The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-04-16

b strictly construed Neither The ,0dss nor
the general vested Win legislative powers .
the law; and ihis modern idea Of assuming
power oonvaneHce otherxise where the law does
.es give IN terms Is oosn Ssc.psd
the civil law suspended the time being; the VIII q
ths general cdnmandng is the law; but even tnen ne
cower. Bus, in the Department Of the East.' in the
ssy Of New York the calamity called martial law has
S resrsss Or public and private wrongs and tho
mutary power has no right 70 infringe upon pom
q ns aw sousrs upon them the and
every arrest Of private citzeDs made cy military Az
shs sSs y Ss MseS .Ss party making il Is
Shonsi bic The idea that the law may DC vio@tea, o.
CHAT summary military arrests n srssncns o
sases and trouble, % IA effect 10 proclaimed by
General Dix, too dangerous 70 DO adopted or aanc-
rbe INV under which General Die insinuates he can
nnd dc ton for suc arrests 70 DO found 70 the act
very title the indicates object is entitled
Au act 70 prevent and punish frauds upon sne govern
xow there Is no resence that Mr. Ciapp has defraudsd
the governe the charge Is that recruits have been
bursed any HOsernmsnt funds or retained any that Of
right belonged 70 tho recruit The money was the city
Bounty Tho acts complained o. arc frauds upon private
whore mftry officers have assumed 10 act % collectors
private ebts and as jaors to incarcerae supposed
debtors, exparte statements OF the CREDITOR with
stvg The accused the benefit OF being heard IN ms
swu dsssace?
The st section defines who may be tried by
courts and for what Tho charge against
Mr.. Capp of those designated i he cannot be
srsa martial then he cannot legally DO arrested
ne second sactiou of the act provdes the punish
United sarss The third section defines 10 what court
oeaces rhal he tried and indicates who may bring the
ball. SheSlxsh holds out Inducements to informers 70 in
sssuse the suit, giving shem one-haif the amount re-
q ambition to this act on the Sd day OF March, 1868,
The DOT relating to the writ of habeas corpus was passed.
THIS act while deprived the citizen Of the benefit Of
fhak writ also threw around him some pro-
tors the rights the accused The second section
and the secretary OF War to furnish TO the cir.
cut: and district judges Of the United States, in
laws has remained unimpaired," list Of names
OF all PARTIES held prisoners except prisoners OF war;
and this section expressly declares that In all cases where
grand Jury having attended any Of said courts having
Jurisdiction IN the premises, has terminated Its
tue judge to order the discharge Of the prisoner, and
the refusal TO obey the order OF tho judge would subject
Che party refusing 10 tine not less than $500 and mpIis
eminent not less than six months. This provision was
intended some compensation for the loss OF the
writ Of 'habeas corpus, and to guard IRE citizen
ferred upon any military commander, in districts where
the .admnistration OF the laws had remained unim.
paired make arbitrary arrests Of private citizens and
hold them without trial.
The exciting and dccamatory language Of General Dix's
letter the Chairman Senate Judiciary Committee
10 calculated TO. prejudice my client But the careful
reader will that 1t contains specific charge II
points evidence against him. On the contrary,
that General Spnoa brave and loyal soldier who
the OF recent wounds received IN battle, de-
MED all knowledge OF frauds inside OF lafayette
Hall This sustaus the the Try that am con 6dent will
be established when this matter tricd-that the frauds
the perpetrated outside Of the hail. and
net by the party charged Why has not General Dix
placed those who must know the facts under oath9 No
one will discredit General Spinolas word or OATH
Task suspension Of public opinion on behalf Of my
client until be has hearing which viii DO soon either
90 plaintiff or defendant Yours truly,
JAMES NJ. SMITH, Is Chambers street.
NEW YoRE, April is, 1864.