M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1864-11-17
The Trial OF Col. North aud
Ou;erC in Frosross, '

OOl. NuflD, tue New CrB olale aptul
Levi Coheu and ii. r., Jones COM
menced 10 day before the U, 9. Mill
tary Commission, Of which General
Doubleday is President, and COlone
Foster is Judge Advocate.
Messrs. Il. II. Gillett and j. D.
1NcPherson appear as counsel fOl
prisoners. The above named prison
ers, together with Reeves and SchO-
field are charged with conduct proju-
dicisl to good order end military die
cipline, and Of fraud toward the New
Yorl; State electors, iu that they tor
god names Of officers and soldiers t.
what purported to be ballots Of said
sUIdiers to le used at the election t.
be held on Tuesday next.
They are elsO charged with falsely
and tTaudulently, issuing divers and
Ianndry blanks, which purported to be
signed by officers and soldiers in the
military service of the United States,
authorizing certain parties to Casl
their votes at the ensuing State and
National election with intent to de-
,raud the true elector of his rights
Mr.. Gillett, ope OF tho counsels for the
prisoners, pleaded to the jurisdiction
Of tue court, and arguing; first, that
the court had no naturalization over the
parties /; secondly, over subject mat
Ter thirdly, that the matter was not
within jurisdiction Of the National
Government !; fourthly, that it was a
subject over which the National Gov.
ernment had never legisIatud and
ifthly, that there was no law Of the
Federal GoverTment, authorizing :he
jurisdiction OF u military couIt, icl
the trial OF any one, hot 10 the militia
ry service ,...
Mr.. Gilett argued that Federal ;ri
hunalS had not, in any way Or manner
authorized trials OF peraon5 by Feder-
al Courts, for crimes committed
against the laws Of any State or States,
1.-THE accused had committed a crime
it was only violation traoejnsta!e
Of the State of New York, and con-
sequently tribunals OF the United
States had no jurisdiction. An Of
ituse had been committed which was
against tue laws vi New York, and
that same law presclibes penalties
and modes OF trial aud punishment.
II an ofeuse is committed IN any 9th
er State against the laws OF New
York, uuder The extradition law the
part y charged with crime is liable to
be taken to New York.
If the parties here charged have not
committed crime against The State oil
New York, it must appear atfirma-
lively that crime has been Committed
against the statute laws OF the Uni
ted States, as it has been decided,
there can DO no offenso agains. the
United States, unless it is. specially
made 30 by the statute. 1t is not
averred that the PRISONERS have COM
ntted al otEtnse against the statutes
of the United States. There are no
common law off, in .he United
States, and 1t expressly rules that
what:are common law Ofenses Of Eng
land, and are not law oFenses against
tie United States. No offepse, such
as these prisoners are charged with,
has been created by the statute Of the
United States, and consequently this
has no Jurisdiction. The
Courts then ASSUMES jurisdiction for !
The United States, and power had
been conferred upon it to try cases at
and man cannot DO ar
raigned when it is impossible to put
y ur finger en- a law s,ignipg crime
W hat wGGId De the effect ii this court
Assumed 10 execute the laws OF the |
State OF New York 2 Would an ac-
luittal or conviction stop the mouth
or tounge Of justice in New York
W i'll this, or any other tribunal, de-
Drive Kew York of the tight OF vindi.
Gazing her own laws 1t matters
not what the decision may be here,
the State of New York demands the
offenders, ifthere are any, and ilSists
lpoa receiving them. 1t is the jus.
ice Of New York that must overtake
.hese men, ,ifthey have been guilty.
Ifany other tribunal tries them,
what is the measure Of punishment
or them 7 In all laws there is a
liked punishmeat for their violation
out what is toead their pun iShmens
,ere. Ii there RSHS limit, then there
8 no boundary hfSS::lnd which the
Joult can not go. There are in these
matters grave consequences, both to
he laws OF the country and to the
PARTIES charged. 1t is a custom Of all
Courts that have not d general jprls-
lictiou that before they can car.
y into effect their finding, they must ,