New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-11-05
10 the Associated Pre-

10 the tsgCClated Pre-
WAsHIyGroS, Friday. Nov. 4, ls64.
The TRIAL OF Col. Samuel North, Ncw-lorE
State Agent, Levi Cohen and v. Jones, was resumed
This noiuins before ne Ilitcd states Military Com
mission Of which Gen. Doubleday ir President.
Mr. Gillette for The defense, replied, still p.eGGng 10
the jurisdiction Of the ouTt 90 c argument oi judge
Advocate Foster He held that The Dor case m Rhode
Island and thc Nal'andigham case boh 81 winch were
referred 10 yesterday by the judge Advocate we're by
no meaus similar 10 the present cas- There is no
resemblance between the OF NalGudghem and that
of Col. North and those charged with him. MI Gu
Ictte then proceeded 10 combat Col Fosters argument
that n time Of certain provisions Of the Consu-
tons, which one q peace, were necessarily sus'
pended" The extent 81 tie suspension had MOTH
ing 10 do with the question before the Court.
The learned Judge Advocate tod tue Court inst
IL was the duty 81 the Government 70 protect
the soldiers against fraud and IN IL their rights. II
was right Tor the Government 10 protect the
soldier relation 20 all hs rights 30 far as they sprung
ont OF hs relation 10 the Government Is soldier The
soldier however. does not Fot. by 'iiiue oil ha e4't"
soldier. Tic right Ia VOC h citation spIingnG cut
Of lOcalaW 81 state. II IS the right of man as
cltllen--n"i o. q solder. lie government may prop
cry hive laws preventing he sale ~ liquor 10 soldiers
and preventing .Uy from inducing tlcm To SOL thor
clothes end ariss. But IL has authority in var OF
peace 10 attempt supervision az control over c.yI
rights. Therefor when tic State Of New-Yors. as a
commonwealth. passes O Law ia relation 10 certain
rights. il doc. nc 4Fo lie General Government con-
tTol over such right Ii ID thls case crime mas been
committed, D. j. against the Clh nyLt OF the soldier
and against the law Of New-Sors. and remedy is 10
BE- found under the law o. fhht - tc. NUMBER ~ au
lOTiiic read 20 show that the United states bad
DO COMMON l.w in relation 10 criminal matters
which could De IesOIicd 20 IN This aud -ilni-
liar cases; Tat tic United States Tribunals
had no power 10 ty cGlsea arising under he statute
laws ol The Ststes and that had iIIsdicton
excep. such given by the power creating the
court MI Geeite also quoted tie act Of congress of
March 3 1865 and argued from % tlat Coueres, itself
directed what should be done with prisoners o. State
q. Gistiugrs-cu from prisoners 81 30" are TIE
lie accused prisoners Of q military character. They
were not ia Ire military service. Did tie iact " htr
arrest aaG Imprisonment make them subject 10 tbe
HH..r.n fa|..H shat %. d
either State OF political prisoners. II tLcy are
political prisoners, then this tribunal has 30 jurisdiction
over them. Besides State and political prisoners there
puIc ely m afy UIlsCnoTs .ud 10 i'll over such only
that tbs military commission have jlIislic ion. Tie
Clso Of III. nd ghar which Dad been referred %,
Offered from this case IN lat Mr NaioLGicAam 1Ipl-
consequences Or te violation OF which wee wei known
20 him. But Col. North. ard those CHARGED with him.
knew 81 no law ta could aracn tAem beioIe militia
Iy tribunal Do iefe was snch ia" 10 was ~ post ioc'
TO- and consequently Unconstitutional ana void.
Col Foster, 10 cply, again Ieieirtd 10 tie Val.
lardicham case and n il tie : Cronit Court 0f Ohio
refused 10 grant an application for hgias copVr for
Two re6sonstlst thatthcy halnO power o. review ne
decisions o! military court. aud second, that such
military court Lad not exceeded iis jaftdicton LOl
Foster argued that undcr tho Constitution many Gifts
provisions he'd 70 yield 70 the safety OF tie whole people
Even i tine Of peace. private property may be sc.ld
Tor the pubic rood and slnil t be said that creator
power is IOt eoJicued IN time OF il is apparent
mat Congress has unlimited powers n declaring 9nd
carrying on war, ard tie President has the power %
90 4Aitic lt lnDQf Nheltul llt war thdl lc carried
IN. ~ times Of var when The peace powers Of the
Constitution couhiet with the powers the former
must give way 10 tie latter. Tho President may with
perfect lesiy Use extraordinary powers. and such as
may see 10 Dn best IN conducting tie war; and DE
must IN accordance with bis oath Of oihce do a 10 has
power 70 l4lHE the war 10 a 6ucccs iul lcimlDft Oh
In this way the avs Of peace must necessarily b. made
90 give way and what Is known ~ martial law is sub
Sttutcl Col. lOsier also referred agnu 10 the DOrr
ease in Rhode Island an argued from il that the way
powers Of The President are unlimited and that In rc
If actUsl war the President may use oxtraorGinarv
measures. Col. Foster continued by ARGUING thai tie
war power strictly constitutional ana cuotod from
various authorities in support Of his argument II the
argument Of The counsel for defense were correct en
&c or LongstIoet captured they could not be
ured except by regular indictment by a grand inry
and ttlal before petit jury. IN the Mexican
war General Scott established military tiihuu.I.
sad made The statutes OF tue United Stat. to,;eyou
there. I0l4u le sgi. that this action vas he.s-anI
ye Wond be Impossible TO point oct the clause of the
Constitution irving Cen Scott such pcver Ine Pre.i
,enl IN Janu y la CldCred Mhtary Commits ion q
Ne convened Tor The tal Of such oases az should be
NDutAl UeioIe II. Tbs cnss 0f Samuel North aid
otieT5 Was sent 20 this Commission bv the sppotts
power creating the Ct'ct and corsrot,t Nv 4 : Com.
mission has no authority t. say tbcv have 10 rsl,o.
non 'bis cpse f,r i've jurisdiction ms been r,eu l,
~ J.aSe'A"Focntc General II tlcrc IL aa oiEa,ized
goo ~ 9eiald te solieI Il any eno IF lns ait has
~. murray cont Do right 10 rs those Who svinde
~ %, us bounty % vlo d priyc l.m OF any "
' '-' N"'sfn'aent mnst tke t,e scaiers nteTes, y,