it Was fully shown In the testimony adduced
Upon the trials of these insurgents, who were guilty
of the destruction of property and numerous acts of
violence, as well as murder, that they were gone.
ra-ly members cf a. secret reasonable association,
similar In all Mile OtB to the ce et the 'ne a t'
ir gs of which they bad been incited td the commis.
men of the crimes tor which they were tried and.
convicted.
Assassination and Murder—After what has been
ill/closed In regard to this tampons league of trail-
S Mad ruffians, it will not be a matter of surprise to
item Mat the cold-blooded 433aSSillatien. of [fa 812. Ott.
rens and soldiers has been included in their devilish
ethane of operations. • Green B. Smith states in his
conjesmon that "The secret assassination. of United
States officers, soldiers, and Government employees
hos been discussed in the councils of the order wad
recommended." It Is also shown in the course of
the testimony that at a terse meeting of the order
In St. Louts, in May or Jane last, it WS9 proposed
to form a Secret pollee of members Of the order for
the purpose of patrolling the streets of that !iffy at
tight and killing every detective and soldier that
could to readily disposed of; that this proposition
was coolly considered, and finally rel.:Mod, not be.
Cause of its fiendish character—no voice being ratted
against its criminality—but because only it was
deemed premature. At Louisville, In June last, a
rimier scheme was discussed among the order for
the Nu:lAm Ing ago butchering of negro soldiers in
the strata at night, and in the same month a party
elite members in that city was ecta , cily organized for
the pa rpm of th ro wing off the track of the Nashville
railroad a train of colored troops and seizing the
opportunity to take the lives of us many as possi
ble. Again, 10 July, the assassination of an etrox
ions provost.marebel, by betraying him into Las
bands of guerillas. was designed by members in the
kit:for of Kenturky. Farther, at a meeting of the
Grand COuncli of Indiana. at Indianapolis. on June
14th last, the murder of cue Ortfifi ' a government
detective, who, as It was supposed , h ad betrayed tee
otter, was deliberately discussed and - fully deter
/Wood upon. This tact is stated by Steiger in his
?.1)02 t to General Oar/114;M or Jane ITcu last, and
is more fully let 'forth In his teetiumay aeon toe
trial of Dodd. He deposed, that at the meetiog in
question, Dodd himself volunteered to go to Hamil
ton, Ohio, where Coffin was expected to be found,
and there "dispose of the latter." He adds that,
prior to the meeting, he himself conveyed from
Judge &Witt, at Louisville, to Bowles and
at Irdlariapobs, special instruction to have Coffin
"putout of the way"—"murdered"—" at all haz
ards."
The opinion is expressed by Colonel Sanderson,
under date or June 12 last, that "the recent nu
merous cold.hicoced assaseiliatiOne Of Milita otil
core and uneehoitlonal Union DlOll throughout tee
military district of North Missouri, eimeolally along
the western border, ,, is to be ascribed to the agency
of the order. The witness, Pitman, rot:events that
it is "a part of the obligation or understanding of
the order' , to kill efficers and soldiers, "whenever
it can be done by stealth," as well as loyal citizens,
when considered Important or influential persons ;
end she adds, that while at Memphis, during the
past summer, she knew that men on picket were
secretly killed by member, of the order approaoh,
lug them In disguise.
In this connection may be reealled the wholesale
assassination of Union soldiers by members of the
ore er and their confederates, at Charleston, 11110013,
In March last, in regard to which, as a startling
episode of the rebellion, a lull report was addressed
from this trice to the esident, under date of July
SI last. This eeheetted murderous assault upon a
scattered body of men, meetly nuarmeui —apparently
designed for the mere purpose of destroying as many
lives vi Union Soldiers as possible—ia a forelole
tration of the utter malignity and depravity which
charectertze the members of this order le their sell
to commend themselves as faithful allies to their fel
low. conspirators at the South.
It need only be seined that a most satisfactory test
of the credloillty and weight of much of the evi
dence which has been larniehed Is affwded by the
printed testiniony in regard to the claaraoter and
Intention Mae erder, which Is found in its national
and State constitutions and its ritual, indeed, the
statements or the various witnenoS are but pf cisme
tations of the logical and inevitable conecOonfeedi
and results of tee principles therein set forth.
In concluding this review, it remains only to state
that a constant reference has been made to toe'
elaborate offices-1 reports, in regard to the order, of
Brigadier General Carrington, commanding pis.
trict of Indiana, and of Colonel Sanderson, Provost
Marshal General of the Department of Misaouri.
The great mass of the testimony upon the subject of
tbo secret conspiracy has been furnished by these
officers ; the latter acting under the orders of Major
General I?eiecrans, ass the former eo-operatteal,
under the instructions of the Secretary of War, with
Mejor General Burtnidee commanding MUM of
Katuay, as Well as with Governor Morton, of In
diana, who, though at one time greatly embarrassed,
by a legislature strongly tainted with disloyalty,
in his efforts to repress the domestic enemy, has at
tact seen his State relieved from the danger of a
civil war.
But, although the treason of the order has been
thoroughly expmed, and although its capacity fur
fatal Initetief has, by means of the arrest of its
leaders, the Mauro of Its arms, and the other
vigorous means which have been pursued, been
still:duly impaired, it is still busied with its secret
plottings against the Government, and with its per
fidious designs in aid of the Southern rebellion. It
is reported to have recently issued new signs and
passwords, and its Members assert that put Tunas
will Sc wee. to
prey_
the stseccss Of Ow Adminiera,
teas at it.: culniug Eicetion, and tkreaun an evendett
revolt in Ks, Event of the re Maim. of Pre&itle:,l
Lincoln.
In the pretence of the rebellion and of this secret
order—which is but its echo and faithful ally—we
<manta but he amazed at the utter and wide sprsad
profligacy, pers,mal and political, which these move
teems against the Government disclose. The guilty
men orgaged In them, after casting aside their alio.
glance. 8e..111 to have trodden under foot every semi
meat of honor and every restraint of law. human
std divlno. Judeaprodnood butont Judas Iseirlot,
and Rome, from the sinks of her demoraltes.ttou,
produced ut one Conant°, and yet, as events p-nse,
there has arisen loydher in our /and an entire broad
of such tiairors. ail animated by the 8077dC parricidal
spirit, and all Waggling with the same rel,entleas ma
lignity for the dismemberment of our Union. Of this
extri.orcifnary phenomenon—hot paralleled, it is
to - del-co, in the wood's history—there can be bat
ore explanation, aria all these niaciteued and fetid
streams of crime may well be traced to the same
Mutton fountain. .$0 fiereely intolerant and. im
perious was the temper emzetalered by s6very, that
%Men the Southern people. after having controlled
the national cemicilo for kilt a century, were beattn
at so election, Meir leaders turned upon the GOMM.
went With the insolent fury with which they ',mid have
ds own their revolvers on a rebellious slave in one of
their nip o quarters ' • and they have continued since to
prosecute their wavrare amid all the barbarisms and
atrocities naturafft, and necessarily inspired by the
infernal , institution in whose interests they are mei.
Acing alike themselves and. their country. Many' of
these conspirators, as is well knowu, wete fed,
clothed, and educated at the expense of the nation,
and were loaded with its honors at the very mo•
moat they struck at its life with the horrible
vi a k()a stabbing the bosom of his 'owning
ther, while Impressing kisses on Me nuke. Tne
Itadere of the traitors In the loyal States, who so
completely fraternize with these Conspirators. and
whose machinations are now uninwdied, it Li as
clearly the duty of the Administration to prosJoate
and parish, as It is Its duty to subjugate tue reboil
who are openly In arms against the Government.
In the performance of this duty, it is entitled to
expect, and rill doubtless receive, the zealous c--
operation of true men everywhere, who, In crush
ing the truculent toe ambushed in the haunts of
ibis secret order, should rival in courage and f
fttineSS the armies Which are so nobly sustaining
Our flag on the bettie-mVe. or the Routh.
Respectfully submitted.
3. MOLT, Judge Advocate General.
THE DEAD CONFEDERACY.
England's Concessions to it
all Withdrawn.
Secretary Seward's Official Announcement
of the Fact.
WASIIINCITIM. June Ig.—The Secretary of State
bat aildreteed the loltowing to the Secretary of the
Navy.!
DEPARTISIBITT OF THB STATE,
WASHINGTON, June 19, 1865.
Han. Gidegn Welles, Secretary of the Navy :
Sin : I have the honor to transmit for your in
formation a correspondence between Sir Frederick
W. IL Bruce and the department, upon the subject
of the withdrawal of the pretended concession of
belligerent rights to the insurgents.
In view of this correspondence I suggest, there
fore, that you communicate to the naval officers of
the United . States the results following therefrom,
namely
Prild, Gnat Britain withdraws her concessions
heretofore made of a belligerent character from tiw
insurgents.
Second, That the withdrawal of the twenty-four
hours' rule has not boon made absolute by Great
Britain,_ and that therefore the customary courte:
ides are not to be paid by our vessels to those of the
British navy.
hi) d, The right of Search of British vessels is
terminated. 01 MBES this has no boaring,upou the
or trotter' of the existing slave-trade treaty.
Fourth Any insurgent or plratioal vessels. found
on the high sees may be lawtully capturedhy„ yes•
eels of the *United States.
I Lave the henor to be, sir,
Your obedient servant,
WILLIAM
Seoretan of State
Conventiom of CoisgregicaiOrcanatli•
BOSTOar, June 19.—The seisiona of the Clongrega-
Monal churches held in the i,alor,at Vernon etturob.,
ate expected. to continue through the present wank,
juropug tho subjects consldet sd. to , daV, were mint&
terial education, building of new churches, undue.
tematiling benevolent eoemlbntlons.
tarieti Of resolutiour.. Wart , nuoptca on t;i. state
et the country.
Governor Andrew visited the session Ws after-.
Loon where he was very cordially rocsicg4.
R ev . Dr. Thompson, of New Toxin assletrAint me.
aerator, made a highly complimentary hditress t o
e Governor, to which a appropr/AIA Tempo=
LAS iren,
•
PHILAI /ELY TA, TUESDAY, JUNE ?20, 1866.
THE TRIAL.
MERU MENGE'S ARGUMENT
FDA , THE DEFENCE.
Denial of the. Jurisdiction of the
, Military Court.
DECEDENTS ! UV, THE CONSTITUTION, it.,
CITED AND ELABORATF,D.
The Civil Law held to be Ever Su
preme, and Especially in the
Case on Trial.
Witnesses for the Prosecution Asserted to be
Accessories to the Murder.
THE DEFENCE OF HAROLD, ARNOLD,
AND O'LAUGHLIN,
WasmlnaTow, Jutel9.-131r. Aiken stated to the
court that he would not be prepared natil Wednes%
day to read theargument In the oase of Mrs. Stiratt.. ,
Tie delay was attributable to the volamlaods ova.
&ado previously to be examined by him.
Iteverdy Johns°"Os Argument.
Par. Clampltt read the e.rgumeat addiessed to the
preEldeet and genteettleat tit the eonatutedott. sighed
by ReverttyLthECll end Concurred Ir. by Frederic,
A. Adgen and John W. ciEtmpitt as associate eosin
“al tor Mrs. Mary E. Surat.
Alm I'lleelDrieT AND Cl anTrastame Or VIA COX
-70-10e1014 : lies the Commis/4m jureleitition of the
cases Lofoten is the question welch I propose to
MECUM That qttestion, to all courts, civil, orimi
nal. and military, Must be considered and answered
effirmatively before judgment can he prontrauced.
Aid it must be answered °or/Tatty, or the judgment
eronounced Is void. Ever an interesting and vital
'equity, it Is of engrossing interest and ofaw int lei
penance, when error clay lead totbo unauthorized
Salting of human lite. In such a OM, the Ceara
and tee effacer who is to approve its judgment and
have it exeouted, have a cement pannier to them-
Selves. A respotability is 111'70111.3d, which, how
over °ensue:m[loes)) , and firmly met, (mullet fall to
awaken a great solichude and !educe the most ma
ture le rsideration, Even honest error afford: no
impubley. The level perm rat coestqueeces can
net be avoided. Tilts Is said with no view to eh-Ike
your ermines. Such an attempt would be dee
courteons erd evert:limbic. Tim Commission will,
I am sure, meet all respousibiley as becomes gen.
Caner, One SWUM My sale obvert in adverting
to it Is to obtain a welectreiderad and
Metered judgment. So far, the ocest,loll of
jittlieletlen has not bean dismiss - el. The pleas
which specially present it, as soon a 9 filed, Were
overruled. Thu commlealou you are eating limier
el itself could not and coos net Coeldl3 le If un
authorized, it is a mere rinlicy, the usurpation of
a power rot vested in the Executive, and coeferrieg
us' authority whatever up'n you To' hell other
wise *yolk: De to wake the Executive the 0.1011131V0
and conclusive judge or its own powers, and mat
would be to make teat departmentoranipercut. The
powers of the President under the Constitution are
amply sulliment to give all needed effblettoy to the
I Ole* Tie COLVeletlon that formed the Oanstita-
Lion, and the peeple win adopted it considered those
powers Sufficient, and granted no °there: Bangs! tit
liberty is mere to be dreaded from. the Exeautive
than from any ether department of the Govern
ment. So far, theretore, tram meaning to extend
Its powers, they were studious to place them be
yond the reach of abuse. Before entering eon the
execution of hie office," the President is required
to take an oath " feetedully " to discharge its
duties, and to the beet of his " ability pre-
Fern, protect, and defend the Constitution of the
United :mates." He le also liable to be "re
moved from aisles on impeechment for and
conviction of treason, bribery, or other high
crimes and misdemeanors." If he violates tee
Crestitutten, II he faits' to preserve it, aed, above
ell, if he usurps powers not granted, be Is false to
his officiel oath, and liable te be iudieted,convimed,
and IMpritobed. In ouch a contluKency "he shalt
Le removed" is the command of the Consiltutlett.'
Ills powers, all of them, in peace and in War, are
oily such as the Constitution confers. The enarac.
for ofthe men who composed tee o Myeetion, and
the spirit of the American people at that peeled I
would prove this. Hatred of a monarchy, from ventoti *
they had recently separated, and a deep-seated love
of coratitutional liberty, constituted them a people
who could never delegate any executive autnorlsy
not so carefully restricted as to render its BMWS
almost impossible. Phelps observations, I supp.die,
Writ not be denied. Heeee it follows that e._,a_execu
tivetatie_ beyond cassettes:re auestorel - baMturnisa no
--dereriee against the 10851 ooneeereience; of what area
dome under It. The question of juledietion may be
raised by counsel at any stage of the trial, and if it
is, not the court only may, but is bound to notice It.
Unless jurisdictime, then, exists, the authority to
try does Lot exist. reel whatever is done is "crass
90.4: juekee , awl utterly sold.
O'Brien tells us the question may be raised by de.
teener if the facts Charged do Lot must:Lute an of
farce, or not an offence cogelzable by a =nary
court, or that it may be raised by a special plea or
alder the general anew not guilty. (O'Brien, 248 )
Dollars ease: "The cones is the judge of Its own
competent.) at any stage of Its preeeedlngs, and is
lamed to notice questions of yarlSdlctlon weenever
ratted." (liiHe.: t, 111 )
The decision of this question being essential to
the validity of Its jedenatne the oommistion moat
decide whether it b.b 8 jurladlotion over thee° parties
aro the crimes imputed to them. That a ten:meal
like this has no jurisdiction over other than el li
mey °fleeces, fa believed to be self evident. That
ounces dallied and punished by the civil law, and
those trial is provided for by the same law, are not
the subjects cf military juriseicelon, Is, of course,
nue. A military offence must, therefore, be made to
appear, and when it is, It must also appear that the
wintery law provides for its trial and punishment,
otherwise the ease is unprovided for, and, as far as
the military power Is ooncerned. is to go unpunished.
But, ea either the Civil, common, or Slat Ute law am
reeves every SveoleS of 011ene 8 that the United
Stein Or the Staten have deemed it Locoesary to
plinth, in all such cases the civil moues aro teethed
with every teceEsary juriedictien. In a military
court, If tee charge does rot state a "crime provi
ded far by any of the articles of war," the prisener
must be Gisel - aged. (O'Brien, p. 238) Norls it sue
Ileleet that the charge is of a crime Anoirn to lee
military law. The offender, when he commits it,
roust be subject to military jurtatiotion. The gene-
ral law has "supreme awl undisputed kali:Action
Over all. The realtery Jew puts forth no such pro•
tensicei y it 111110 S solely to en:force 110 the .Td(110T the
additional curies he has assnuead. It constitutes
tribunals ter the trial of breaehee of military duty
only." (O'Brien, pp. 23, 27 )
The erotisions of the Coretttation clearly main
tam the sumo doctrine. Tee Eeenutive has mu, eu
thorny " to decette war, to raise and support ar
mies, to prevlde and maintain a navy," or to metre
"tutor nor the government and regul3tlon" of olthor
foice. These powers are exclusively In o,lllgrelB,
is, Ellale:nd the King hey this power, though Pen.
llateens has frequently : interposed and rego toted for
itself. But with tie it was thought &Omit to give the
entire, power to Congress, "sinee otaerwise card-
Leary and severe punishment might be 'aliened at
the mere will of the Exeentlett " (3, Story's Corn.,
sac. 1192.) In respect to °Mena not belonging to
the army or navy, the power was conferred exolte
sively on Clongre,se, to prevent that °less being
made the objects of abuse by the Executtvo. 'rite
existence of such a power being vital to discipline,
it was necessary to provide for It, but eitizees net
telengleg to the army or navy tame not, under any
circumstances, to be deprived of arty of too guardm
tees of personal liberty provided by the Censtetti
con. The very nature of the Government is 'neon•
eleteet with such a pretension. It is a rats of inter.
pretation coeval with its existence that the Go.
sertmeht posEestee no powers ungeanted hy, ,ex
press delegation. Tide weuld be the rule ine
eldent to the very nature of the Constitntleue
but to make it an imperative rale, the tenth
amendment &claret that "the power not
delegated to the United States by the Coe.
:entitled, nor 'prohibited by it to the Stases, aro
'
reserved to the Steles respectively,or to the people."
Ibe power given to Congress 13 "to make rules for
tie government and regulation of the land and
.naval forces." And these words are to be construed
to exclude all others, as if negative words to that
tffeet bad DM added.
but, es joules were our tomb= of unguided •
yewor, and so vigilant to protect the citizen &mane,
it, they were unwilling to leave him to the safe.
guards which a proper construction of the Constitu.
you furnished. They determined not only to guard
him against executive and judicial, but against
Congressic nal abuse. With that view, they adopted
the tete constitutional amendment, which deli gene
that "no aerson seen be held to answer for a cap'.
MI, or otherwise intanious crime, unless on a ore•
serturent, or Indictment of a grand jury, except in
Cates arising In the land or naval torces, or in the
militia when In active service in time of war Of mite
lic dal gen , '
. This exception Is designed to leave in force, not to
enlarge, tie power vested in Congress by the origi
nal Constitutien. "The land or naval forces" are
the terms used, aed, earl lately, have been sum
',teed to exclude from military jurisdietion offences
committed by citizens not belonging to swat forces.
Kent, M. a note - to his 1 Com, p. 311, states, and
with accuracy, that "military and naval crimes
and offences committed while the party is under the
Immediate authotity of the army and navy,
era In actual service, are not cognizable un
der the common law jurisdhnlell et the Courts
of the United Stelae Acoordtog to this
great authority, every other elan of persons
is entitled to the protection of the proceeeing Dy
presentment or Indictment, and a public trial in a
°MI. court. If the Constitutional amendumet has
net that effect, then the provisions in the sixth
',Lime:meet are equally inoperative. They, "in
all criminal prosecutions," give the scouted a right
1 to a speqy anal reib'ee trial, a right to be Informed
, of the nature and cause of the accusation ; to be
crefrotted with the witnesses agaluot him ; to Olm•
ye Story procem lor his
bin , and the assistance
of counsel. The exception Menne amendment
applies, by necessary implication at least, in part
to this. For tbe provisions of the sixth amend
infra, unless subject to the except-lens of the fifth,
rebillel he ineenteiteut wire. the for,.'ohs sixth Is,
'therefore, to be conotrutd as if it LI words contained
the exception.
If a military commission can depriets a. eltleen of
Alm bereft( of the guarantees steered by the fifth
an.endment. It can deprive Lim of those Eatilled by
tie Sixth. It may deny him the right to "a speedy
and public trial," ineemation "of thee nature and
cause of the accusation, , of theeight "to be con.
netted with the witnesses against hip ,VV of "Corn
pulecry process for his witnesses," and of "the
aseletance of counsel for ble defence.'! That this
can be dere to cue has, as yet, maintained. No
°Wien, however latitudinarian e of Executive
power bas to this time been found to go to that ex
tont No writer has ever maintained snob a &te
tra. e. Argument to refute It le e,auseessary. It ree
fetes title For, if Sound, tee- sixth oruendment,
which cur fathers theueht so vitattoindide tell Übe?.
. ty,wbon essence by governmental ereseention,leteut
a Clad letter. Against Sltidla doctrine the var../ in.
blinds 01 Maraca revolt. et has no foundatiere but
in the principle of unrestrained, Weenie newer,
I and paveive obedience: to it be well foundal, then
1
are we, indeed, a natiem of slaves and no of !ree-
Men . .11
put tbe Conatentiort is not so fatally defective,
In ever and In peace it Is equally potential for the
prep:lotion Of the general welfare, e.t.d. as 11070lYed.
I
in arcs) necessary to such Welfare for the protection
of the milividuel citizen. Certainly, until this vie
Ihellion, this bra been the proud and cherished con
viction of the country. And it is to this oonvietion
1 and the ELDSIITaIICO that Itemild never be shaken that
I OW real, proeperity is to be referred.- God forbid
i that sieve power, copendant for its exeeelers on Die-
I gallop W,41 5)/11 . 4 0 3 .0 ; 1 .4 nboucitted MM . ' ?We.
Should that unfottunetely over emu, the 13 , 10111388
if our aeoestors and the design of the Conetitution
Will all have been it vain.
1 proceed now to examine the grounds on which I
MD mfortned your jurisdiction is maintained.
1. That it !sun incident of the war power.
That power, whatever bo Its extent, is excinelvely
in (hyenas. War can only be deolared by that
lady. With its origin, the President has no con3etn.
whatever. ArlDieS, which are necessary, oall.ollll
ho raised by the same body. Not a soldier, without
its authority, can be brought tutu melee by the
t MUIR% Fir, le el impotent to that end as a PV"
rate eiti2ell. Armin raised by c onareeeterind au
thority, eati may be governed by "rules" pre.
scribed by the same authority. The Executive pos
sesses no power over tie soldier, exoent such as
()ogress may confer upon him. If it was true that
the creation of a military commission like the pre
sent le incidental to the war power, It must be mkt
• tbOrmed by the department to which that power be
imps, and not by the Executive.
And if it be Involved In the power "to make rates
. for the government of the land and naval ierces.ii
Abe result is the same. It must h :re doe. "" '-'°°'
WIN 10 Whine time power - samustvelv ' belongs.
Has Outgrew, then, aeon dither power, featherbed
euch a Commiselon as this ? Tr it has, let am Statute
, be produced. It is certainly nor dime by that of the
. 10th el Apriloseee No military courts Ere *there
menttoreet or provided for bat oourtemertiel and
• am ts (limitary. 1 1 .111ftery (Jommissioas are not en ty
not autborized, but ate not oven alluded to. Tee
perks who, under that set, can be tried by mum
ma:Ma or cr llf te a Inquiry, are not made auejtet
to trial by a military commission. Nor is such a .
tribunal mentioned in at-y prior statute, or in any
albredillent One, Until those ortheeTtle of July, tn.
*a) 61 the 3d oi Warn, 'OO. In Ur,. fitii Etattaln of
the that, the records or i• military ciemtutastonso are
,to be retuned for revision to the Judge Advocate
ateneneal:
wbasß p
But how h
owsu
t cn eyt o commissions
toh
avae, hoereto t . b a r e n t;
tit
proceedings aro to be conducted, or what eases and
parties They are to try, are not provided for. In. the
08th section of the second they are mentioned al
competent to try percent "tusking or tinting as
Wee."
But, if military commissions Doll be created, and
frog their very nature pesecesjurbrelotion to try all
alleged military cffenees, wily was it necessary to
give them the power, by exprerj rirdB. to try per•
80118 "lurking or acting as spicsi' What reason
oitn.be soggested lon conferring tee power by ex
prees lane Dago thee, that without it, it Meld not be
pt.:neared Befere these stotute3 Were passed a
Was failed a M
con ilitary Comensaion had neon
l i t
tamed:b .Ihe Executive, to eI:AMIDE! into celesta
military debris against the Western Department.,
moo Comereee, on the 11th of Blarch,lB6l, provided
tor the payment, of its awards. Against such% emu
mielen at, ovjectien can he made.
i. But, until Ws rebelden ' a military commission
llke the present, organizedin a lie al State or Ter
ritory, when' the courts ars open and the proceed
ing's unobetructed, clothed with the jurisdiction at
tempted to be immure' upon you, is not to be found
Denesioned or even alluded to by any writer OD mill.
Levy law in England or the Vetted States, It nes
its origin in the rebellion, and nothing is Mere ear
ram titan that it will be an almost equally danger
cult hetearto onstltotional liberty, and, the Mel
lion ended, perish with the other then and foreve.r.
But such commission's ware authorized by Lieu.
rt Dan t•General Scott in his Mexicae cealpaign. 0.1
&Le Me of September, 1E47. he republisned, with
& t witters, els order ef the MU of February pre.
NMI*, declaring martial law. By tals order he
authorized the trial or certain offenceS by military
eon misolons.. From their jurtadietien, hpwevar s ha
excepts eat-es "clearly etgolzable by courctronor
tild," Bea limits the °dace i.) ho tried to such as are
"not provloed ter In the act of Congrese establish.
Irg rules and articles for the government of the
aeciles of the United Stems."
And be further toils us that even this order, when
handed to the then t,iceretary of War (21r. iris.roy)
"for Ids a/Werra," was "soon silently returnee z ,O
too explosive for safe handltegei i , A little later,"
he seas, "the Attorney Geueral (Air. Cashing)
s flint fora copy, and the law Meer of the Gewerm
sent, whose Menem It Is to Spook on all BUDD Maim
leis. was stricken with legal durntmes.s." (lb.) Now
Peliell more paralyzed .W.i13.4.1 r.Leae great men have
bete lend they been, contrite° ou sash a esuataloston
—a. eonoirstun Dot to it In &whiter dteletre eau
try (fencer' not previend for by any law of the Uote
WI - States, civil or military, then in force, out in
their own country, and In a part of It whore there
are leas, and civil courts clothed with ample powers
and IA the daily and uudietarbed exercise of thole
jurisdiction.
The second clause of the order mentions, among
otter offences to be settled, "asonsination,ruurder,
polsimieg," and its the fourth (correctly, as I sub
mit.) Le states that -'the rules and articles or war."
t d i
t u s ta a p t r e b o yr
Ir et on ; o o r o th , e " ru n
e a v utr e a n t
c o n f m a , a i r a o u n d e
b o y f Vi a e
olviduals et the army upon the pereonS or property
of otter Individuals of the Barrie, except In the very
restricted ease a the ninta of the artielesei The
authority for even this restricted oommuden, Strata
not more eminent 08 a sele.terithan civilian, placed
entirely upon the ground that the named o antes,
if committed in a foreign country by Americau
trot ps, could not be punished under any law of the
United States then in roree. .
If it .
he suggested that the civil courts and j arias
for this district could not safely be relied upon ter
the trial of these calms, it would be an unj ust retie&
Mu upon the judges, the potpie, and upon oar civil
lestitutions themselves. if It be euggeeted that a
'ecru .oral, in whole or In part, collet not be had
befere any other than a military tribunal, the an
swer is that the Constitution, "In all oriminal pro-
Elevation," gives the accused the right' , to a
trial." So abhorrent were private trials to
our &neuters, that these were denounced, and as
they no (mute thought, so guarded against as In all
tut ure time to be impossible.
Ent the soggestten el o rests on the Idea that the
telly r bject the Constitution and laws is to :Ilford
means to establisb the alleged guilt. Teat accuse,.
Lien is to be eeteemed prima fecia presumption of
guilt, and that the Executive should bewared with
all the appilabees deemed by him necessary to maka
trmenreeemotien emelt:sive_ ro4o - mere d
more danirerocurru: =The peril to the eltizert
11on1 inch a proeecution, the eteakeutary principles
01 CCDSlitutional liberty—the spirit and letter of the
Constitution itself—rectallate it.
Innocent parties, sometimes by private malice,
sometimes from supposed publics policy, have been
the subjects oft criminal socusation. flow are such
parties to be protected if a publie trial can be de
tied them, and a secret one, in whole or in part,
Emanated? A. trial so conducted, theuen It may
not be intended to procure the punishment of any
but tin guilty, subjects the innocent to great dan
ger. Jtatartabes of the character of the inquisi.
tion, white?. the elvilmation of the age has driven
DiOrrhe Loll out Of eXiSteries. in the padmiest days
ot thertrieneal, heresy StiSpeeted 'gala:llpin around
for arrest ; sceomploes and criminals ware received
RS wittersos, and the Wtiole trial was secret, and
ecnducted In a chamber almost as silent as the
grave.
Can it be that a Went trial, wholly or partially,
if the 3-xecutive so amides, is all that an &mere:an
citizen is entitled to? Sum" a doetrine, maintalced
by an English monarch, would shake els Govern
meat to its very centre. It will be no answer
them obzervatlons to say that this particular trial
lies been only in part a secret one, and that seereey
will never be resorted to except for purposes of jus
tice. The reply is that the principle itself is &cede•
Elibtetit with Americtia liberty as steered by consti
tutional guarantees. It makes these guarantees
cli,i;eLaeLt on•Execulive will.
patriotic authors of the Consiltution intended
co area° the citizen, in this particular, beyoad the
Wee% not only er the Lavontive, bat ca every do
jrartment of the Government. They deemed the
right to a public trial vital to his seenrity and 1113
protection. A public trial of all criminal proseca•
tame they therefore secured in unqaalitled terms.
What would these great moo have said had they
Leon asked El) to quality the terms as to warrant its
zefeeal nidor any circumstances? What would
they bare said if tole that with , .llG 01.1rh Tialincra.
Lion, the Executive would be auto to impose it at
ix eldental to Laccadive power?
11. Let me present the queetiOn le another view.
It such a eommisalon as this can be legeelly con stitu
ted, can it be dote by mese Extroutree autitorityl
1. You are a court, if loyally existing, endowed
with momentous power. Ey the eXpreES words of
tie Constitution, "an army can only be raised,"
gevereed, and reoietted by the !ewe peseed by Con
eress. in the exercise of the power to rule and go
vern ii, the, act balers melee - 4 to, of the Mtn of
April,lBbe, oaf/learning the eteiclee of war, was
passed. That act provides only for ceurteemartial
end counsel inquiry, rent designates the cars to be
tried before each. Military COLUISrMiViro are not
Mentioned. The jurisdiction of se-se. comet; 13 aido
exclueively legislative. What eesee are to be Wed,
how judges are to be solvated, how queeitied, what
are Use rules of evidence, and what pantahments are
to be %tinted, teloug to the seine department. The
very element of constitutional liberty 18 a sopera
'lion of tee legislative, jellinial, and executive pew
ere. Article lot of Corr 13011Fitittitiell declares that
~ a ll legislative powers herein granted shall be
Treated in a Congrese. ,, . Article 2tl vests the exe..
cutive power" in a President, and article lid "tin
judicial power in certain designated courts a.ad
In courts to be thereafter oonstitated by Congress: ,
If, then, courts, their laws, moilog of preneldiag,
and juthimouta, Wong to legislation, in the
absehee Of legislation in 'regard to this court and
Its jUriSarctiou to try the present CaOrIS, It lies no
legs; existence orauturrity. The executive can
not confer It. , The Waage to be tried by It, the
punishelout it may award, Minna, for the sates
reason, be preteriboo by` the executive. neat) ail
exclusively belong to Congress. If it be contended.
that the executive has the powers in question,
cause they aro involved in the war, power ue In the
President's conetithetlonal function as Ocinmander
iteChkf, then this would follow—that they would
not be sahjeel to .Corgressional Control. If tills be
to, trio executive ma not only constitute and raga.
late military QOM Milelo2l6, piesealblug their 5.00175,
but all legislation Upon tee sabject by CAUfr,r4as
would be usurpation. Teat the proposition leads
to this result would seem to be clear, and if is does,
that result Welt is inconsistent with all legislation
and executive practice, and so repugnant to COLON!,
tutional liberty that It demonstrates its utter un
souttanere.. Tbe end of the power given to Congress
to melte rules for the government and regulation of
the land farces tenant be attnined except through
uelformity of government and regulation, and this
Is Dot to - be attained if the power is in, two hands.
To be , elftetlVe, therefore, it Must be in one, and the
COAStitatiOn gives it to one—to Congress—in se
crete) terms. In the absence, then, of all mention
of military commiselons in the Constitution, and in
the ate ence of all mention of such eon missions in..
the act of the 10M of April, 1805, how eau the power .
be considered as in the Preeldent I
.. ...,. .
I.' stated that the constitutional guarantees re.
.far . to are designed only for a state of peace.
fli rell tA
s not a syliao in the inetrument thitt jas ti.
I•
'CO, even plausibly, suoh a qualification. Thesen.re
remind ,by the, most general and comprehensive
ten's:, Iles ales:Aso more peculiarly nom:near; to
i he*ourity of psreOnal libel ty la war teem la peade.
AM-last ory OHS US thIS. tudirldual safety In times
‘ , f trials more in peril than at any other. (:Ort
°tlentlonat limitations and guarantees are then an.
solotely necessary. The maxim " sales pup:l4 su•
pre , l7la eat lee " is but fit for a' tyrant's use. Under
tqi pretenco the grossest wrongs have noon own ,
mittoo, awful crimes perpetrated, and every prints"•
pie of freedom violated, until at last, worn down by
coffering, the. people ' have acquiesced in a dea
-1 Mimi Nature wnhout taw would be chaos, gov ,
eminent without law anarchy, or despotic.
. It the power in question is claimed under the an
tbority supposed to he giren the President in cer
tain cases to suspend the writ of nukes. corpus, and
to declare martial law, the otalm 15 squally uuttimw
ble: The first of these pervers Is pt van. the Prot.
Gent "lii;her. IC eases or reeenion or Invasion," he
.dettue thh public safety nstiuirti it. 17.•?lin''' he has
tr,t, power, but there arboreta and r,ardiatio WWII
who think otherwise. But If he has ti, er It be In
Venoms alone, its-eurcise works no other result
than the suspension()) the writ,. Or-having the manse
of arrestspaesed uptre,at once by the Ceti j UtlgeS.
In what nourt, or Dow he Is to,he tried, what eel.
d e rma is to he ad,iiittod, arid what jade:meat pro
nrunced, are an to DS what tne Constitution se•
tures and the Imes provide, Uhell there Is to sus
pension of the wilt The purpose of the Writ is to
. etlcertain theriegality of the arrest. If adjudged
• host, the party IS detail:42d, if illegal; diS•
'Cbargcd. SW., In olthcir oonthigenoy, when
caned 'to arswer any oriminal accusation.
and he is 3 civilian and not saldect to toe article:,
of Isar, It usi be 1)0MG, by Vt.5.1111121 , 511t or Indict.
meta, wild his trial ha had in a Call !Mart. TAG
very tans, too, that expr.sse power Id giver In a eer 7
Cain conettionot thiei,s, to suspi,nd the writ referred
to, wh.it no vowel to suspend, or deny any, of
' the eiher sect:Titles for personal Merry, is COnelw ,
sive to tiLow that all the latter were designs.), to be
in torte In an C-74813.
111. I have already referred to them% of ISefi es
tat-MEl:tog the articles of Viar, and said that It
vide; for no military °tint like this; tktt, for argil-
Dlerit'a save, let it be &der:Hied. I then maintain,
t: at it does not embraft the Crimes Xiargetlaqalnet
tteso parties okthe parties thomf civets.
First i the c harge is a traitorous oot.pirooy to
tribe the lives of the designated persona Second.
thra,in the exeittilim of tip conspiracy the actual
-murCer of the late Prosiaord, and the WA:mired
usw an of f,ho Stmt.() 17 orgthte wowed, ThrOTAPC•
. . . . . -
out the charge and its specificatione the c.nisplra•
cy and its attempted execution a I%i alleged to have
been traitorous. The accusation, therefore; is not
one merely of 'herder, but or tnurk:er designed and
net accomplished with traitorous purpose. If the
oharge Is true and the Intent be sled true, then
the crime is treaeon and not simple mune.
Treason againet' the United States, a 1 defined
by the Constitution. can 4, consist only In 'Dirtying
War against them, or In adhering to their ettristies,
giving thud aid and comfort." (84 Art.) lhid defia
. t b r...in o t d oil t s ,,, u r e o n n o adu. th re e ili r o th rl e m o o ffm t n ha ce n the
e d e m il i n m ef ,y ogs
tics provides lino pinta Shall ha OfinViet.ed or tree*
son except on thetestiMony of two witnesses to the
p.m° overt cot, or on confession In open court n•
The °dime° in the general 19 the same as in
England. In that country, no other treason ie
recognized. In the pendency of this rebel
lion it has been alleged thst there wilds . with
us the cli..r.ee of military treason, punishable by
othealleYltt war.
t . / LE2ol i itifoifidtrlifillielir in
nessee:ei LB btu of March; lidig But lialecit
t en e t: i f
a n e er e tt t, t to sot: t,e oe committed upyin s g at nitsetrtrihteora ofy or
eren,y, But Op term 7M/teary treason is not to be
,Inuno in any Erolish work, or military Weir, or,
baton this rebellitm, in any American authority.
It has evidently been adopted during the rebellion,
on the authority of continental writers in Govern•
mate less free than those of England and the
,Uniteo States.
But it Halleek 18 right, the CMS before you are
Ott cases of military, treason,. as he dent:lea it.
Teter, the tffences alleged are stated to have ore
coned in this District, the United States were not.
..n its occupation es a belligerent, nor WM it
.pretended that the people or this Dtatrict were,
111 a belligerent eense, enemies. GA tee
contrary, they were citizens, entitled to (mere
debt of citizenship. Nor were the parties on trlat
=Melee. They were tither entities of the Die-
Diet ur of Mare land, and meter the protec
tion of the Constitution. The offence charged
then, being treason, It 18 treason as knowei
to the Clonstieution and laws, and Den only no
tiled anti pubtatted as they provide. The offence,
teen, being treason, as known to the Constituelen
its trial by a leathery court'is clearly illegal!
Ueder the Constitution, Le conviction of such
en offence can be had "unless on the ten.
timony of two witnesses to the overt sot, or on
contesehn in oven court.. Under the law' the
parties are entitled to have "a copy of the inden
t:Ate sod a list of the jury gnu irtrnapeva, with
nalteB and places of abode, at toast these
entire days befoul, the trial. They also have
the right to challenge perempterily thirty five
of the jury, and to challenge for Cantle without nail.
teflon. And, finally, unites the Indio:merit shall be
found by a grand jury, within three years next after
the treat en done or Committed, they shall not be
prosecuted, tried, or punished (set 30th April, 1700,
1 Stat., at large, pp. 118, lit). Upon what p aside
peened, thermore, can this commission possess the
juriediction claimed 1 It is not subject to the pro-
Aisles! s stated. The safeguards deembed by the
Conetitudon, if it has tech juriedlatioa, are um
availing, Trial by jury our Popish ancestors
decreed "the groat bulw.ttlt el their civil and
political liberties, and aatelted It with an un•
ceasing jselousy and eolleitudeet It constituted
ore of the mndamentel articles el Menne, Marta,
wallas liver home ,a,platur ace imp 'handle. ate eve
nut abquo node, des:ruder, ere, nisi per legate
juAssutaparium seerum, eel per It gem germ." This
great sigh; the American Colonists brought with
Meal as their birthright. It landed with them at
Jamestown, end on the KO= Of Plymonte, and was
terully prized by caVelier and Purloins At Defects
during the rebellion it has been diark gbtdOd and de.
nied. Tie momentous nature of the mists brought
abent by that etopenoeus Crime has Caused the peo
ple to tolerate such dist void and denial.. But the
mists, thank God, has passed. The authority o! the
Oe. Irma nt throughout nor territorial limits is
re-
MGetated eo firmly that reflecting men ere convinced
that the (Inger has (assert never to return.
The result proves that the prinelples on which the
Gevernmera rests have imparted to it a vitality
that wilt caws it to endure Inc all time, in spite or
foreign Myosin or dotuest - e insurrection; and one
of those prtncfplea, the ceoteeet one, is the right fn
esste or - es-maned prosean'lonS ti) a speedy and
etiele trial by an impartial rosy," and in cases "
treneon to the addlifenal securities before advert-
Ed to,
IV. Bet to proceed, The a i l e d e n eof war, If they
provided for the punishment ore le 4 mime on trial,
end authotztd such a court as6o, 10-) not include
such parties as ale on trial ; ante teettl the rebsii ion,
I ern not swami that a deferent construction was
Ceti intimated. It Is the exclusive fruit of the re
bedtime-
Ito title of the act declaring the articles is "an
set tor establishing rules and articles for the gove
Milani Of the armie, of the United Stets."
'3 be first section states that "the following shall
be ;he eel. is end articles by whieh the armies et the
'tithed States shall be governed," and every other
ortlele, except the beth and t7th, aro In words °m
imed to pereans belonging to the army in some ea
peel* or otter. It Is held by some because =oh
welds are not used in the articles referred to, it was
tee deal= of Congrees to boolude persons win do
t Weir. 10 the army. Tuts is a wradie untenable
cc nein open ; but if a correct one, would not j esti I v
Dm use sought to be made of it. The offences
•et anted are a traitorous conspirney, teed tnnrder
Cr;'mitten in portuence of it. Neither offence is
emelleced by either the both or 67th articles of the
atillelne. Ike 56th prohibits the relieving:he enemy
nee Money, victuals, or ammunition, or kmiadogly
he 'erring reed pi ourctrog him, the 57th prohibits
cede the '!folding correspondence with, or giving
it reef eetee co, the enenid.”
Pus, in fact, the two articles relied upon admit of
eo each donstruCtlon, Tate se thoeght obvious, not
only tie= the general character of the ad., Nit be•
mese tee see immediately preceding, like all those
receding and eucceeding it, other than the My
texth alit fttneevente., Leen= only persona belong.
Mg to the "armies of the Dieted States n. Its tan ,
euseo is, "whomever ' , elem.:log to the armies of
the teat= States en ployed in foreign pelt)," shall
de the act prohibited, snail suffer Mrs prescribed
periteemene. .Now, it la a famine.* eau ee leieemeee
cation, that lIDIOEB something in the f 'new.
ing enctieee thee clearly shows a purpose to reek,
then more eomprehenelve, they are to be construed
he kV, tjact to the same limitation.
And ellen it le considered that the power exert ,
cited by Congress in pusher; tiro statute was merely
to matte rules for the government and regulation of
the army, it is great Injustice to auppose that, in
exercising It, they designed to legislate for any other
dare. ne words, therefore,in the fifteetifthartiole,
"brlcreeleg to the United States," qualifying the
Immediate preceding word, "whoeceveret arc ape
paceele to the fifty sixth and fifty seventh, and
equally qualite the some word, "whosoever," alge
need la each of them. And, finally, upon this went
I and supported by the authority of Lieutenant
Geretral Scott. lie placed his right. to Mine ell
martireelaw . order, establishing militate OoMmlia
slots to try certain offences in a foreign country,
upon the ground that otherwise they would go tue
reinlined. Clee of these offences was Murder 00131-
lalited or attempted, and for snob en offence he tails
us teat the articles 01 wer provided no court for
their trial and punishment, "no matter by whom or
to who committed."
V. There are ether views which I submit to the
serious consideration of the Commitesion: L The
ohs rector of the plearenes. The offence charged Is
a eenspiraoy with persons not within the reach of
tte court, to commit, the alleged crime. The de
sign of the accused and their eo conspirators 16
averred to have been to aid the reeeinen, not only
by the murder of the Proxident, and. Lieutenant.
(termd Grant, but of the Yew President and Se.
°wary of elate, It is further averred that the
President being Murdered, roe Vice President be.
00tc.17 g thereby President, anti or suet eleteunanden.
Inseldef, the purpose was to murder him, and. as in
the centineettcy of the death of both, it would be the
duty of the Secretary of State to cause an election
to t.o held far President and Vice President, he was
to to murdered in order to prevent a "Weal elec.
Hen' , of these officers, and teat by alt tense means .
did and con/torte were to be given "the sneer
peace engaged in armed rebellion against the Tithed
Steteseeaed " [le suoverame and overthrew of the
Cesatitution sad laws tithe United Staten , thereby
efleeted.
That such nleadlnes as this would not be talereted
in a civil court, every lawyer will concede. It le
ergue.eutative, acid "herders unneund. The core
ter:niece of our Govan:mord dues net depend on the
fives of any er all its public servants. As fees or
law, therefore, the pleading Is fatally defeettve.
Tito `Government has an inherent power topresecve
itself. And the result shelve the folly , of the cued
man wed het d by whose Mode our" late lamented
Freeland frit, lie doubtless thought t ' ' :ac tee deed
Would subvert the ft Conatitutien and Not .
a power of the Government was suspended. AU
inogressed as =fore the dire catastrophe. There
was no hint in the march Of the Government. Thse
continued in all its majesty wholly unimpeded. The
Grey died was to place the nation in tears, and
crepe it In mourning, and to awake the sympathy
and excite the ledignatton of the world.
Bet this mode of pleading renders impossible the
rums of evidence known to the civil courts. It jus
tifies, in the opinion of the judge advocate anti the
ceert, (tie what hue been would not have been donee
a latitude that no civil court would allow, as, in the
judgment or such a court, the accused, however In
nocent, could not be ruppeeee able to meet it. Proof
has been received, not only of distinct offender from
theca charged, hilt el such Offences committed by
cetera than the parties on trial. Evan in regard to
the party himself, other offence, alleged co have
been previously committed by Mae, cannot be
preyed. At one time a different praotiee prevailed
in England; hut fence the days of Lord Holt (a,
c - ewe venerated by lawyers and all admirers of en•
e e eteeed jutesprudence) it:
has ceased. With the
same view, and not denying the right of the Own-
Mif , floll in the particular ease I am about to refer
to, but to show that the tlonetttuden could not
have designed to embjed citizens to the praetitle,
Cite the name judge to prove that In a civil court
Ultie patties coats not have been legally tittered
during li.elc trial.
In the case of Oanburp, accused as implicated in
the " anaFainatiOn plot," Holt put an end to what
Ls.rd Campbell terms "the revolting practise of
teeing criminals in fetters.. Hearing the clank of
chain, be Odd r. ehould like to snow why the
prisoner lebreught in Ironed. Let them be instant
ly knocked on. When prisoners are tried they
sheuld stand at their ease (12 State Trials, 221,
2d Campbell Lives Chief Justices, 140.) Finally, I
deny the juristection of the Commission on the
grouna that all the, mesdames prosecution)s againeC
3t. Jefferson, ardent in 'the orßarr,
fro m lief a lirm be of his Dever sueeted that
he shoutd be tried before ransuggested
any other than a Wail
rourt. iind in that trial the prisoner was granted
every coestitutional privilege, and no evidonea pee.
witted to be given against Mtn but such as a etch
Croci InatleniZeB . ' and is that case, as in this, the
overthrow of the Government wee the alleged pur
pose.
In England, too, the.leetrine on which the; prose•
rutin le placed is unermien. Attempts were made
ro ouar,lreate GeOrgs the Third and the. present
Queen, am' Mr. Percival, theh Prime Minteter, was
assassinated as he entered the Howie of Commons.
And nee in eitheeCafe, !be parties scouted were
tried before a deli Court, no one euggoetine any
and during,the period of the Enna Remo•
lutiou, when Its wenelpies were beitieineuleated to
on extent that atermed the Government), =downed
it to exert everemower it possensed to frustrate their
effect, wheit the wilt of habeas carp= was sus-
Tended, and arrests and proseeurpos resorted to
almost %tithe - at limit, no one summated a . trial me.
rept On the civil courts.
And yet tea apprehend= of thseeovernment was
that the dentist of the alleged conspirators was to
subvert its authority, bring about lea overthtow, and
subject the kingdom to the berms of the French
revolution, then shocking the nations of the world.
flail It be that an ilinericareertieen is not entitled
to 911 tee rights that belong to a British atibjeOti
Can it "be that, Vitt,. us, P.imoutive power at
limes...casts Into the shad, and renders all other
pewee. subordinate An American statesman,
with e world-wide reretation, long Moe gava
en an swor to these lrquirlee. In a debste in
inn Senate of the United Stater, in which he ase ,
*salted what he doemeereannnwattanted ammoniac%
of Executive power, said, "the first object of a
Yesepeople is the praeervation of their libertiee, and :
liberty is 'only te be maintained by constitutionel
eeetraints anu jure divisions of political power,"
Atid he added : "Mr. President, the eo3teet fee
eves has been ta,rescne Homey from the grasp er
executive power 7n the long list of the =lmpetus
of leetosa ireedom there is not once name dimmed
by the repreeee et advoeettng the extension of
executive autitorltYr"
:Webster, 11 here, would be heard rattling ills
mighler vein =Mast till jurisdiction of this. Conte
leheien—e juriedletion reseed neon execuelve ae
tborne alone. Rut le has been urged that martial
lair Vallante such a Commission, and Cheat moll
law prevails bere. It is net necessary to txqulre
ve l our martial law, if It did prevail, would main•
tale yellr jurisdiction, St it does not prevail. It
tee never beep declared by any competent
I my, and lee eted courts we-know , are In frill and
ndleturl3eSciorelte Of ' all their ftleations. We
learn, and feet is doubtless true, that One nf the
pooled!, the very chief of the alleged ooneplreere
has been banned, and is about to he tried before
opt et thohi %Una, alleged hese god
FOUR CENTS.
front of the conspiracy, fa to be eo tried, upon whs.:
ground of eget, of fairness, or of pollee', can the
1, miles who arteiherged to have been his Mere In
eo umente, be deprived of the flame mode i f trial ?
• may be Bald that f In acting under We Catesmle.
s.on• you are but conforming to an order of the
Preeldent, welsh you are bound to obey. last me
(lamb° tills for a moment. if that order mettle
mainline you to levee feats the elm and regert
the facie to bins, and nee to pronounce a judgratet.
and fa to that extent legal, then It Is because tlai
President has the power brmself, without swill pro
eeedivg, iii punish the crime, and has only invoked
your meletanee to enable hltu to do It the more
jalally.
CPli this be sal Can it be treetattrilin or a citizen,
however humble, depends in any Mee ou the more
ill cf tee President? What wore dangerous one
an be imagined 1 Clime is detlwed• try law. Whet
Ir murder, treason, or coreeptracy, and what la ad,
mhalbleamirtenter mete are may alto present Montt
Irquirles. TO pass upon the fleet the Coratitutlon
marbles courta, couaisting el judges 'aeletreed for
Jogai knowledge, and made indepenoent'of Emma•
live power. liailltarvjudgea are not BelictoW, and,
so tar front being independent, are abeelittery de.
tencent on such power. a o pan upon tea latter it
pzvidas pries, all LOG Ming DWI Vareeitv at
the wish and opinions of the Coveremefition Bat It
your :unction it only to act as aide to the lareettlent,
is eeabie him to exercise his function of peeriett
meta end, as Le is under no obligation, by any
to roll for anoh all,, he may try and punish open
tie cult umeetated judgment, and with:tit even tee
terra of a trial..ln co.:elusion, then, gentlemen,
submit that your responsibility, In a premeedeig
like this, can dud no protection In Fe eshiebtlai aue
thority. I bstve already suggested, to the outset Of
these reiveree, Aura the responsibility In one cote
tirailey May be momentous, I neer Go It Waif
dlielelming, se I did at first, the Wise er hope thet
it weute came you to be wanting In a tingle par
ticular, cf what you mey believe to be p.m deity,
but to obtain your beet and most matured judgment.
Eeeponsibiiity to personal danger can newsy alarm
soldiers who have laded death on tee name-field
But there is a respotsiolllty that every geatletactu,
he be soldier or citizen, will °patently hold beture
him and make him roader—reepensiollity to tee
Constitution and laws of his country and an Intel
ligent public opirdoe, area prevent his (king any
thing knowingly that OM justly Pull Oct him to the
immure of either. Your responsibility la great.
If the commie/non tinder which you act 113 void aid
comers no authority, whatever you do ems involve
the won Oerpatill perccnal Itabilley. (lases nave oc
eland teat prove We, It le aullleient to refer 10
one. Joseph 'Wail, at the time of the °ileum
Charged against him was committed, was governor
aim commander of the garrison of Gorse, a de.
eendericy of England, In Atnos.
The lediameet ens for the murder of Benjamin
Anuetrorg, and the trial was had in January. 1802,
belble a special court. The crime was counnated
in 1782. and uneer a military order of the Roomed
ern the sentence of regimental court-mottled. The
defence relied upon Vent. that the garrison was In a
stifle or netittne, tied the greened took a prim:anent
pert in it. The olleime was purely a military ono,
end bolobged to Om jurLadmilati of a military court,
rc the Mete noted upon by the tioollllB4 Were true,
and he jtiegueent constituted a valid defence.
TLe overt, however, charged that If there W6B no
mutiny to justify suck a court martial, or its Ben.
Oct ce, that they were void and !union. no defence.
The yto finning. found the accused matey, and
be WU executed. (28 St. Tr. 61-178). The applies.
tiOn of toe principle of thia ease Is ObVhdt3. Want
ot jutiedietion in the court martial was fatal, as a
dßlfl,ol, Mr the death that ensued under it. Io this,
it the Lop thlsElon bee no jurleolotion, its judgment,
for the same 'emcee, Witt be of no avail, Again,
upon the pa int of jerisolaton, I beg leave to add,
•
that tie opinion 1 hive endeavoted to maintain is
believer] to be the almost unanimous opi Mon of the
prohesion, and cerviluly Is of every judge or court
abo bee expressed any.
lu Elma teed, whore such eommissions have bean
one are held, the judge of the Crtmtual Court of
Baltimore recently made it a Matter of epochl
ridge to the greed jury. Juege Bond told them;
It has come tome knowledge that here, whore the
trited Staten Court boa always beet unimpeded..
coo where the marshal of the UnPed Stares, ap.
vetoed by the Prerieent, selects the j more, Weapon.
bible Hid 1401148 11 / 1 Military GOlUMlaelone at.emp 5 to
testate Oribtubal jertraliotier. over &Ilene of idll9
atate. not in the =loon or naval service Of the
United States, oor In the Walla, who aro cheraeO
with c flaucce either not known to the law, or with
alien fur which the mode of trial and pmeishaiont
are provided by statue in the courts of the land.
Toot it is not (robe by the paramount authority of
the 'United States, your attention Is directed to Ar
ticle V. of the echstitutten of the Unttel States,
which. says: "No person shall be held to answer
ler a capital or otherwise Walnuts crime =-
loss on a presentment or indiotnient of a grand
jury, except lh &fee arising in the to or naval
tomes, ta in the initata when In actual stories In
tithe of war or public danger." Ouch ',emus, eX.
el citing such unlawful jurisdiction, are liable to
indictment by you as well as responetble In civil
actions to the parties. In New York, Judge Peck
men, of the Supreme. Court ot that State, and speak
it g for the whole bench, charged their grand jury
20 10111:598
"The iionStittitiOn Of the tinned States, Article
5, 01 the amendments, declare that no person saall
be held to answer for a capital or otherwise In
famous mime, unless on presentment, or indictment
of a grand jut", except in cases arising in the land
or nasal forces, tr In the it ilitfa, when 1h settle( se
vict, in time of war or public danger.'
"Article 6 declares that lc all criminal i..roseca.
lions the accused shall enjoy the right Lot a speedy
and public
"Article a, notion 2, declares that the trial of all
Orinlef. except hi oases of Impeachment, Shan be toy
jury,' eits
" Meets provisions were made for 000a1110118of great
excitement, no matter from what cause, when pas
non rather than reason might prevail.
"A great Milne has lately been commented, that
hse ehooked the civilized world. Every rightmlna.
ad man degree the nanisliment ef.the criminals ;'
ha* he desires that punishment to be adminiAered
according to law, and through the judicial tribu
nals of the country, No star chamber /siert, no Zf)•
eret inquisition in this nineteenth century, can ever
to made acceptable to the American mind.
none but tee guilty could be focused, then
no trial Octild be necessary ; Mention should fuliOW
accusAilon.
It 1E almost as necessary that the public should
have nndonbted faith in tine purity of criminal juin
tire, or it to that juetice should in fact be adminia
toted with Integrity.
Grave doubts, to say the least, exist In the Minds
of intelligent men as to the constitutional right of
the recent military oommlrsion at Washington to
*it in judgment upon the pinions now on trial tar
their lives before that tribanal. Thoughtful men
reel a lik -Tp,Ted :: hat such a aotallltalltal should be
established in this free oountryifteil the war is
over, and . when the COM= law sauna are opha
and accessible to administer jostles according to
law, without fear or favor,
•** • * *
Even In Fronce,turing the Consulship of Na.
pekoe, the institution of a military COMMISinen for
it° trial of the patience,. Duo. dtEngialeu, for an
alleged conspiracy against his life, WAS, to the
irreparable injury of Ills reputation, ordered by
Napoleon.
Upon the whole, then, I Walk /shall not be con
sidered obtrusive if I. attain invoke the court to
-veigli well all that I have thought h my duty to
urge upon them. I fog the duty to be opsa um as d.
citizen Sworn to do all that I con to wesarve the
Constitution and the principles on welch it roots,
As counsel of one of the parties, I sh4uld esteem
myself dishonored If I attempted to rescue my cliout
proper trial Pr the otTenca ChnTged egatast
her by denying the joriediction of the Cum &Wien
upon . grounds that Laid "not 00nE o:nationals(' believe
tv be sound ; and in what I have done I have not
more had In view the defame of. Mrs. Strait than
of the Constitution sad the laws. In my view in
this respect her cause Is the cause of every (Mixon ;
and let It nor be supposed that I am seeking to se
cure impunity to any who may have been golf y of
the horrid crimes of .the night of the 14th of April.
Gad forbid that each crimes should go unpanieutsd.
In the bleak catalogue of OffellOse, these will for
ever be esteemed tie darkest atid deepest ever coin
ndtted by sinning 'Man. And, In Oonuneu rah the
civilized world, do I wish that every legal punish.
matt may be legally inelotou upon all wno pertiel•
pated In them. A word more, Kentienien. As you
nave discovered, I have not remarked on the evi
dence in the case of Mrs. eatraA nor is It my pua
pose. But it is proper that I refer to liar can In
particular for a stogie moment. That a woman,
well educated, and, as far as we Oati judge from all
her rest life, as we We It in evidenco, a devout
Christian, ever kind, affeetionate, and oherltc.ble,
with no motive elSClesed to us that could have
caused a total change in her very nature, could
have participated in the Crimes in question it Is at.
mist Impossible to believe.
:Such a belied can only be forced upon a reason
able, -unsuspecting, unprejudiced mind by direst
and unecutradfoted evidence; ctoirdrug from pure
and perfectly uneuspeeted Bourses. MEMO we theilel
Is the evidence uneontradlotedl Are the two wit
nesses, Weichman and Lloyd, pure and nasuspeat
ea 1 Of the particulars of their evidence, I say no
thing. They wilt be brought betoro you by my as
sociates. But this conclusion iii regard to those
witnesses must hate in the minds of the court,
~nd Is certaibly Impressed upon my own,
that If the ISMS Which they themselves state
as their connection and WM:MI with BOOM and
Payne is true, Weir knowledge of tae purpose to
co:Ludt the crimes, and their participation in them,
is reatof more satisfactorily established them the al.
legod knowledge and participation of Urn. Sara%
As for, gentlemen, as I am concerned, her easels
now in your hands. RIVISRDY JOHN/um
Ju 16,1805.
As LESOCIate counsel for Mro. Mary E. Surstt, we
anent In the ahove. Enennooom
Jona W. Olda(Pirr,
The Pnrienee on liar old.
F. Steno, Ete., enuneel for Herold, beteg neves
eerily absent, the aroment prepared by him was
read by Mr. James T. Muephy, one of the offieliel
reporters of the court.
It oommer.ces by fulling, that at the earnest re
geed ot the widoweether and estitnable deters
the accused, he h d ad m sonaanted to act as cannsol.
After denying the jariediction of this court, the
counsel says, the ohaelea in this case consists of
several dletittot and sellerate offeboes, dmbodiod in
ono chat go. The puttee aeotilied are charged with
a coveniracy in aid of the rebellion, with murdor,
with assault, with intent to kill, and with lying in
wait. ]t is extremely doubtful, from the language
of the charge and the specification, under whish of
the following crimes the wowed, Haeold, is ar•
reigned and now on hie trial, viz : Elise Whether
be is on trial for the crime of conspiracy to overthrow
the GGVertrOODO of the United States, or punishable
by the act of the Congress of the United States reseed
the also of July, end i or, second, whether ho is on His
tllui for giving anr hied comfort to the rebellion, as
itoolob&hle b, act of Congress named the 15th of
July, litS2; for Whether he is on trial std.
lug or abetting the murder of Abraham Lincoln,
Preeldevt of the 'Vetted Status. Ills counsel well
understaedielhe legal definitions of the three crimes
above mentioned, hut does Lot understand ttet
either to the common law or to the laws of wee is
known an7,one ()fleece composed of the three crimes
Mentint.iin the °barge. He known of no one crime
of a cosapiracy to murder and an actual matelot,
all In atd"of the rebellion, distinct and separate
from the.well•known held deemed crimes of murder
or coeepiracy in aid of the rebellion, as tiKeri . ell by
the eet.eit Congress. It is extremely doubtleti, from
the la - Aguese of this charge whether the murder
of the reeilderit of the United States is net
referred to ae to the mere means by' *deli the
coat oitaters gave aid add comfort to the reballien;
wont it was ; not merely the'ovett sit by which
tha.crlsoo ef aiding the rebellion was OVITOPletoq.
2n:rat. As to the crime Of conspiracy, the (Punted,
•affer reviewing the, testimony for tem Government:
taps t There recta •siould prcbably eenviet fifty Poo"
- pie, but they'd° 113 t give either Separately oe oot.
seetively the slightest evidence duet t 1.119 boy
Harold ever conspired with Boath and others lo
'aid of the rebellion and' for the overthrow ofthe
Government of.. the United States. Tee& show
nothing that if ht *not havermisurred io any one
; perfeetty base:set The term confidential epee
munication"i, is the withers' ( cv*iphinan'e ) Own
cenetructioa. Its meant only to say that the throe
Were talkiag together; that after leaving the thea
tre, wheel: they had beep, they stopped and wont
into a. restaurant, end that be loft them
there ulkieg togotn,, TISYLT a stole. So 11111C:1
• for 610 eoespirecy , f' the fact Mu this boy
ate
'Lid was en alder sod abettor in the 00C4113 of
Hcoth, there is na rational or reasonable doubt.
Be wee clearly gOilty of that crime, and must abide
by its conrequeeaos ; but the secumd by his cone.
srl, altogether denies that he was guilty of Übe
murder of Abraham Lineota, or that he aided. or
as Sat forth in the eneoltb.
abetted in reeb murder,
entice , and ebarge;%bitt, thtegh Booth,extecised
limited control over this miserable boy, body and
sent, Ito found him Watit for deeds of blood and vlO
lerce he was cowardly: he was too weak and .
trifling, but Still he could be made useful: He
knew some of the roads through lower elarylatel,
eat Hectb. poretykelo Min to &et (kg a gTde,fQot bey,
•
TEEM WAF PRIMO.
aIIrBLISBED WIRKLT.
tWe WAIL rkEse will be sent ie,sabeeribere
will (per ahoim la advance) at , • me
The Olg a • • • i 4. • roe .1 ere, •••••••«.--.• OS
.2615 4.• “....••••••••••••• 9111
Larger Olabs than Ten *4ll be charged isk the WU
rata, 101. 00 per 'OM
The tnolow mud a It.ova aceompany the order. awl
in no instance can tilen term be deviated frees, al
they refOrd very Mal trtore Man the cost of Paton
y. Postmasters are ietaMeted to net tip spats he
Tax Whe PREM.
top To the getter-ny of to Oleb or ion or twenty. at
situ eon Of the NM Wlfl tfitY4l2l:
and °Mayanlon. This aconunisior their r, ',apeman.
ship. There Wes one pleoe of carld•mee introlueel
by the Government that should be wnt¢liae hp th e
ceannlitlort. 1S ii the timelaration rir Bovh -tale at
the ttine.ot his capture; , "I dogls ro notore rat!
Maher thill man is innooent.n .e. , noth know well
' enough, ar, ttleltintra he made that demaratton, that
Ms bona,- If nut:L[lsminutes, were blathered. 'here
le no evitreuee that Harold primate'', eNt r if . ,,,m,
commander" qr st
_abutted Booth to .sa , sinate the'
Prnote eht of ate United States. The feeble obi that
he er ultt rendlilto any enterprise was roNlered in
acaatenswiing and itidThs Booth 1/3 hio'hhAti, and
hotbir g beyond, 4 2 : Lit or malt le a Waste crime, NM
;Iv can leo with oprtito Purighment.
WhO Ottistel se tidos the definal Wittl a quota ,
tlon from ilurtettctiOlfitid, feW and clourtP.martiot,
where the punish - 110 kt; for
_partlonlar offences le
not Dud by saw, left ffacrettnimaliq u ihis
..,•
egret ainitrigartro:rA still higher 161/ ought
not to be ignored, and tt*.t` inetiee should be tees.
per.e' with merry. ,
The ?taboret° argninelt s 'of Whieh tho above le a
intfa Doug, le olgurd by 1; Stc - no, counsel for D.
a Harald.
llefenne of Arnold srr,' , l• 00Langhlln.
Mr. cps text waren Ids nramarterte in Waif of
Arnold and O'Laughlin.
Be said agree himfelf, execzetirg as he did the
nine crime wingat upon the- t3hict Magistrate of
the melon, he would nut have tenet wiling to eon
. mends tante with this defence sleet he felt as.
owed that, teas mound was merelyette venue of
eompromieing appearances, and Well wholly Imo
' cent of tbe , groat oil nee. The evidence, be cone
:need, Mowed that even if newt two mowed
wen even 'beguiled for a moment tai t linen to the
t emesaue l e of CYra r.s..lses schemer Booth, yet
Mao Is no lotted en toeir hafldil, an they
'on wholly osmium of all preViella enowlealaw
of and partielpation in that "meth-deed 01 Mellen t
'which plageo the nation ihto Mourning.
Both the accuse. anti their onto! have, In this
trial. Wenn uncer disadvantages not 'holdout to
the civil courts and eour4e.atartnii. The mated
amnion not only a copy of the charge or lineament
in Butt to prepare Lis de once, bat else a let of tee
witzeetee with whom La IS to he nafronted ; and in
the clan condo it is estate fur the prosecutor to
state In adentee the general nature of the charge
ho expects to bete Mien, end the general 000pe of the
evideboe he expects to adduce.
The crime Wait laid at Weehington. The =rile=
of Montreal at d Toronto had beeb aearottal ; tae
gjty bf New ytyg Was exentudid I the eea,had paha
ilinethipalted, and *velem v , hteril e lls mienr
tektite% bud been Wetted, said turd coosunie weer
Imo terminated in a New Yerit Wood. [Laughter
in this case the mound were aroused from their
aim:Mere en the night before Leah' arraign mut. and
for the trot time preee'nte'd with a copy of the charge,
For the mote part nay were unable to protium noun
eel, mall tin trial had Oulonseided, and when °once
sal were admitted they mime to the discharge or
I heir duties in utter ignorance of the aveule one,
widoh they ware to Combat, except as they maid
gather loom the general language of the charge,
as well as for the mist part wholly unatiqUallited
y i n ilet primer's and their antecedents ; and the
comequeam to tint the usher witnenea ftif the
caceeeemorat were allowed to depart With little or
no crotananduation, which aubeemeret events
bbosno woe el vine ee poreux° to elicit the tren t
am reduce their vagidles of StatelilsillEl to Inure of
aectiract and lie would . add that this testimony Lea
treensteu of otatementa of interment acid mown
piton, always ow pions, brought from remote
teem wino antecedents and character It is MOS.
rabic ter the mint ors te trace, lie was constrained
flu titer le lattielt the manner in w bleb, the trial has
been Conducted, The heetitagl were armload. neon
a single charge. It described: one Limon 01
stole MOO, bet however almond', in form, it seams
to have been Intended to tlt every conceivable WA
o f clime which the wiokodners of men tan devise.
The crime is located at Washington, yet we have
been carried to the purlieus of' l'oronto and Mon
"real, have skirted the borders of New York and
Velment, touching at hero ennuis and St. Annie,
Ila. posed down the at Lawns:me and out to sea,
Shivered our ocean shipping, have vittit:d toe fever
hospitals of the Brlt:elt iolea,anti have Teturned to
the prison pen of Andorsoutelle, and seen the camp
at Belle Isle, and too historical Libby, and gene
tinted the MOM Poulenc of /ileac:toed ; nave
piloted theme to the booeitela of the West, and
atreeded the and et. length Woe,
bated Ills enentrio career In the woods of Now
York—ueder a Mateo against the prisoners
of cotepirltg to kill the President and others In
Wasbitgtob. Jefferson Davis sad hie assoolates
Lave been tried, end In the judgment of many, con
victed of attune g, poisoning, arson arid other crimes
too numerous to mention. lie 'clad apprehended
that tie counsel for the accused would appear in e
false poettion by their apparent acquiescence in thhi
wee , ranee of inquiry, and- tiltrotor° felt it due to
himt.ell at leak, 10 DXI4IIb. Fee, km part, he
felt no interest wnatever so reristhig the em,
pesure of the Misdeeds tat' the rebel atekontiee
ma °gotta. Ilia only conobra has been to shovi
that. las otionto bad nothing to do with the con
spiracy set forth In the charge. To the beat of his
ability he had sorutibized the evidence of that
conspiracy so far as necessary to their defence.
Willa regal d to other widows, foreign to this Issue,
he had to buy in tho !list plan the charge was art
fully framed with a view to admit thew in evidence.
It Imputes that the mound conspired with Jeffer•
Bub Bans and utters to kill and murder the Presi
dent, Os , with intent to red and come= the inset
germ, aba., and thereby aid in the subversion and
overthrow of the Constitution melees of the 'United
States 1 and on the princitle that other ants eons's
tutmg dibtinot offences were sometimes adadettel se
proof of Intent, these subjects foreign. to t h e
main Wale pave been pua In *emote& BY no
Possible Ingenuity can teen Madge. Mitten ow
turd to the prejudior << the Sonsodr MI lIM
sup p ose d te a t sae object of intradateug them
was to breag tO the public in the shape of sworn
septieuony, informetlou of the practices of the revel '
reamers, to solace, however irregular the Modeled.
isms, be had no uhJeOtiOn to Interpose, lie could
not for a moment suppose that the objeot was to in
flame prejudice against the accused, Memo of
their supposed remote comantien with the authors
of all these evils and for want of higher viotims to
make them the escape goats for all the enter sterol.
ties imputed tO IDA reholllen—to annlhnete them to
hush the clamors or the pubihr rot s. violet!, or to
apposee the Nemesis that has recorded the secrets
or the Southern prison henna, or the deadly deed/
wrought by tire and pestilence.
In regard to the issue before this commission he
had intemed to emeine himself to a simple review
of the evidence, but the anomalous ohaeaoter of the
charge, the temertainty with which they were left
with reference to the positions to be taken by the
Government, and the gut eral course of the investe.
p,atlon pursued, admonished hen that he should
present some legal considerations, at least of a gene.
sal Obaractor,
Aostiming, fOr argument SikO, that the Steen bin
jurisdiction to try the Mated upon tilts charge, he
proceeded to discuss the power and linnet of thief,
innedictien, and the mode in Which Is to be =-
cruised, submitting seine general ralleetiotto upon
the character of the oneness set forth le the charge
and speoification as they are known to and pinishae
hle by the civil law or the land; and proceeded to
argue how far this commission, In dealing with them,
was to be guided and restrained, by that hoe.
Mr. Cox ' in his analysis of the °rime; charged,
said that, below the grade of treason, crimes are
ranged ounce- two general heads—viz t felonlea and
miedermanoro—and proceeded to deal with the mere
lion of a conspiracy to comme a felony, and thee
of a conspiracy to oomnuntt treason, and then
proceeded to t he p
care
question of unotteonted
enespiracy, Whoi care or a party !evolved In a
comp/racy who snail withdraw from it, contending
that be is not remote:Me lOT any act done ey
(Ahem in pronontion of the Malone of the atropine,
cp. Afterwards, tens and other pinta in this Oett.
notion were prevented ey 119 x. Um, with a large
array of citations from legal authorities. The
question bow far tribunals flitting by virtue of mar.
nal law can depart from the established leer of the
laud in its distinction between mimes and its scale
of punishments was dealt with. at considerable
length.
Mr. Co them prooceded to mamba° the evidence
es far as was material to ease, and claimed In
1 is auelyala of proof, that no active Main against
the life of the president was on foot between Janos
ary and the early part of Awn ; and further, &oat
the evidence of the government, that daring that
interval, Booth was contriving an entirely deferent
project, the capture of tne prmaident an abandoned It
further appeared that the project was,
and that the abandonment is fixed by facts referred
to by Booth, to wit: The defection of some of the
parties, the sale of heron, ate., and that lee date el
etartairad to have hoop about the muddle of
March. Now, it la clear teat if any 00111000tIon is
shown between Booth one one hand, and 0' feangh
lin and Arnold on the other, It existed only diving
theperiod when the aboard project °tempter° was
agitated tied terminated with that, Their fitful
stay in Washington was only between February
nth and March 18th. By Arnold's confession, It
would appear that he, and if he is net mistaken,
O'Laughlin, attended one meeting about the middle
of March, to consider the plan of capture,
but so immature was that plan, and BO Blight MS
connection with it, that let did not oven know - the
nemes of the others at the meetings, twain number,
besides Booth, Suratt, and Atzerott. At that meete
bog the scheme fell through, and he and O'Laughlin
immeontely afterwards left for Baltimore. Booth
Told him lie might sell the atnii 110 Mei given him,
and, le fact, WO proved that he gave part of them
away sbnrt)y after this. ?Is contortion, as to
O'Laughlin, proves nothing but his presence at this
single meetirg. This was the beginning and the
ending of their connection with Booth in any
scheme whatever of a political °hereafter ; and
in this it is evident tnat he was the arch
contriver, and they the dupes. And when they
Lad escaped his Iseletonce, although he still evident
ly clung to bet:design, and telegraphed and wrote
and called to sae them. It if °natant that they ri•
futtd to Deed the voice of the charmer, eta/tam he
never so WLIOV." • Pram trit,augillin Ile MAIM; 11 0
response at nil ; from Arnold, only the letter (Mena
In evidence. There are expreattiOba In the letter
which look tea notlened renewal of their relations
in the future, but they were employed to wry his
importunitin. for the present. Cortelely, all eon
motion ceased from that time. If, theretereaany
conspiracy at allan proved, by the utmost latitude Of
evidence,
.egnialat these two accused, it was mere
st nen acted, Still.born scheme, none conceived before
it was atandonod—of a nature wholly different from
the OMAN desaribed in this oharge, the 'proof of
which deer not sustain this charge: and of whiOlt the
accused eouldeett be emanated upon this that For
this court 'shoved by the rifles Of evidence wbiok
prevail in others; and one of Belmont inapertaut la
that the proof must correspond with atbe charge of
indlotment, nod show the same offenee, or the as.
cured is entitled to acquittal; and there is no art.
tench Which connects mese two aroused with that
eyeadint compiracy whiter forms the Siteject o! this
°bane There Is nottarg to show teat, deflate their
brief intercourse with Booth at :Washington, that
nefarielladeldgn was agitated et all, etertern IV none
that It wan ever dlociond to them. And if such ocne
splraoy had ary existence, it was :4 4 Mete of slum
bered seeponse, awaiting that motion wittolmt
whlli it bad no motive, end, Wini, of life,
' Mr. CO7te contended that the following 00110 Ina
slots were established, VIZ
Rime That the accused, Selene Anted and Ml.
ohm/ &Laughlin, had no part at/heaver in tee
ose
mitten of the conspirany. set .for , in this charge
and Its specifications.
Seend. That it thoy were implidated In sack
,comapiraoy, they withal:Bw from and searaloned it
.while yet wholly uneaeouted and resting merely In
lunation, and are not responsible for any of the
rote subsequently doge in purvittmee of It.
, Third. That then is no lanai and ocuspetent ed.
t dents° implicatine_ O'Laughlin In am conspirmy
aniline 9T mapepaereg armee oalaughlin or Ary
nold Iu 6be courAirroty nettled.
Fourth. That , if there la any evidence against
them Of any soosplraoy, it Is of one wholly dif•
ibront from that sot forth In the charge and epoch.
DODiIOD and apan these they must be wholly Me
quitted: Ns, thereto's, alarmed for them an abso
lute and treenalitled aoqpittal. That the scented
were wrong in ever joinirg the rebellion against
their Oceernmentano ens will deny that they were
wrong la ever list/Meg for a moment, if they ever
did, to any prornitioto from that wicked schemer,
Booth e inimical to , their Government, no one will
deny. But It would ha to !fault the intelligeuee of
thin court to locate time in showing that this oonrt
are not sitting in judgment on all the errors in the
twos or these Moused, but to decide the single mute
. than whether they are guilty of colepiney to kill
and teurdar the President, 'Vie* Preeldette 8001. 0
tory of State, and the general In command or the
armies of the 'United States, and of the seta °barged
against them severally in pursuance of said on
erplracy.
The court adjourned tIU two otolock tomorrow
afternoon, when it lc expeoted that arguments In
the ease of Urinals! and ethers will be read,
Early is the day Aire Suratt woo compelled to be
taken from the Ott(ittloo4/$ ow ing te Never!. del! ,
SOON