Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1864-11-10
THE ALLEGED FRAUDS IN SOLDIERS VOTES.

The trial Of the New York State Agent commenced
Thursday morning. at eleven O'clock before the Military
Commission. Of which Major General Doubleday is Pres
dent and Col. John A. Foster Judge Advocate.
Col Samuel North, the New York State Agent. Levi
Cohen, and III III Jones arragned upon the charge
Of dsauding tho electoral rights of the soldiers and OFF,
cen of the United States, and plead not guilty.
4 Ransom H. Glet, Esq. and John D. Mcpherson, Esq.
appeared as counsel for the defence
The following summary of the peadings is taken from
last evenings Republican
Mr. GILLET plead that the court had Jurisdiction In
the matter, for several reasons: First that had none
the parties second, it had upon the subject
matter third it not within the jurisdiction OF the
National Government fourth the Government had never
egated thereon; and, fifth, that the tribunal not
instituted sanctioned by any law to try persons not 10
tho military service excepting spies that Federal TIL
bunal had not in any way authority to try for
crimes against State laws That question has been adu
dcated and put to final decision by circuit courts and
by the Supreme Court The only act which s alleged to
be violated is statute of the state of New York. and
therefore United States court, either civil military
has authority to try such offence Ii the offence be
against the State of New York. it must be shown
armatvey to be an offence against the United States
statute law.
Ii is not averred that the offence is one committed
against the statute laws of the United States and what
therefore, would be the if the court assumed
York; Suppose would sdjudgs the prisoners not guilty,
would that stop the tongue Of justice n New York; Sup
pose that it would declare the defendants guilty must that
compel Justice in the State of New York to halt?
the tribunal assumed the right to act surely, in
the prisoners convicted that penalty must be inflicted
which the violated statute of New York prescribes and
greater less 1t is the theory of all courts which
have general Jurisdiction that the law governing any
and every and giving them jursdctiOn must be
Gifted in the record and he wished to know by what
hory the military commission acted IN the mattef by
any other than the statute Of New York. which cited
in the specification.
In the Mexican George w. Hughes organized a
court martial at Pueba and upon the conviction OF certain
parties inflicted certain punshments- whipping for in
1t then and there claimed that the court had
Jurisdiction in the CASE but attention paid to the
argument, and the punshments inflicted. Hughes
afterU ards to this city, sued tried by the
Supreme Court, and was heavily mulcted.
In view Of these considerations, he hoped that the pr
soners who offended law of the United States would
be allowed trial before the proper court
The Judge Advocate replied very succnctly, stating
that If military tribunals had power any but mill
ary persons the court had jurisdiction nnumera
Bile which it had fixed among them guerrlas and
traitors.
In times there powers, and the greater
portion of tho Constitution, which made for peace
times aud to which statute law subservent, remains in
suspense held by the Supreme Court Of the United
States in the case Of Mott against Berdann.
In 1862 Gen. Burnside issued an order which c. l..
Valaudgham violated. Vasndlgham arrested tried,
and convicted He applied for writ of ceTtiorari in the
Circuit Court and refused because the court had
jurisdiction in the
In times of civil tribunals displaced by military,
10 aoonca oApouiohi auu Tue powers which nay 20
conferred on the military tribunals vested in the Gen
era commanding.
Officers and soldiers in the service of the United States
are entitled to its protection aud in the present the
crime OF deraudDg officers and soldiers of their elective
franchise committed ia the District of Columbian
the feldthe of military actions, and few months
ago under siege and oror should the before
military tribunal.
The Court cleared for decision when it adjourned
till Friday at 10 o'clock for the purpose of giving the
counsel for the defence opportunity of replying to the
Judge Advocate.