The sun. [volume] (New York [N.Y.]) 1833-1916, 1864-11-05
The Election Frauds.
Tr,aI OF Col. North and Others.

Wdshin1ton, Nou. THE trial OF Colonel saml
North, New York state agent Lovy Cohen and n.
Jones, was resumed this morning, before the
L Unitcd States Military Commission. Of which Gen.
crA Doubleday is president. Mr. Gillette for the
dciouce replied, still pleading In the jurisdicton Of
tie cour. to the argument Of Judge Advocate fos-
Ter He held that the Dorr case in Rhode Island
and the vallspdig am case, both OF which were re
ferrcd 10 yesterday by the Judge Advocate, were
by no means similar 20 the present case There
wss no resemblance bctweon the case u Nalsniig-
ham and tina, Of Col North and those charged with
him. NJ. Gillette then proceeded " combat Col.
T F,sicrs argument that in time o' war certain
provisions of the constitution. which WINS one of
pesre, were nccessarily suspended. II was right
Tor the government n protect the soldier
IN relation 10 all his rights far they
spr>ng out Of his relation TO the government AS .
soldier The sJ'dier, however, docs not vote by
virtue of his relation AZ u soldier. The right to
VOTE is u relation 4pringug out of u local law ~ a
State. II s the right of man as citzen not ss
soldier How are the accused prisoners of uil-
ia-y character They were not in the military
service. Did the fact OF their arrest aud imprison
mont make them subject e. tue military authori-
ties II ia clear that thu accused are ethcr State
OF political prisoners. II they are political prison.
then this tribunal has no iursiict on over
them Resides State and political prisoners, there
purely military prisoners. md u is over such
only that this I.ilary commission have Jirisdic-
tiou. Tho case OF Mr.. Vsllands ham, which had
been referred ~ differed from tins case in that Mr.
! Val andigham had volatci o known law which
had been published. and the consequences OF tho
violation ofwhich was well known 10 him. But
Colonel North and those charged with him knew Of
| ~ law that could arrsign them before d military
! tr bunal. II there was such "a law IL MAS eB post
Jdcfo aud consequently unconstitutional and void
| Colonel Foster, in reply, again rcferred Il ths
Vsraniyh yhsm cssc, and SAID the United States Cir
| cut Court Of Ohio refused 70 gran, Al application
tor u hdbeIs corpus for two rcsslus: First that
they had 10 power 10 the decisions OF mil
itAry cour, and second, that such military court
bad not exceeded its jurisdiction. Col. Foster ar
gusl that under the Constitution many Of its pro-
visions had to weld to the safety Of the whole peo-
| lle. Even In time o' peace private property may
he seized for the public good, aud shall It Do sslI
that he lrratcr power is not conferred Ia time OF
wary Cot Foster also referred again to the Dorr
care "a Rhodc Island, and argued from II that the
| yur powcrs ot the President are unlimited and
| that in time Of sctual war the President may use
extraordinary powers, " tho argument Of the
| counsel for defence CORE /, then II Lee or
Longstrc.t captured they could not bc tried
| cent by regular indictment ty Grand Jury md
trial before petit jury. Ia the anX'ean war Gen.
Scott estabshed military tribunals and made the
statutes of tho United States TO prevail there Could
II tc SAID tEat this action was Illegal and yet il
would te impossible t. point ont the clause Of the
Constitution owing General SCOTT such power. Tho
| President in January last ordered military com
m sson 10 he convened for the trial Of such case
st ould 10 brought before H. This csso Of Samuel
Norton and others sent to this commission by
the appellate power creating the court, and conse-
Qucntly this commission has no authority ~ say
they have no Jurisdiction in this case, for
tie jurisdiction has been given by the
Judge Aiyocate-Genera II there 10 Al organized
band 10 teiraud the soldier Of any Of hs riGhts
has not military court the right 10 try those wAG
w.udle the soldier OF his bouuty, or wGo would
deprive him of any Of his rights. It is uluays
crime 10 detraud a soldier, and the rovernraen,
must take iho soldiers interest In hand. IN.
Juiye-A1yoeate dcuied .ha, tho crlmo charged wa
against the statute OF New York. The statute doe
rot provide for the indictment Of any enc ~ com
rniitei the crime outside Of tho state, n wLict
county VI the state OF New York could All indict
men. be obtained; and consequently a military
court Is the proper ono to take cogniz .nce Of Ia,
case, for the crime charged was enc against tn,
: soldier IN the held, and consequently xas undo
ne dir,s: charge Of As military suthcrilss