, 1864-10-20

CoucIuA1un q the Trial of H. II. Dodl
Summing up Of GDU HHei.

1SD1ASAroI1s, Oct. Is The case Of Il. e.
Do6d waB finally summed up by his counsel
tu duy, and niter reply BY Major Il. L. Bur-
nett, the Judge Advocate, the Commissioner
proccedt to finding and sentence,
TIE argument Of J. n. Gordon Was main
power OF the President to declare martial
law, quoting largely from English euthoti.
tNe on martial laW, and cont0unding martial
with military law be conceived to be torefgu
to the Constitution apd laws Of nations, ex-
cept as delegatiye power. Hence, tbs flr't
proclamation Of mArtta1 law Was Il nullley.
lie limited the scope Of martial law, by the
Constiiutfon. to m extent nu1lifytng 1t
holc ing that there IS no provision for sua-
pension Of those sacred hts In any contin-
gepcy. The Government was endowed with
10 pows rs to ave it's life, save through the
Constitution. Hence, be concludee, it may
well be questioned rhetner IN emergency
requiring a declaration Of martial law Ia all
parts OF the United States, Rr the same time,
would not be equiyalentto to the death Of the
republic
ii. Ii. Ray reviewed the testimony. Hs
opening sentence is significant. In apnroacs-
ing the evidence OF the case, we are almost
suboued and aNed into silence by consider
}rg the peft}ons p1ecipice On which society
In the NottlWes 70 lately hung, 1t the testl-
mcny, in the p1entitude of iIB details or In
It's general scope, is to be believed. He at
ten ptcd to show that the detective -as hard
II ~ be believed, aud that The bulk OF the
testimony Was about crude societies, not
trruss,nat1e In their Character. The Sons Of
Libe5'y was the out-eroWth Of ee1f-protec.
tive societies, margiug through three Years.
growth. into Knights Of tle Golden Circle,
American Knights ana Sons Of Liberty. The
latte, te did not consider treas0nable III Its
character, ritual, or general purposes.
Major II. L. Bntpet, the judge Advocate,
,eptnd b,iely, il regard to the jurisdlct1or,
TINT it Was already settled py the cotna.is.
sion, ahd prior to that by the coavening au-
tlosity. Tie members Of the commission
.tn,d not question the order Of their supe-
rjor oiiccT COZ eeDlng the Commission. He
also pointed out the difference between mi'l.
laEy and marital law, sho o~1nz that martial
'hw was an Inherent part Of the war
power, prcrosattre of the Executive,
"a Comman3er.,n. Chief of fhe military
frrccs Of the nation. 1t WAS the spe~
cial duty OF the President to protect
the ration aPaiubt rebellion Or Invasion.
His I0wers we're ample duf1aE aus recess OF
Congress, and be alone could act With tn 1t
pr. Tpknees which ths emergencies OF the
nstlo1 might require The argument on this
point was well sustained by tega1 authorities.
The testimony WAS submitted to the Com
nissi. n+r without lengthy comment, as its
extent and credibfllty was question Tor
their adjudication, ,swhle sho wing, io the gen.
Juni,e Advocate stated that he could not re-
gard witness who entsred the Order to az,
DOSE. and save the country from blood6hed
| and mir, rs differing from our Generals Who
use deception and strategy to d1celse the en-.
c1oY. Such men might deserve the deep
grautude Of thefr country.
The Commission will proceed At once to
| the TRIAL Of Bow1eB, Humphrey. afulil!an,
| Htfrfsu AID Horsy, all holding military office
| in fhr Or1ter Of the Sons Of Liberty.