The New York herald., 1864-11-05

Dano have yet been framed, yet told the trial
to procure witnesses for the defence shah Afforded
We can do no more, cxcett to repor. 10 your Excel
escy that such further steps may be taken by the state
as the occasion demands
AaHiA W. =. I 1LIAE, RASkEa' Commissioner.
WILLIAM KELLY,
WASHINGTON Nov. 3, 1864
Trial OF Colonel Nlrth. tho New York
state AGENT, and Mcsgrs. Cohn nnd
Jones, Before a Military Comm ission
at Waahingaon-rho Pleas OF Counsel
and Testimony OF witnesses, &c.
WAsHISGroy, Nov 4, 1854
The trial Of Colonel Samuel Norlb New York state
Agent, Levi Cobn and NJ Jones resumed this morn
ins before the United States Military Commission OF
which General Doubleday is Pres dent.
Mr. Gillette. for tho defence, Replied s pleading TO
the jurisdiction OF the COURT to the argument OF Judge
Advocate Foster. He held that Dorr case in Rhode
Island and tho vllandgham case, both Of which were
reerred TO yesterday by the Judge Advocate, were BY
no means similar 10 the present There
senbance between the OF Landqham and that Of
Colonel North and those charged with him. Mr.. Gillette
then proceeded TO cambal Colonel Fosters argu.
ment that lin time OF certain provisions
OF the constitution, which OF peace,
were necessarily suspended" Tho extent OF the
suspension had nothing do with the question before
the court The learned Judge Advocate told the court
that the duty Of the government TO protect the
souleTS against tTauu 10 all tner rgntS. IL Wa6
right Tor the 10 protect the soldier in
top 10 all his rights far they sprung his reIA
t,on to the government a soldier The soldier, how
does not vote by virtue Of his relation sodie1
The right 10 vote Is relation sprngng out OF local a
Of state. II u the right OF man as citizen, not as&
soldier Tho government may properly have laws pES-
venting the sale Of liquor to soldiers. and preventing
from Inducing them 10 cell their clothes arm$
but IL has authority 10 war peace, to attempth
supervision coutrO Tighld Therefore
tie State OF New York, as commouweai&
does not give tho general governments control ov
such RI hss. II in this Case crime has been mmte
Is against the civil right The soldiers aud against
law Of New York, and remedy Is TO be found under tn,
LAY ot thai state namosr q authorities were read u
tt)n 70 criminal matters which Could no rssorsd ~
this aud similar that the United states ira
taie laws OF the Safes and that Jurisdiction
except suoa as vas given BY tho power creating the
March g. Ises ana argued from il that Congress itself
directed a. what snoud o. done with prisoners
ow are the accused prisoners II military character
they were not IN the military service. cid tho fact OF
their est Imprisonment them subject TO The
militlry authorities? Il s clear that the accused
either State or political prisoners II they are political
prisoners, then this tribunal has Jurisdiction
them. Besides State and political prisoners, there
purely military prsoners and 10 over such sny that
this military commission have urisdiction The case Of
Mr. v.iiandgha which Dad been referred to, der I'd
from this case IN that Mr yalsndsham violated krown
law which had been published and The Of
tie v,oaton Of which were well known to bm. But |
Coione North aud those charged with bin knew
Law that could arrsian them before military tribunal
II there such las It posi- faco, and conse-
qicntiy, unconstitutional and void. |
Col kester In iy again reerroJ TO the Vslapdigham
and said the Cncd States CHcu. Court Ohio
fused TO grant Application for habeas corpus for two
resousnrst that they had no power TO review the de-
csions Of military court and, second that such mill
tary had exceeded jursdct on Col Foster
sons had 70 ye.d 10 tho safety Of the whole pc pie
Even In the OF Private property be seized for
tue public good, aud sha be said thai greater power
is conferred 10 lime otwarf II Is apparent that Con-
gress unlimited powers 10 declaring and carrying
od. ss IS wa %. 10
war; when the reace powers Of the constitution conflict
way 70 the latter The President may Win |
perfect legality use extraordinary powers and such
may 70 him best, In conducting the war ana he
must, 10 accordance with his Of once do ali 10 hs
power to bring the war 10 successful termination. n
% ,ss wsy 'aa S as
tutsd Colonel toslor aeo referred again 70 the Dorr
esso, In Rho Island and argued from that The war
s ss'r. i war ;ss Il. Sy IN:
ures. Cooue Foster continued BY arguing that the
rcus authorities 10 sappor. Of his argument. II the
runent Of the counsellor defence wsro correct, then
eIcsp, BY regular Indictment By . grand Jury |
aud ,rial before = ps.i. Jury, In in ths Ae1i- /,
sod ross. sse Statutes @ sss United sas 20 sssxs
We're Cold bs said that this action was nsgAt Aud
ewing %n;ss w .';. "a: q
dsns, 10 J.n.ly iat ordered military ccmmMson 10 |
SrosgSs tore ~ THIS case Samuel sorS and S.SeP
was scnt 20 this commission by the appellate power
stip the court ard consequently this commission has no
authority 70 say They have no uFsdicoo IN this csss
for the ursoit has been given by .hs Judge Advocate
General n there s orssnised band TO dsiraud the
soldier Of any Of his rights, has not military court
the right try those vao sw,nds tho soldier o, his
bounty or wh, dsprvs him Of any Of hts rghtsf u 's
always crime 10 dsfraud ss'der and tbs sovsrnmsus
must take the sodlers interest hand rhs Judge Ad-
vocate denied that the crime charged against the
the indictment Of any who committed the crime |
outside Of the State. In which county d the State d
o.",y misar, court 4 The proper one . take oosul
saacs q the case for Vie crime charged We one ssan-s
Sr.et ar cusrse q The military sushcss,s:
Ins court here cleared, and sbs oommssion ever
ruled the 70 the urisdictca asd also decided that
Cocusl Foster asked shs render Judgment Of
guilty The defendants eould have put any plea thcy
pleased thsy had cnosen 70 pnAd 70 the urdcioa and
must abide ths ccassQuesces.
Mr. Gillette considered shs demand q The Jadgs Advo
jursdo,ou was nos an unusuai thing II he dsfspcs
had demurrsd, then the Court could decide whether
that because psa ,olhs urisdic,on bas NOT bssn
tanned, the accused c.nuo be s'ufrcussd with .hs W.T.
Cur, has simply decided hs. the against the
jurisdiction wss not good the disposed Of
w.nou. hearing, would u have the effect Of putting
oopsl Foster n reply. said the point in this i
soSno wedses the fact charged ana i. 10 purely matter
OF favor 10 allow the defence then 70 plead 10 shs merits
rne denied the motion Of colousl Foster and
prisoners "a turn entered the plea Of ues guilty.
Mr. ncPherson moved that the accused be severed ana
~ arste trials be granted them.
The motion denied.
Mr Mctherson then moved .hs, the Judge Advoes,e
elect whether he WI Try the several parties 40 prnc-
Pss or ~ a.cessos,cs; they could nos be both.
Colonel Foster said he would not amend bis spseinca-
tons. iis would rot consider the parties rncpss or
accessoree but would try hem the charges 40 set
forth 90 te snec'lnations Tue charges we're uot drswn
~ AZ 40 indictment common aw, bat as such papers
arc usually dftwn IN proceedings before military cnurts