The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1864-11-11

administration of the civil code may be sus-
pended for any cause. The law making power
has exercised the authority given to 1t by the
constitution and has established such military
code and the officers of the army and navy in
the exercise Of their powers under that mill
tary code are as much restrained by Its spirit
and letter as are the civil officers by the spirit
and letter of the civil law.
Civil courts derive their powers from the
constitution and the statutes of the United
States: military tribunals derive their powers
from the constitution and statutes of the
United States. II civil action be instituted.
or Criminal prosecution be commenced in a
court OF the United States, the court must find
in the written law of the land an authority
for its assuming jurisdiction. If the suit be
one exclusively within the jurisdiction OF a
State Court, or if the crime charged be crime
agains: q State and not a federal law. the court
Will refuse to take cOgniZance of either, be-
cause the Jurisdiction of the court is plainly
defined by the written laws of the United
States
II a military tribunal, re-organized under the
military code, be erected in State, county or
district where the civil courts are in the free
and unobStructed exercise of all their legal
functions, such tribunal can have and exercise
no jurisdiction of cases civil or criminal not
| arising under tho laws concerning the military
or naval forces of the United States Desertion
| have Jurisdiction OF treason, and the man may
| be prosecuted under the laws of the United
| States in such courts; but the military code
| gives to the military tribunals jurisdiction of
the offence, because it is a case arising in the
military service of the United States The
| guilty party is amenable to either code, may
be prosecuted to execution in either tribunal,
and that without violating any laws, because
| the law gives to both tribunals Jurisdiction of
| the charge. The Oiiense is one against both
the civil and the military code, and made so by
positive law. The military as well as the civil
tribunal has jurisdiction of the case, not be-
| cause OF any inherent powers they possess,
has been conferred upon them by the laws of
! the United States.
| A remarkable case involving the Jurisdiction
! of the military and civil courts has recently
arisen, and is now pending at Washington.
| The Legislature Of the State of New York, by
virtue of provision of the Constitution OF
| that State made provision for obtaining the
votes Of its citizens who may be in the army.
1t authorizes soldiers to prepare ballots proper
| ly endorsed with their names, residences, &C.,
which ballots were to he sent in an envelope
| with power of attornery to such persons as
they may designate, and the ballots 80 sent
were to be cast on election day in proper pre-
| cincts.. Numerous agents were sent out, and
many Others volunteered to visit the army and
seek the suffrages of the soldiers. As was ma
| tural, base men resOrted to frauds; the govern
| ment through its detectives made up cases of
fraud. is hired men to forge ballots, pow
ers Of attorney, &c, and then when arrested,
| to confess the crime and swear so rs to benefit
| the administration party. Some of these par
ties accused OF forgery have been placed for
! trial before military court, and the question
has arisen whether that court has jurisdiction.
The law authorizing the soldiers of New
York to vote was passed last winter; it pro-
vldes penalties for frauds or attempted frauds
under it; and provides for the manner and
form of the trial of the parties. The persons
arrested, II guilty, deserve the severest punish
ment that the laws may permit but they are
entitled to be tried in the manner and by the
tribunals designated by the law which they
have violated. The crime they have COM
mitted is a crime made SO by the statute of the
State of New York, and is not crime against
| any other law. The guilty parties have forged
the names Of certain soldiers of the United
States, not to obtain money or otherwise de-
fraud the United States, but to commit an act
which the law Of New York, and no other law,
makes crime. 1t is not an offence against
any known law OF the United States, civil or
military; 1t is not case arising in the land or
naval forces the accused are not in the mill.
tary or civil service of the United States.
The court has been appealed to that it may
refuse to take jurisdiction, but the agent of the
government insists that it has Jurisdiction be-
long to the service of the United States and
| the military tribunals have jurisdiction over
all cases of offences against the persons or
privileges Of individuals in the military ser
vice!
We suppose that the appeal from the iuris-
diction the military court will be set aside;
military tribunal a year or TWO ago refused
to convict prisoner because they had no ju-
risdctiOn over the offence charged, when the
Secretary of War Immediately dissolved the
court and appointed new one, composed of
men who were elected because thev would
obey orders to take jurisdiction. This court
has doubtless been selected to take Jurisdiction
and it will obey orders. But the decision of
court while it s final until revised. is neverthe-
less open to criticism, and we venture to suy-
gc5s that it will be extremely interesting here
after to have military court in session in each
State, to try criminals under State laws with
out judge orjury.
If Deacon Bross In his paper should publish
q libel upon any person in the army, Deacon
Bross cannot claim a trial by jury or before n
civil court, but must bc tried BY court mar
tial. 1t is true his offence will be against the
laws Of Illinois, which secure him trial bv a
civil court and by Jury, but under the new
doctrine military courts have concurrent juris-
dictiOn with the civil courts not only for
offences against the United States civil and
military laws but against the laws of each of the
States. A man who fOrges the name of SOL |
der to pron1lssory note, is guilty under the
lsws OF this State of high crime, and under |
the new doctrine, a military court sitting in
any part OF the United States has jurisdiction |
OF the offence and without indictment or a |
trial 10y jury may convict and sentence him to !
DC SHOT hung or otherwise panished.
We think military courts, if they would at |
tend to military matters, and let State courts |
attend to the prosecution of offenders against
State laws, would haze as much as they could
possibly attend to honestly and legally. If the
inal, not only of the United States, but of the
several States, is to be assumed by the military
tribunals. why does not the government have
law passed or st least issue "proclama
tion," announcing such to be the law? Why
take Jurisdiction without warrant OF law. and
In defiance of all law. when all the government