Daily national Republican. [volume] (Washington, D.C.) 1862-1866, 1864-11-03
LOCAL NEWS

1HK TRIAL OF COL. .NORTH.-lne tflal Ol lhe
New York state Agent, came OF this mOrDipg, at
II o'clock, before the Military Commission, OF
which Mai Gen. Doubleday 10 President, and col.
Col. s.muei North. the New York State Agent,
aVi Cohen, and NJ. M. Jones were Arragned upon
the charge OF defrsuding the electoral rights Of
soldiers and officers in the United States service,
Rsntom II. Gillct, Esq, and John D. Mcpherson,
Esq, sPPssrcd as counsel gu M ior the defence
ton In the matter, ior several reasons frat, that
II had none over the parties; second, 1t had none
upon the suhject'matter; third, 1t was not within
tile juIisdtct on OF the national Governments;
fourth, the Government had never lesislatca there
onj and hith that the tribunal was not Instituted
nor sanctioned by any law to try persons not In
the military service, excepting spiesj that Fed
eral tribunal had noe In any way authority to try
persons for crimes against state laws.
That question has been adjudioated and put TO
final decision by circuit courts and by the Supreme
Court. The only act which 10 al cred to be VIC.
lated 10 statute of the state Of New York, and
therefore United States court, either civil or mil
itary, has no authority TO tiy such an offence. II
1t must te shown slilrmativc.y TO be an offence
against the United States statute law.
II is not ayerred that the offence is one commit.
and whist, therefore, would he the consequence, IL
the court assumed jurisdiction In cases Appertain
Ing to the state Of New YORK, suppose 4 would
the tongue OF justice In New York; suppose that
1t would dc 1laIe the defendants guilty, nuAt that
compel Justice in the State Of New York to haiti
II the tribunal assumed tho right TO act, surely,
In case the prisoners are convicted, that penalty
hut mu Se W hnnnSsu wnIea tne Vioiea stA.ute OF
81 az ~ III su noSJ sa VI, VI III
ersl jurisdiction, that the law governing any and
epeIy Sssn, nhu % s .oni ns i.hI V @ He
what authority the military commission act, in
the matter u by any other than the statuts OF New
~ wsn i.a,"sn mas Sn ~ ,rs. ,ne Wshs
hou oopIt ,maiuaI ~ Euevin, anu upoh tne goh-
viSuon o. s Csta Pnrus, innISteu GeI,Ma pun,sn; s
shsrs cIsImid tS,t ,he eonTt nv ,ntaStctinn sn
ment' % and the pIHtshments were pntcted. Hughes
Afterwards came to this city, was sued, was
tried by tho supreme Court, and was heavily
mulcted.
tho prisoners who offended no law OF The United
States would be allowed trial before the proper
court.
The Judge Advocate replied very succinctIy stat.
Ing that ii military tribunsIs had no power oyer
any hui military persons' The eourt hsd mo inriS,
dicton over innumer q cases which II had hxed
In war tJTs there are war power,, and the
greater r r'5a 9th Of the % constitution, m which was
ade for ~ ace times and 10 which statute law is
subseryient, remains 10 suspense as was held BY
the supreme Court OF the United States In the case
IN 1852 Gen. Burnside issued an order which c.
L. vallsndigham violated. NallAndigham was AZ.
Rested trio o. and convicted. He applied for awrit
OF teTf0rdTt III the circuit COURT and was refused
because the court had no JuriIdietiou in the ease
In times OF war civil tribunals are displaced by
IL ~ tNptulCut, huu power
which may bo conferred on the military tribunals
are vested In the general commanding.
Onieers and soldiers In the service OF the United
States are entitled to 1t, protection, and in the
soldiers Of their elective hnnehiso was committed
| In the District OF Columbia-in the held-the
| scene OF military aetions and lew months ago
under siege, and yoIiioIi should the case come
oei9re mlitAIy tribunai' ,-, 49,. ~,
Ihe eon.t was cleared ioI gee sion, ,S Mnen M, II
adjourned I'LL tomorrow At 10 o'clock lor the pur-
llltunity oil replying TO the 'udse AaVoea'e'
| The DRAFT.-The Board OF Enrolment dis
| posed of the following cases to-day:
First Sub Disfrici-WAlter Stewart, physical dis
ability; Charles A, Allard, Turnlshed substitute;
| Second Sub -DiGfIif-George Boston, accepted y.
| J. Waters, furnished substitute.
| Fourth Su6-Di.h ici-Selma Cook, furnished sub
stttute.
| Fith Sub-Dhirid-FTABk Burton, under age,
meat ~ mss. a,. h0oins9n' inGnishsu s9psutte.
| .,i,,,,n 1V," gu" D'"''-''h D. "Aru''uihheN'u" 'u"'
husuae. ri'e,n Cab n,.,.,, ,,,. r,,o, nro,.hoI .,,
.,i,n,e ts''" "'"''D'''h-h'"h LSoh' 'u'"''h'u 'uo'
'isuVS ~ S,,,, ,, , ,, ,,,,ro .,.o,,,o, 81, =,
'heir u'he eN'ehued iot a lew uAS''
| u. ..-.',-., ro,,uo.o. M,
| "AshiNSToN ANNUAL SoNrshhnoh-l nc
ABOVE body, after session OF iour uAyA ubuer the