The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1864-11-03
TuE TRrAL or CoLONEL NORTH.

Il
WAsluNGroS, November 3.--Thc trial Of Colo
mel s. North New York State Agent, and ofLcv
! Cohen and NJ. NJ Jones, was commenced to-day
before the United States Military Commission, Of
which General Doubleday is President and Colo |
mel J. 4 Foster, Judge Advocate. Messrs. r. II. |
Gillette and j. d. Mcpherson appear as counsel |
for the prisoners.
The aboye-namcd parties, together with Reeves
and SChofeld, are charged with conduct preju-
dical to good order and military discipline, and
of fraud towards the New York electors, in that
they forged tho names Of officers and soldiers to
what purpored to be ballots OF said soldiers, to
be used at the election TO be held on Tuesday
next.
They are also charged with falsely and fraudu-
, lently issuing papers and sending blanks which
puruortsd to be signed by officers and soldiers
! in the military service Of the United States,
authorizing certain parties to cast their votes at
' the ensuing State and National election, with
a intent TO detraud the true clecOr Of his rights
Mr.. Gillette, one Of the counsel for the prison.
+ ers, pleaded to the jurisdiction OF the coar5,
= arguing that the court had no jurisdiction first
> over the parties second, over the slbjsctmattor;
= third, that the matter was not within the juris-
/ dietou of the National Government; iourh, that
" Il was subject over which ,ho National Govern
,f ment mad never l5gilatet; aul fifth, tha. there
was no law of the FeIora| Government author
e iginr The jurisdiction OF military court for the
g Trial Of any Que not in thom.tlry service Of the
" United States.
d Mr.. Gillette argued that the Federal tribunals
il- had not in any way or manner authorized Jhc
~ trial Of persons by Federal Court for crimes
in tted against the lawsof any Stats or Statcs
OF If The accused had committed crime, it vas only
.t..t, g EE. = 90, g NT..., r,.I
At and consequently the tribunals Of tho United
gil States have TO jurisdiction. II an ofonsa h1'
l.- been committed, it is against the laws OF New
la York, and that same law prescrbas the ponatic
ur and modes OF trial and punishment.
vas If An ofense Is committed in any other Stat
W. against law Of New York under the eXtradi.io
inc law the party charged with the crime is liable
lss he taken to New York. Ii the parties her
re- charged have not committed crime against tn
wv sate Of New Yo,h, it must appear llurmatyel
ON the crime is one against the sta.Utc laws Of tn
rye United smtes, as it has been decided. rheye ca
an be no oaeusc against the United States unless
lde is specially made so boy statute
uld Il IS not asserted that the prisoners have coI
'n" ,oitlcd an oaansC against statute OF New N)rl
be There are no conuJu Law Olfausas in rna Un..c
ung States; and Il has been expressly ruled 90.
what are common Law olIal5ls Of E1gl-nl ni
y" is not otIen5c aeaiu5: the United STATES.
gui- No oG,nse, such as these prisoners are ch'rg,
that with has been created by statute OF the Z nit
Lty states, and consequently tho t.ibunel has
ra,G Jurisdiction. The Court cannot assume tine lr
t 10 dia,ion: for no power has been conferred upon
70 try these cases, and man cannot be agr2isu
- when it IS impossible 20 put your nGner on q IA
~" desi,nating the crime.
What would be the effect u this Court assUm
cam 10 execute the laws Of fhc STATE Of New f"r
'l ,r,pid an ac0uittal or conviction stop the mor
and tongue OF Justice in New Yorh viii Ehis
3l," opv other tribunal assume % deprive Ne" va
'hsa- of fymd,caung her own laws j. Ismat.ass not wi
e1n- uo decision may DE here he stat" of New &c
.. demands the offender, 81 tuagg Is ope, and ins.
upon receiving him.
Itfsthe Justice OF New York Chat must or
gnury take these men If they have been guilty II
other tribunal tries them, what is the measure
WV rupisbment for themi In all laws there
eaped nn,isment for their violations but what is TO
ln to the punishment here II there is no lmit &
rsSn, tbers is no boundary beyond which the Co
ieSase cannot 60.
u the There arc in this matter grave consequences
ate NJ IN the laws Of the land and to the parties charg
ear OF Ills theory of all courts that have not gene
iurisdction, that before they can carry into ell
iiIIG tbcr proceedings they must make up the rec-
. and what law can this Court cite giving ii
NED jurisdiction over this case VIII they assu
''4''' n because it would have been proper sub
for legislation
Mr. Gillette then cited the case of a &C
iUSs marshal ordered at Puebla, during the MeSi
Gan War, by an officer named Hughes, and ne
,7,a Afterwards mulcted in heavy damages in
sISS, District, because the military court had no Ju
nd the diction over the onense charged. The coui
raised said he believed in all sincerity this Court ha'
q q. Sao ena jurisdiction over the case.
fthe parties charged with crime had bee
h'S" the military service Of the United States, and
Pss9. been subject to military order, the Court w
rsd 70 then have had jurisdiction'
). Colonel Foster, Judge Advocate in reply