, 1864-11-05
CHICAGO, SATURDAY, NOVEMBER S, 1864.

/ Col. Foster also 1eer7ed again - the Dorr cas;
In Rhode ltlan6, apa arXued trcu it tnat tue wa1
powers Of Tie are unlimited, aud taat II
time of 8ctusl wnr the President mar use fxfranr
din8ry mt su.es. Col. North cont1lqed by arsn,
ing The war power Was Strictly eonat:tutonal az
quoted frem snious authoslttes in support OF his
! algtmeut. II the arguments OF the counsel 70,
tbe dtftn-e we're correct. 1te{f Lee OF Lougstrert
we're captured they Honld not be tried excent hy
RI ular il clctmeLt By grand jury and tidal oy be ii
Ii the Mexican War Gen. Scott established mill
tsrT .1bursis and made the statutes Of the Uolted
States to rrevul there Comic it be .at1 that this
TO point out q e,ause OF the Constitution sfyice
Gen. Scott tuch power. The President, In JacQ-
asy last, ordered $ Military Commission 10 b coz
lIoup ht before It. This case OF Samuel North sud
others sas rent to this Commission By The oppe,-
late power creating the Court. and consequently
1bI% Clnm eiuI has no authority to Say they hare
10 jurieoiclop Tor jurisdiction nas been gwen By
lithefe Is an orRxnized band to deIraU1 soldier
e hi 'hs a.s bsi sTods a0s nz ePa s
bounty, OF who deprive him Of any Of bis rights.
Il Is always crime to uetraud . soldier, aud the
h,nd. The lodge ADVOCATE denied taat the crime
charged = a. agallst the statute Of New YtrR. The
stalute GOES nut provide 'or toe tndtctnsnt Of any
In = hich ccunty ofthe sn1e Of Ntw York could an
Indictment be tbtaiued. and consequently q Hill
tafF cturt Ii the p'pper one to take coenzance bf
tse m thS ems aS shgsa ws Sns ss1st
Der The direct ehsrgt OF the military Authorities.
The Court Rss then cseartd, Ard tar C,mmaf-
he Ps.d to thS and
Col. Eos Ct H'ked the court to order ujgment
Of gully. The d*fe1 dants conld have put IN a1Y
plea 'hey pseaeed. They hsd chosen to plead to
the jan uict'op, and nat abide the eo1f equences
HI. Gillette considered tbs demand OF tue Judge
Advocate III extraordinary oneIr Ha efgued that
q pea to the tuteoictton was not ~ unu.ual
hn ftf f.dT hnH NkrN $6a%,t
court could decide whether plea should be en-
tered; nor aila military court decide that be:
eaase Ie. to luti=d,etaon has OF bern sta1ntd
nesset, but that be shall be condemned without
ttlal. The court has simply decided TINT the az
gnnent against the Jurisdiction WAS not good. II
it bare the effect Of putting down the crime!
Col. Fostcr, IN reply, said: The point in this
casc ie. Wit person pleads to the jurisdlcl:on
1t pus.y mater Of favor TO a1l Of the defense
ten to plead to the merits of the case.
The Court dent.d the mo'ion of Col. Foster, and
the prl,oIe Iers. in tnrn, entered the pies Not
Il: McPberron-moved that the accused be ro-
manded snd sepArste trials be granted them. The
1r, McPrcreon then moved that the Judge Ad-
Ftcste eet whether he will Try the several parties
a. ptincipala or a. acceseories-ibey could not be
col Foster said.he would not amend hts specid~
cations. lie would 1os consider the parties a.
pI1 c1pa}s or accessories, but would trJ them IN
the charges ~ ret forth IN the specifications, Th.
charges we're not drawn up Is an ildic'meott
common i4~, but as epch papera were uaua!i,
Mr. Gillette argued thst II aas the duty Of the
Court to compel The JodRe Advocate to dictate
how be ~ould Try the several parties, whether as
ptttelpais OF sccessof1es. The man Who Ia to be
ceteDoed as IN accessory had one limo u defense
and the principal hae another. Tbs eFtdenca ia
either caec must be different and Judgment must
BE- different.
Mr Mcrheason's motion Was denied. >
The Court then TOOK recess uuill 3 p N.
TUE LATEST
=. NEW ToRK, Friday, Nov THE trial Of
Co1. North mas been postponed to Nov.
14th.