Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1864-04-11
- Kaaoe Caeo-nIItafy Authority.

!, Tne Knapo Case-Ailsasy Authsrtty.
Ms Eprros The esss Of Knspp. Who sho
Geo. Fraas Last Chsist@as, sesms 70 % e1si'
Tia. so.aide,abls intsrset, and the last devsl
ooems spts therein may we'll esuss people to In.
ouire vbst security they have Tor hfs sne
property. Nv attention has been called TO q
ertisle in Saturdays Gazette. which y skiifel'
IL ealculated 10 lead men to think shss
vrops has been committed BY the civil asshos
ity in es.ainipR Jurisdiction over the eese o.
Ksapp. and shas The lev giving that jorisdle'
lien 20 The military tribunals is 20 we'll sss-
tied that no ques,ios ought to Be made In re-
gard 70 II. Having assisted st The trial OF ths
case before the Clinton County District Court.
being thoroughly familiar with the facts, and
and having listened TO the deeision Of Judge
Riehmsn upon the question Of Jurisdiction, l
think IL no more than ny duty TO attempt 70
show. notwithstanding the profound legal
ability Of the Gas9tts. something msy Do said
IN favor Of the suprsmsey Of the civil Law.
A brief summary Of the facts 10 nscesssry.-
Kospp. Foyer and Scott. three soldiers from
Camp leClsllsp, we're patroling the streets,
armed. On Second stress they met three ne.
gross. Fryer wss 10 advance. and ordered
the frst negro (Msnuisg) from the sidevalk,
although The frigtened darksy had before
Jumped to one side, and vas not 10 the way.
Frame vss the next negro. and Fryer. With On
oath, ordered him from the sidewalk. Frame
replied that hs hsd ~ good right TO the
walk - the ,oldiers, whsrsupon Fry er struck
himl viii. his gun. Frame picked uP . stone but
dropped II upon Knopp's threatening TO shoet
him. They proposed TO take Frame TO camp,
and be ran for his house. Jast as hs reached
the fence, With his hands on 1t, Knapp cried
"hsls,' and although the negro was standing
perfectly still. st . distance OF swsnty.hvs
feet, kospp fred and killed him iustantly.-
Scott constantly sndeavored to prevent bic
coorades from "bothsring the niggers." and
be was not arrested. Fryer Vas convicted OF
assault and battery at Scott County District
Court, and Knapp Was tried for murder at
Clinton Gobunty, on change Of venue. Prina
Eacie more deliberate case Of murder could
not be made out, bpt Knapp tried to justify
BY ehowing that he acted under the orders 0f
Fryer. his corporal, in asyestin2 the negro
aud that military custom made II necessary
for him to shoot his prisoner II be tried to
esclpe. Whether or not he did act under
such orders cannot be detsrmidsd, for the ties.
timony was conflicting on that point. After
failed to agree, standing six Tor conviction Of
granddaughter. and zig for acQuital. 10 due
course Of law Knapp would have had SEQ nd
trial at Clinton County in September next
Now, We are informed, that . requtition has
been made by the War Department upon
Gov Stone fer the trSnsfer OF Knapp to the
military authorities, and that the Governor
hae ordered Sheriff Lyter of this county, to
make the transfer.
The oulY wonder Is that the requisi,iors
vas not r ada sooner" says the Gazette. and
seems in high gles that etill another meaeure
has been taken which ehall chow the eupreme
disregard OF Ia v entertained by the Depart
ment. The Law under which the requietion is
iustified, 90 far as applicable here, 10 correctly
quoted by the Gazette, being section 80 of the
conscription law. ''And b it further enacted,
That in time Of var, iosurrection or rebellion,
murder, sssault and battery, stc.,
shall be punishable BY the eentence Of gen-
eral court martial, or military com nssion,
when committed by psrsons who are 10 the
military service Of the U. s. and the
punisbment for such otfsnses shall never be
isss than thoes Indicted By the laws Of the
State, Territory or District in which they
may hsvs been committed"
: says the Gasests-'nothing can be plainer
or more explicit than tbis." Indeedi lite
to be regretted thst the opinion had not been
quoted to the District Judge when he gave
nis decision the other wsy-it might have
changed his mind.
Let us examine this "plain and explicit"
provision. Supp oss that the whole country
was at peace. and On "insurrection" like the
one In Coles county the other day should break
out, and tr ,ops we're sent to quellit. Now 10
the rebelious district those iroops would be
suhiect 70 uiiitsry Law, and would come un-
1 sta a. nf . ko ~h
But IL company Of United States soldiers
we're quartered here and one Of them should
murder citsen 10 cold blood, would the exis.
tence Of On ineurrsction 10 Coles county tea
warrant for turning that orimipal ovsrlto the
military authorities2 1t would. If the COP.
struction cootended for by Knspp's counsel
and the 0asstts u the right one. have need
the foregoing illustration TO saow more vivid
IL what l think 10 be the true construction of
the Law, viz That where insurrection and wss
actually exist the functions o. the civil courts
90 far - regards criminsl soldiere, actually
eesse, and when the reason OF the Law 10 con :
sidsrsd, this vii appear more strongly. BY
artic'e 80 Of the old Articles of War, adopted
BY Congress 10 1906. II was provided tEat
when any officer OF soldier should bs acessed
Of crime against person or property OF . citi-
gen, etc. etc., the commanding officer should
upon application, etc., deliver the offender to
the civil authority.
This was 10 the good old times when W
had not TO fear the internal schemes Of rebels
Of the South. nor breakers Of the Constitu-
tion in places Of power ct the North. But
when the present rebellion broke out see what
reason there vas for changing the Nv. II
one Of our regiments was stationed 10 semi
loyal portion Of the South, where civil courts
might yet exist, there would bs plenty Of re-
bells With lit le enough conscience to enable
them to swear out false informations againei
our soldi' r., have them thrown iu Jail to await
the action Of perhaps corrupt civil court, and
thus:smbarrsis the operations of The army. So
to remedy this, was the GO.h section Of the
con seription Law paced. and contend that i,
was not intended to deprive the civil courts o
their jurisdiction in districts where the civi
Law has never been impaired. l. am chs,it-
able enough to suppose that even members o.
Congress would not wish 20 ovsrturn civil au-
thority unless the interest Of the African
could thereby be advanced.
But should not have ventursd to oppos.
my opinion to that Of the legal luminary o.
the Gazette, had Il not been that one Of th,
ablest Of our Iowa Judges thinks the civil 10 Y
YET suprsme. Stuart, OF this place. aud Lsf-
6ne y ell defended Knapp at Clinton Court
shall never forget Lsfiingwsll's argument
when be made the point that only the mill.
tary tribunals had jurisdiction. All that eoxl'
| ha aai6 in favop nj h1a s,oeition ha n6va naad