Evening star. [volume] (Washington, D.C.) 1854-1972, 1864-11-03
CHARGE AND SPECIFICATIONS


The court having been opened the prisoners
We're asked If they had any objection to any
member OF the commission, and they ans wer-
ing In the negative. the ease was proceeded
with.
Judge Advocate Foster read the following
charge and specifications:
Charge and ,Speeifcattons preferred against
samuel North, LeUi COhn, ". u. Jones'
ReereS, and - Schofeld.
Chdrge-Conductp rejudiciai to the military
service OF the United States, and in fraud Of
the electoral rights and duties Of the soldiers
and officers IN said service.
Specifcotion-1n this, that the said Samuel
North, Levi Cohn, NJ. NJ. Jones, Reeves
and - Schofeld being ostensbly author
ICED as the agents for the State OF New
York ter the purpose of receiving the votes of
the soldiers OF the United States, electors of the
state OF New \ ork, at the general election to
be held on the Sth day of November, 1861 did
falsely and traudulently sign and cause to he
signed, and did falsely and frauduIently issue
and cause to be issued, and were accessories
before the fact to the false and fraudulent sign
Ing and issuing divers ana sundry blanks
made under and in pursuance OF chapter
York, passed April 81, 1861, entitled
IAN act to enable qualified electors of the state
absent ihere1rom and in the military service of
the United States in the army and navy there
OF to vote" such blanks purportinc tn have
neen signed by an officer now in the service of
inc United States, and to have been
signed by soldier in such service, and now
absent from the State of New York, an d to have
been witnessed and sworn to by SUCH soldier
and witnessed liz the presence OF said officer
and being intended to be transmitted to the
. State OF New York for the purpose of trans mit.
ting the vote of the soldiers signing the
same to his proper attorney, to be
used at the general election to be held in said
Slate on the oth Gay Of November, 1864; all this
Delng done Dy Said North. Cohn, Jones' Reeves
ana Scnonelo, with the intent and for the pur.
pose OF having such blanks so signed, used
DIS s ana Ior the act and deed OF the real soldier
whose napie purported to be signed therato.
ana IN ira I'd Of the right Of the true elector
All TINS the District Of Columbia or its vi
cihity, Curing the month of October, 1854.
~, OPENING ARGUMENTS IN THBCAsE.
.. - accused parties having been called upon
70 70 plead to the charge and specifications, Mr..
ue., one OF their counsel, said
IN behalf Of the defendants now plead to
ne jurisdiction Of this court, denying that it
nas any jurisdiction First over the parties;
second, over the subject matter; third because
~ is not within the jurisdiction of the National
government; fourth, that it is a subject over
winch the National Government has never
!sgislated; fifth. that there is nc law OF the
~ ational or Federal Government authorizing
lhe Institution of this court, or the trying OF
citizen who is not in the military or naval
service OF the United States, for any offence,
ne not being spy from the enemy. l deny
that the Federal tribunals have, in any way or
manner, by any authority Of any description,
under the Constitution of the United States,
authority to try persons for crimes committed
against the laws of the States. That question
has been adjudicated and finally put at rest
in numerous decisions of the Circuit Court
Of the United States, and by the dec,slons
of the Supreme Court Of the United Stases.
The only act purported to be viola.eo mere
Is statute Of the State OF rev 1olk.
And claim that under these DECISIONS, inc
United States tribunals, either civil OF mntary,
ave NO jurisdiction to try the qoesuon. Kan