, 1864-11-04
FROM WASHINGTON.
| the *oldleEas Election Sw1nd :ers-The
| ArrS1Enn4eht OF the PrlsonerH-Plcax
| u Counsel.

| OF C,'l. Nuttb, the New York State Arant
| ara Levi Cohen, aud n II. jon 8. commenc.
ed oday, before the United States Military
Comu,seion, OF which Gen. Doubleday ID
President, ard Col Foster Is Judge Advocate,
Messrs. R. Il. Gillette aad D. McPhe1.
scns appeared as counsel for the prisoners,
The ahore named prisoners, together with
Reeves and schodeld, are chusged with con-
duct Pr 'ju%icial 10 good order and military
disci}lire aI Of fraud to ward the New York
OF tfiicers BEG soldiers to what purpor.ed to
be ballots Of SAID soldiers, to be used at the
election to be held On Nov. Sth.
They are also charged with falsely and
fraudult utly Issuing divers and sphdry blanks
which purported to be signed by officers and
suldl.rs IN The military Service Of the United
states. authorizing csrtain PARTIES to cast
their votes at the tpsning Stale aud national
election, ~ith Intent to defraud the true eltc-
tor Of his. r1Ehts. 3lr. MiiIet,. one of
tee counsel for the prisoner estated:
TIE pLKA or DxrEsDAs 1s.
Fhst-The tarisdietion 81 The Court a1snIng that
seconu-OFer the subject matter.
Thisc-Tbat the matter was no. within the }urit-
o1etltD OF the National Government.
Na,1onAl Government Fad never ieyisj,tsj, and
F1itb-1hat there Hao no law OF the Federal
Gose1p%sn @ AUTHORIZING M the jurisdiction Of Nil
fe1vict Of the United 9t4tes.
Mr Gl!lett arsu.d d that the Federal Tribunals h.d
n ~ %aE son The @ q
against the laws OF any State or Slater. II the &C.
cn-ed hsd ecnmitted crime, 1t va. only a 11ola-
cout. quently the tribunals Of The United Stats
had 70 Ju1lsdietton II an ofeose had heen commit
ted, It against tie laws Of New York, and that
Of tr'si spd pantsnm+n.. II au oIenso was COM
1nit,so H. ri othe. stae AGAINST alaw Of The Suts
rh 4 Nkl IN ho+
the STATE Of New York. II tha aeru oA.1z.
h.vs lat committed crdase against the slAss ef
II mur. appear afarmstlvely that the crime is
Ole arAiI.t int s!atut laws OF tue unitel Sta,es,
sga:pst the ULited States uu1ess 1t Is specially
nadc hy stasute 1t Is not avcrred that The per-
sont bare committed IN offence aeains: the
mon law offences in The United 5tAtes, and it ex-
pres ]y rules that bat aIe common Law Offences
u England are Tot Law odcnces satnst the United
Stats, No offence such ~ these per5ous are
thtrged with has been covered BY any etatute Of
the Cnisto Sratee, and Consequently this ttib7nal
hae 10 Jurisdiction. The court then u4p1ped its
,url=dct1on. Tor no power has been conferred Quit
10 TT rpCh coses, and man CANNOT bs arrnfgued
when it Is impossible to pa. Jour finger on u law
What would De lie effect ii this Committee a.
FUN I'd to executs the laws Of the 5t.rs OF New
York Wou1o sn aequtttal OF conviction rtop the
tbs % or - sny other tribunal ss.ume to DEPRIVE
New York Of indicating her own lawse 1t mat
tett not what the decision may be here, the State
ole, and iurists on receiving hin it il the JUS
tice OF New tYork that nut oyersake these
meni If they have been guilty. If any other trtbu-
meut Tor themy in al Laws there is liked pun-
1-bu EFT or their violation but what Ia to be helr
pu1ishmens heres II there is no limit, then there
u boundary beyond whicn the Curt cannot 20.
There sre in these matters grave consequences
holh ~ The laws Of the country and to the parties
charged 1t IL theory ot al Courts thai have
carry into effect their hudinge, they must make
up tht rEcr rds, aud wha: Law can this Co1,t cite
giving ,h' NJ turisdic.'on over this case. VIII
they assume it became It would have been q
proper subject for Legislation.
Mr. Gillette then c'1ed the case OF a court m1r-
tiai oruered at Pnehla, during the Mexican war,
warus 1nulcted in heavy damages In the District
Court, because the military court had no juradIc.
lion over the otIense charged. The counsel said
believed. in all that tais court bad no
lnrit clcion ever the aaee II tbs parties charged
With crime had been tn the e,rvice of the Uuttel
statr+ AID tad been sub}ecs to mlltars old The
court n0uiu then have had Jurisdiction,
REMARKS OF THE JUDGE ADVOCATE.
Col. Foster, Judge Advocate, In rsply eai1, that
II the lag. arguuear Of Gillette was truc, then
Military Commission coud rot try i spy 1r Ruer-
ds7e Of tbt United States. The right Of tr,ai Of
Jtr3 WIS right to which all cl,lmed to be en-
tit:td, 3st guerilla could not demand s3ch triai
OF ctusd traitor demand to be indicted IN
court bt1ore a trial LII time Of war certain
Iehe. poyrere Sere necessarily suspended. Col.
Foe'tr le3er1ed to the ca.e Of Valapdi.h1m, aua
qloter largely from the TIT. .out1g- Of the Unt!ed
States oupreDe Court on the application Of Ar:
Hughes fer Vsliancigham'e release, to chow thut
they r,crenfzed the fact that In uryent and ptcu-
lar military courts Ind full powers and lat1s
1tclon. In all tDeee cases the st4te aud condition
pftht c, unsry rbost be considered.
It f. chsrped 1hat the rights Of the s:1dfera hare
been violated, xno. as thes in the field. and mol
In State Hh re there are recognized cO1tts flaw,
miIsYv tlibuESfs are The proper ones tn lake note
OF tbe matter. The District Of Columbia has been
considered as the field.
The lartiee charged with crime here ore also
Contlde1td as In the field, and consequently rs.
Iuu.lne the fact that rodets In the ne!d had been
de'ranoed. and by parties ALEC In tug netd, they
ere ame1 able to answer to Military Cosrt rs thu
only one having aIy proper jurl6aictlon.
At1he coIcusi1n Of Col. Fosters remarks,
the court adjourned, at Mr.. Glllete's request,
TIL 10 O'Clock TO- morrow morning.
New YORK, Thursday, Nov. S.-The C,m-
naerriaps dispatch from Washington says:
Col Murphy, Of the 7,h New York Artillery,
wae arrested, and committed to the Old Cap
itol To-Day.
New YORK, November 3.-The Hsr7.as
Washington special Gays: The sentence OF
Ferrs and Donohue Is not yet approved By
the President