The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1864-11-05

avamp until he reached = position WITHIN
sneaktng distance OF the enemy's iort:
while lying tie, rebelofn1rs waaked
Vi and from 49, convsssatl 31ke ne =, a1R;ie
doominS hiA1ftuation uUsafe. he ma9aged
Is push himself along on his back elmost
eixtyeyards, and got better position. BE-
fore miduight he secured the services OF
negro to 20 hack to look AFTER the AIDe.
marie. The negro returned and reported
her sunk. Lieut.. Gushing then struck
through the swamp in his stocking teet,
over briers. dc., until he reached point
six miles below town, when he took boat
and with puldle put of for the squadron
Is miles distant. arriving in safety.
NEW YORK, Nov. SIT is rumored IN
Wall street that the Mercantile Bank, OF
this city, is discovered TO be ID deiauit 20
the amount Of So, 900. !.
FoRrREss MoNnoK, Nov. 3.--The dag OF
truce steamer left this morning for Aiken's
Landing. for the purpose Of completing ar
ranuements for an exchange OF prisoners
of war via Savannah, Ga.
About 500 soldiers, wounded In Thurs"
DAYS fight, have arrived At the Hampton
and Portsmouth hospitals. Among them
sin. Capt, X. II. Davis, OF Gen. Fosters
staff.
The following are the names OF those
who have died in these hospitals or we're
brought there dead, since the last report
Capt. Thos. Ward. 9th Ohio, w. Z. Harstt,
ed Ohio. Daniel Snyder. 9th Ohio.
WAsHINaToN, Nov. S-The of3cial state.
ment ahows that on the LIST Monday in Oc-
tober, the resources OF the National Bank-
clndinR about 29s, go, 900 in loans and dis
counts and nearly Is, OO0. 900 in specie and
other lawful money. Their profits are sta
ted ct q, 0OO, 900.
The trial Of Col. North, the New York
State Agent, Levi Cohen and n. n. Jones
commenced to-day tsfore the Z. 8. Mill.
tary Commission, OF which Gent Double
Advocate. Messrs. r. 81. Gillett and J. D.
Mcpherson. appear - counsel for the pris.
eether with Reeves and Scho6eld are
CHARGED with conduct prejudicial to good
order and military discipline, and Of fraud
toward the New York State electors, in
that they forged the names Of officers and
| Of said soldiers, to b used at the election
to be held on Nov. 8. They are also charg-
ed with falsely and fraudulently issuing
divers and sundry blanks which purported
| to be signed by officers and soldiers in the
military service of the United States, au-
th0rizing certain partiee to cast their votea
ut the ensuing State and = ational elections
WIN the AoSo0t " OSseOs Sue sA~0 eseSsS~ "
kis rights.
Mr.. Afellet one of the counsel for the
prisoners pleaded to the Jurisdiction Of the
court. arguing that the court had no juris-
diction over the parties secondly over
the subject matter: thirdly, the matter was
not in the Jurisdiction OF the national gov
ernment; fourthly, that it was soblect
over which the national government had
never lsgislased, and fifthly that there was
| NO law Of the federal government author
ixing the jurisdiction OF . military court
| for the trial Of any one not in the military
service Of the United States, il the State Of
New York, it must appear Afhrmatirely
that tho crime 10 one against the Statute
laws of the United States, - it has been de-
United states, unless it il specially made
% by the Statutes. It il not assumed that
the prisoners have committed an offense
against the Statutee OF the United States.
There are no common Law offenses in the
United States, and it expressly rules that
what are common law offences Of England
are not law odenses against the United
are charged with the Statutes of the United
States, and consequently these tribunals
has NO jurisdiction, the courts then as
sumed jurisdiction, for no power has ever
conferred on il TO try canes, and again can
not be arranged when it is impossible 70
put your fingers on law designating crime
Whist would be the effect il this assumed
i York.
4 Mr.. Gillett argued the Federal tribunal.
had not in any way or manner authorized
the trial by . Federal court for crimes com
mitted against the laws Of any State, o.
States. II the accused had committed 9
crime, 1t was only violation Of = statute
of the State of New York. aud consequent
n lv Tho trihurala IF fhA Y~nStos3 Qtafaa n al
no jurisdiction.
II an offenee bad been committed il WAS
. |sgainst the laws of New York, and tina
: same law prescribed the penalties and
modes of trial and punishment OF N
, offense ii committed in any other Stat,
against = law Of the State Of New York
and under the extr1dition law. The party
! lchArged with the crime 10 liable to be takeI
, to New York.
vi Would IN acquittai or conviction stol
I the mouth or tongue Of justice in New
! York? Will this or any other tribunal -
: sumo to deprive New York Of the privileg
I Of vindicating her own laws: II matter
} not what the decision may be here, tn
? state Of New York demands the 0fFendeg
1 II there IL one, and insists on receivin,
. him. II is the justice OF New York tina
1 muat overtake these men, if they hav
' been guilty. IT any other tribunal trie
2 them, what Is the measure OF punishment
FOR them. In MI laws there 10 liked pun
e ishment for their violation; but what is I
It be their punishment heres II there il q
e limit, then there il no boundary beyon
! which the court cannot 60.
n There are in these matters grave conse
= !quences both to the lava Of the couu
> Try andto the parties charged. II IL athe0r
Of all courta that have not . genernl iuris
y diction that before they can carry into e
ID feet their 6nding they must make up IL
Of frecords, and what Law can this court Gil
~ giving them jurisdiction over this case
a. Will they assume IT because it would hay
e. been proper subject for Legislation:
I'd M. 0idett then cited tho case of = cou
~ martial ordered q Pueblo during the Ne,
~ tcau war, by IN ofncoe named Huahes VI
- was afterwards mulcted In heavy dam