Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1864-11-10
THE ALLEGED FRAUDS OF NEW YORK AGENTS

The trial of COL Samuel North the New York State
agent, and of NJ Jones and Levi Cohen bis associates
resumed Friday morning before the Military Com
mission street. Of which Maj Gen. Doubleday Pre-
sident and Col. John A. Foster Judge Advocate.
R. GILLET Esq, the counsel for the defence opened
the argument by stating that the Dorr before the
preme Court which ousion made on yesterday by
the Judge Advocate, had applicability whatever the
present As to the question of the suspension of the
Constitution it had nothing to do with the case.
As regards the Ct Valandgham, which was in
stauced by the Judge Advocate the order issued by Gen.
Burnside alleged to be violated by Vaandighsm who
tried and convicted He applied for writ of certi
the district court not to the circuit court as was
stated The court of appellate Jurisdiction. 1t
had the power to judgments in lower courts but
had authority to review the decisions of military trbu
nas whose 6nalty the Executive of the nation
His learned adversary stated that the Constitution was
one for peace He thanked God that it was. Whether
portions of that Constitution however could be suspended
he would not discuss because the question appo
site to the ISSUE but would only his dissent from
In relation the soldiers right to VOTE it does not be-
long 10 him soldier but from local consttu
tons As colder the United States pass laws to protect
him but a citizen of State, the United States cannot
gsae 10 reference to such citizenship For the sggres
of citizens rights which might attach to soldier the
sovereign political community from which he halls proers
remedies. Who should ever suppose that Federal Co.
vernment like should attempt attend to the mnut
of various Sates7 The soldier should not be wronged
his franchise should not be tramneed but the laws the
lection There is danger that the soldiers wrongs will
20 unvndcaed and the argument of the soldiers safety
cannot confer upon the court Jurisdiction.
To show that court, military court had any power
excepting that conferred by the authority creating it, st
Kent $685. quoted the text Of Crouch in the Of
the United States Burr, which in the Circuit
States vs. Hudson and Goodwin. These being of
an early date of the Republic the opinions Of
authorities cited by the counsel, among them the
opinions Of Judge Curtis and Senator Harlan.
TO Congress,
1861 was read showing clearly according to Mr. Giets
statement that Congress has made distinctions between
certain classes of prisonersmitary State, and political
prisoners Military prisoners under the jurisdiction
of military authorities For tho disposition Of the other
prisoners Congress has provided that they be tried by
other than military tribunals.
The question now remains Are the defendants military
psoners7 If so, they must DO tried according to the
rnles aud articles of In the case of Valaudigham,
the law made and published before he violated IT, In
this the law, there be one, was not known not
made and published could not therefore, be violated
II there be law, military law, giving this court iurs
dction, il ia faeto law, to which that glorious
instrument the Constitution is opposed and to which the
moral sentiment of the American people is antsgonstc.
As wishing the OF institutions and the tr
umph of our arms, he hoped that post facto laws
would not flourish receive the sanction of court
composed Of American citizens.
The JUDGE ADVOCATE replied that the circuit court in
Ohio had refused to grant the writ If ceorari applied
for by Vaaudghsm for two frs that they could
not review the decisions of military tribunal; and Sc
condy that it had Jurisdiction in such maersthereby
ing the proprlety of the military jurisdiction.
The counsel for defence stated that the derner resort
the last court OF appeals for military trbunaswas the
Executive Of the nation and he therefore arms his be-
lief that there powers in the country, and that
they vested in the President.
la regard to the suspense of portion of the Consttu
on the instrument itself authorized laws to be passed
which may be to its provisions into effect
The word necessary implies any means. On this point
citations were made BY the Judge Advocate from tho
powers" by Solicitor Whiting, terrifying his position
The opinions of Gen Haleck and DIR Leber on martial
law quoted to show that the President conserva
tor of the peace must EXERCISE otentmes the most e1
raordnsry powers at bis for the purpose OF
scattering the dangers and subdung the ills which threaten
the public veal and safety.
lie said that Stonewall jackson visited Baltimore two
years ago In disguise would the prisoners counsel con-
tend that Sonewa could not be tried by military COM
mission because he not in the military naval
vice OF the United States The President of the United
States thinks differently, and, assuming the war powers
vested in him, ordered, the 2Sh of January, 1854
military commission, to 10 this city special
order (4 ssued from the War Department created this
court and gave authority to act The gentleman wishes
the offence 10 b. tried 10 New York No court Of New