The sun., 1864-11-04
The Election Frauds.
Trial OF Colonel North -Argumcnts Of
Counsel,

Warrington, Nor. 3.--Ino trial n C1l. Samuel
NortN, The New York state Ascn., and Levi Cohen
ami N u Jones was commenced to-day before tie
United States Military Commission. of which Con
eral Doubleday IS President, All Colonel J. A. Fos-
ter. Judge Advocate. Ness-s. r. II. Gillette and
j. D. McPhersoa appear al counsel for the pri-
soncrs
The nbovc-nsmcd prisoners together with Reeves
and sehocfcld, sro charged with conduct preIudl-
esl to yoci order and military disc rlne, and OF
frauds towards the New York state elections in
tina, they forged the names Of officers and soldiers
" what purrorted 10 tc ballots Of said soldiers 10 he
used at tlo olcction TO he held on Tuesday next.
They also charged with falsely and fraudulent
l. issuing Divers and sundry blanks which pur-
ported t. tc signed by officers and soldiers IN tho
military service Of tho United States nuihori sing
certain parties TO cas, their votes al the ensuing
State and National elections with intent to Jefrsud
| the true elcc,or Of his rights.
Mr Gillette one Of tie counsel Tor the prisoners
posicJ against the Jurisdiction OF the Court, argu
in At the Court hal no jurisdiction frat over tho
parties secondly, the subject matter thirdly
that the matter Nas not within NE jurisdiction uf
| the National Goverumcnt; yolrthlg Nat Il wsS
| suhject over which tie National Government had
never lc.siAtel aud dJthiv, that there WA no law
| 4 the Federal Government authorizing the Jurs-
dicton Of military court for the trsl of any ono
| no. iu the military service Of the United states.
NJ Gillette argued tha, the Federal tribn' ais had
not In any way manner authorized the trial OF
4 perrous by Federal Court for crimes crmmittci
against the laws of any Stat" or s'nicr. II the ec-
cuscJ h,d committed n crime. u WAS only viola
! ton VI the statute Il the State of New York,
| and consequently the tribunals of the United
| States hal no jurisdiction. II au offence had
| been committed, 1t was against the Laws
/ NJ New York. and that law
! scrltcs the penalties and modes Of trial and
| punishment. II an oi'ensc was committed lin any
| other State against the law of 1e state OF New
York, under the extradtiou law, the party charged
\ with the crime is llsho 10 bc taken to Now York
II the parties here charged have not committed a
crime against ihc State u New York. II must sr-
! pear afrrmalvely that Nc crime ~ one a-anst tue
statute laws of the United States; has teen de-
c,dcd tia, there can be oilcpse against the
United states unless il Is specially made 50 10y sta
tutc 1t Ia not sycgred that the prisoners have
| c)mmtei an oiiensr acsnst the statutes ~ tho
| United StsteH There are no common law oilenscs
N tho lni,d States and 1t ia expSssly ruled thai
what are common law otTonsas Of England are not
oaensos against the United States. Ne oiicnsc such
as these prisoners are charged with has been crc-
| a,el hy statute q the luited States, and con'e-
| nucntly, this tribunal has no jurisdiction. The
Court cannot assume the Jurisdiction, for no power
Ia Xtcen conferred upon II 10 try chr't- hM'
| n man cannot lie arrsignei when 1t IN imrossi
| lle u put your finger ON law dencnatng the
crime what would be the effect " this court ~
!
Yorky Would a1qiistal or eonnct.on sloI
the mouth or tongue OF justice In New York; VII
this or any other tribunal assume TO deprive New
York of VINO icating ber own laws II matters no
what tie decision may be herr-thc STATE of New
York demands the offender, II thare ~ ono, and In
sista on receiving him, IL IL the justice OF NcO
yurk that must nvertakc these men, II they hav'
leon guilty II any other tribunal tres them
shnt .s the measure OF punishment for themi II
pll avs thorc tSci punishment for their viola
tinn but what In to he their punishment hcrcf l
there is 40 limit then there Is no boundary hcSonf
which the court cannot SO. There are in thii
matter, grave consequences bon
he laws Of the couA ~ and 80 VI
parties chsrgcd. 1t 70 theory oi oil oouru
ihe, have not a general lurislctiou ttat bc'or'
th.v call carry ir.o effect their findings they mus
, make W tho record; aud what law can this cour
| citc giving them jurisdiction over this case Wi
,hcv nSauuc u. because II would have been proper
s,,t,i,,t for le asationy Mr. Gilette then cited III
| caae Of "a court.inGrtal ordered vt Pueblo durin,
| tho Mexican war by AIN othcer uamed hughes, ne
- he was afterwards mulc.cJ IN heavy damages II
y the ID strict Court bccaufn the Wilnry cJift hh'
| ma Jurisdiction over tie offence Guar sol. III
counsel said he believed ia all sincerity tnu N
= | court hRd jurisdiction over tno ease. u N
>. parties charged With crime had tecn m the so'
IL, VI Q OF the United States, and had teen subject
military order, tho court would then lave has jul
| lsdlttiUn.
Col Foster, Judge Advocate In reply, said thr
if,ho last argument Of Mr.. Gillette were true, the
. q military commission could not try spy or
guerrilla, for they not su,jec, ~ the mil'tar
a orders OF the Unitcd States. Tho rgh, Of trial b
Jury was right to which all aimed u lie cnn,le'
", r,icrri a could not demand 81 b a trial, n,
could a traitor demand to be indicted IA court ID
fore trial In time Of wAr certain pcscc po.c
were necessarily suspended. CO.. lus or re'crr,
to the case OF vaandixhan. Gni quoted large
FROM the decision OF the |. $. Supreme Count, ups
cs iho Lpu,.t A.on OF Mr.. Pu,sh luI Ns..d,s lani'
a release, 10 show that they rccoguiled Il
fact that la urgent and peculiar oas
te military courts had full powers aud iuri
OF dictiun Iu all these cases tic state and co
"A di,ion If the country must bo cou.ideEed. II
ehar.el that the rights Oi tic soldiers hiyo be,
~ violated and IN they are in the field, and not Ia
l- state where there recognized courts of la
% military ubu aals tho proper oncs 10 take no
nj H. q matter The District OF Columbia has be-
50 ,1usl lcrcd ~ in the held. Tho parties charge
v,iu crime here are also considered AZ IN tho hcl
and consequently assuming the TACT thgt soldie
IN tLo field mad been deirauded, and by parties al
er IN The Aeld, they were anensole To answer to
ut military court the only one having proper Ju1
rc. dicaOn.
Q At the conclusion Of Col. Fosters remarks
Court sd ourncd, st M. Gillette's request until
ho O'Clock tomorrow morning.
H- southern News.
''' Late Redmond papers publish irHrInstlon