The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1864-11-16
Trial Of the Election Swindlers.

y NNa aN
= Inc TRIAL oi Col. >amue. North the Ne,
= ! oIA State Agent. and Levi Cohen ana N
* VI. Jones commenced to-day before m
l ntel states Military Commission. ofwhic
a 1en. Doubleday Is President and Col Fo.
n Ter Judge Advocate. MesSrs Il. IA. G0Ie
g anu j. ID McIherson appeared Is copnse
" lot iAe prisoners. Tie allowed uamel rris
e onefS together with Reeves and Schofei,
are charged with conduct ngeucicial Z.
y good Order and military di,cinine. ana d.
d Ii4nd toward the NeW York STATE eier-nr.
h .h~t they Forged The names of officer.
, ana soldier, to what rgrportel to la haU,f.
ol sait soldiers to Dee need az Tho election
lo oe held on Tuesday next They arc olSo
charged with falsely and irluluIentlv l,.p-
ing divers and Sundy blanks which purnn--
led to De signed hy officers and soldiers I'm
lne hlilaiA service Of the United STATES
authorizing certain parties 90 cast their
NotcS al ihe ensuing state and National
erection with the intent 90 deiraud The true
intent oi Their rights Mr. Gnlet. one of
.nc coNhSel lor the prisoners. pleaded % the
jurisdiction oi the court arguino thar tho
court hau no jurisdiction over the parties.
secondly. over The subject matter. rhir.l,
that The matter WAS not within the inr;s.li,,-
llon oi lAe National Government. fourrbl,
.hai Dc was subject over which the Nafinn-
III Government had never lenisiatel and
ulthlA. That there was no law of the Federal
"vNtIhlhehi authorizing the Jurisdiction of
Il HlllitaIA court Tor the trial of any one NOT
~ tNt D lIlarA service of the 'uife1 STATES
VIZ. biilci argued that the federal tribunals
uaN hol ih amy Way or manner authorized
'"e tllll ol persons hy "a Federal court far
crimes committed against the laws of am,
STATE or STATES. II the accused had com
mlttrd q crime. it was only "a violation ora
statute al tle state OF New York and e.n-
seqnen,t the tribunals of the United >fsf,.
had no jurisdiction. III amy offrnse ha1
neeh committed. ID was AGAINST fb, lau-s or /
NeW loiA. and that same law prescribe.
tne penalties. and modes of trial and l,un
iSHieni- IL an onen>e was cDmmiffel in
any "lhtt state against the laWoffle STAFF.
vi NtM f"fn. DC must appear ailimafi,eN .
,ii''' ''.e CRIME D. one against the statute /
Laws "i ihr 1 'hiltd States. as 10 has been de- 4
' ''i,l',l lhai lncie can hc mo- oilcncrarams, .
.he United Stale, unless ID is specially mad.
Il, , ,.u5'i Il 'l9' i shg&4 il2t OBS Ryi-eg
statutes thc United States. There are com
monl aW oiicu,e- iu The nitol States. andif
expressly rules that Rhai arccommon law of
lenses are mot Law oficnScS against the Uni
td Nialc~. No oiicnSc. such as these pri~nn-
'fs arechar-ed with has been created bv thc
statute, oi The United States. and couse-
qucliiA ihls tribunal has no jurisdiction
ihe court then assume jurisdiction. for mo-
power ias been conferred upon IL 10 try ca
~'s' ana man cannot Doe arraiened when
IL j. iiipessinle io put your finger ON "a law
designating the crime What woull h. the
effect a tins court assumed 10 execute tbe
laws OF The state OF New York; Would au
flT fft.It ID
tongue oi justice IN New York VIII this
or any other tribunal assume to deprive
Ne" York of rindicating her own nwsg n
matters not what the decision may be- here
the state of New York demand, the of.n
def, i there Ice one, and insist. on RECEIVING
MN. IL ls The justice Of New York that
mus uNeriake these men d. The, had been
Seill4 II amy other tribunal tries them
Mhat D. The measure Of punishment forfhem
Ia All laws there i~ fixed punishment f.r
Their violation, bat what is to be their pun-
ishmeni here ~ there Is n1 limit Then
There iS nnh.uudraS l,esniid "a hi.l, the ,.,,rt
cannot go. There arn in flnen rnatfors
grave consequences both % the laws orfhe
COUNT. and 10 the parties charged. II is
"a iheoil oi All courts That have not 4 aren-
ei"l jurisdiction. that before They can carr,
INTO elect their findings They must make ma
'ne 'ecord; and what law can this court
clie giving their jurisdiction over mi. easa7
VIII they assume because ID woul Lavo
been proper subject for legislation.
Nr. 1iiiet then cited the case ora eourf
martial ordered al Pucba during the Nevi-
ln war il an officer named Hughe. and
Ae was alter" arde muicted in heavy dam
a-c7 ih ihc District Court because the court
l.u D." jurisdiction over the Uficp~c char,rad / .
3 ne counsel said he believed in sincerity
h"i ihl- court had no jurisdiction over the +
a-,. H The parties charged with "A crime ,
il l'tel do The 7erFlce 0itbe United States 2
lhd i"d been subjected - military orle.s
he court would then have had Jurisdiction ,
COL Foster Judge Advocate in roniv
ald That ii the last argument of Nh Giinff
Was true then Military Commission could / IL
ioi Try a SPY or 81 guerrilla for fh,. ver.
Dol subject Goo The military orders of flc n
nliei states The r1li OF trial bv iur, i
Was a night io which an claimed 10 Le en-
ilcu- lel "A guerrilla could not demand
uch inal, nor could traitor demand fo
'e indicted in court heforea I'm time
p war certain peace powers we've, ur,..-o
.l 'u- pthleA COL Foster referred t0 the
doe "i Naiiandigham. and quoted laroel, d..
rom the decision OF the United state. IA -
.Ieiie court upon the application Of Nr
ugh Tor Nallandigham'- release. 10 show 4
hey recognized the fact that in urgent and p
eculial cases, military courts had full DOW
p and jurisdiction. ln al these eases the i'
tate ana condition Of the country must he
0nsidered. II b. charged that the rights of q
De- soldiers have been violated anC "a. they I
re- in the field. and not in state where p
here are recognized courts orlaw. the mil -
ail tribunals are the proper ones 10 take -
pte "l the matter. The District Of Col =
mbia has been considered a. the field The T.
arues charged with crime here are also n
ois.dered as in the field, and consequent a
assuming the fact that soldiers I'm the y.
eid had been defraudei and Dos parties p
$50 DO tie field. they were arnenabie 10 u
isWer TO q military court a. The only one u
as ing amy proper jurisdiction Atthe con y
u-ion ~ Col. Fosters remakS. the court =
y"uIAe ~t Mr. 6liietts request, tIll ten -
clock tomorrow morning. r.