New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-08-27
LAW uNTELLXCENCE.
UNITED STATES COMMISSIONERS COURT-Aus \
Before Cop,missiouer OSBORNE

UNITED STATES COMMISSIONERS COURT-Ays n
Before Commissouer OSBORNE
THE CASE or THU METROPOLITAN BRCORn-
MULLALY DIsCBA8GBD.
The United States W.. John Mullaly. The
Commissioner rendered his decision this morning q
the charge made against the accused Of melting "oBs
Seymour and Others to resist the draft As
accused The following is the opinion Of the CONNIE
siOner
As the charge against the deendant is confined TO a.
coursgng coqnsclng, and melting resistance 10 tSs
draft feel indsposed pass al any great length On
other questions which suggest themselves In the sr
animation OF this case and which are OF great national
Importance to the people.
| Tho articles referred to- and upon which tho CON
plant based are severe and outspokon against tie
forcbls policy which the Administration has adooteI
ia meeting aud confronting the action Of the Southern
States on the question Of State sovereignty and the rsa
10 secede from the Federal Union
The tendency aad tone Of the articles are In Opposi
ton to the dre ordered by the President Of the United
States. but whether as criticism the wisdo m Of
such O measure 10 be used es n means of mower Ia
strengthen the hands OF tho Executive In bis eoItz u
overcome the rebellion. ard reGstabsh the union of al
the states or as an nammatOry appeal 10 the people
TO resist aud defy the Executive in bis efforts TO enforce
the dIatt SO ordered. is squeson 10 be decided from
the general tone and character Of the paper edited
by tho defendant The liberty OF speech and Of
the press Ia sacred right vouchsafed to az
by the character and spirit OF our form
Government 1t is the right " the people 10 discuss
and crcise the acts OF public under the SHIELD Of
tue Constitution 0nd he who studies the Constitution
aud seeks diligently 70 understand the groundwork u
the Government will In every word aud letter the
freedom of mind that conceived t. and thu sarsssness
OF purpose that constructed it License Of speech TEN.
pered with love OF country can never be wrong. I'm.
guarded passions stimulated by fsctonL prejudices,
often overlap the boundary line OF lawful prerogatVe
and produce nischefs which OF treason and dis
loyalty when the motive power back OF all this frenys
1t were rests securely on the supports Of mature and
we-iixed judgment The opinions expressed by the
defendant ia the articles referred " In tho
are clearly adverse to the views and sentiments Of
majority Vi the people Of tho North and Ia earnest OPP
position TO the policy and measures OF ths
Administration in carrying the war. The
defendant advocates peace end state Sovereignty and
grows eloquent in his denunciation OF the EKeegvs.
and is unsYarng In epthets against bis power II oan
not he denied that such language tends 10 embsrraxs
and distract the plans and measures Of toe Administers
ton creating hostility aud ennity aseins Gil public
acs which f0p from the Executive head OF the Govern
mrnt and which are intended effective TO
~ the policy Of the party in power In suppressng
and oyerturning the rebel enemy which Las Dsrshsed
and ia still marshalng his forces in defiance OF conssn'
tioDs law and tho military power VI the government
Now the question arises. has citizen The riSns TO thus
mpugn the motives OF the Administration. or does NE
safety Of the nation license such Wholesale apube against
the President in times Of war when tie Bce force VI
the government IL taxed 10 mHlftaE r- 79s snd
preserve the Institutions entrusted {" "lr cgr5 am
Inclined 10 think tina, such liberty 81 eooh wder suoh
circumstances is unwise and inpotc. sI4 It's lsssoa
1t teaches should be carefully ansiy<sd
l Tho Constitution makes the PTcsCc' the Command
ernC hief OF the Army and Navy. ali congress has In
vested him with discretion " make use OF tne military
power where in hs opinion. the public safety requires
It, This stretch o. power in times OF war predomt-
nsnt and manifold and II the people conde IN tho abb
y and good fa of the Executive aud acqueSce In hs
policy he stands forth powerful engine 10 overcome
opposition and repe encr0achuonts upon TIE rights aad
liberties Of the people. But the admins ration OK
tha ioyernrest thus committed TO his charge. can
see no substantial reason Why citizens Should NOT
question the wisdom and tho propriety OF the
measures sought to be enforced ard the acts OK tbs
Executive discussed. There is limit but what TIA,
that limit is the manifest action OF the people w de-
terIninc / propose not 70 soy what The deiendaas
should write what u Is bis policy TO write In cres'
ing the acts Of the admin strton in the present emer
gency for that Is not the question before me- and were
Il before would here decide whether he has nos
made himself aDCnabe 10 some law OF Congress Other
than that under which be Is charged bat consd.
ernx the applied TO the violation OF the lay d
erro msnt aud draft decide the case on thai point
alo =. -, -
CONGRESS has enacted law declaring tina. II any per.
sou shsl resist any draft of enrolled under the Act
OF Congress into the service OF the United states Of
shah counsel or aid any person to resist any sloh d
&C. be shall be summary arrested By the Provost Mar
shall and De forthwith delivered 20 the civil arthortie
and on conviction be punished by hne and impfisoa.
ment The defendant in one OF tie articles remarsst
IL think it il tmo for the Governor OF the state TO In
form the Administration that there shall DO no mofY
conscripting in this State" &C. Let him do this and
he viii be sustained b. the two or three hundred thoe'
sand Of the of toll" &c. Such language Is an ad.
yisomept 10 the Governor, and does partake OF The
nature OF couusolDg him 10 resist tho dran-
The obvious meaning OF this part 81 tie article
II
.dgice tLus proposed 10 the Governor would be tbs
eoursc he would adopt for further on the srtcle ress:
In our own case would advise the people TO pre-
test through pablo meetings. and through protests In
the forms OF crcglGTs with the nni1es OF al who are o
posed 10 the conscTip;On. as an unlIst and tyrsao
{ measure appended thereto TEN s tie objectionable
LANGUAGE which the T. = District Attorney complains
Of ssd which ho claims Gomez within The meaning Of
the set Tie sentences arc lDg at the Executive.
and intended ~ sgmssse him rs deSpoti tie whole
Grtee il bitter lnyectNe. 10 TO speak. against the
h.s OF the Administration and rs policy Of war and -
uncoyers ITSELF 10 tho Tesders oiths newspaper.
Doubtless those persons who are influenced by The
Opinions OF the editor and have faith end confidence IN
tie business and propriey Of his conclusion are IN
measure made follower; "a Us pecAuss aud cGenies VI
the Administration.
Admttins that such 3 the tendency u the articles
referred TO- the sentiments the appeal bring the DE-
lfeudant within the contemplation Of the Act.
4 careful study OF The sections lave led me 10 The
conclusion that before any person can resist any dram
OF men enrolled into the VI the United Stses or
shall counsel another 20 resist any such dram. the dfi
must be actually 10 operation. drawing ths names from
the wheel and going through the no!G' gpoandi OF 'Ls
Proceeding II is true the enrolment Is completed. ~
being completed and the Provost arshas perhaps Fes-
dy T. graft the expiration Of the tine allowed o. tue
rr,Gcnt under his proclamation for the respective dis
tricts 70 TIL the quota aligned. St until the order
being actually enforced. cannot see row person can
commit the oaase Of essug the draft or counseanS
resistance the dreft IL is an operation o sei saa
al the stems t1n up " tho 9TH OF September are mos
prei naries 10 The draft decide that the defend .as
IS not properly held the complaint aud hereby Orief
his DISCHARGE JOaH A. OrBOkS. l.. y. Commissioned
President ~l.iuceln md General Frem"ns
Inyitsd ca Withdraw their Names as
a.