New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-11-04
TuE sOLDYEKs, VOTE FRAUDS.
Gem M peemcns Of Col. Norsh'- frsui- HIS
Counsel Objects 80 the Jnrisdi'tion oil
She Court-isepIy OF the Prosecution
Another Important Arrsss-sey 'hsar .
Agents i'm the Navy.


Gov. Sevmours Commissioners having leit ioT nome
Messrs Gillette and Mcpherson appeared for the ac
,used who pleaded mot guilty" 10 The charge OF &c
f.uding United States officers and soldiers oil tbeH
electoral rights Mr. Gilett pleaded IN very 'eng'h!
argument that military court had 10 night 10 NY
breach o. New-York statutes. The ofense charged
was violation Of New.York law. No United States
law was infrngcd This court had no competent jufls
diction and he claimed the right 20 have hs chehis
sert 10 New.York and there tried before tie proper
c.vil tribunal.
The Judge Advocate rol'iei that n military tribunals
Rave no power any bu military persons the court
had no jurisdiction innumcrabc cases among them
,ucrrilas and traitors. In Sar times there are war
powers; and the greater portion Of the CONSTITUTION
which was made for peace tines TO which statute Ia"
is sRbscr,ient remains in suspense as was held by
ne Supreme Court Of the United States in the
case Of Mott against Berdan. Gen. buFn>ide
issued an order which Mr.. Va1andichun violated.
Mir Vallandighsn vas arrested. tiled and convicted
He applied for writ Of eertiofarl IN The u'e" 9'''s
Circuit Court and refused because the Court had
no Jurisdiction in the in times Of war ei'i ill9u
nails are displaced by military tribunals II u be deemed
.xpedent and tie powers which may be conferred on
military tribunals Vested in the General command
ing Officers and soldiers in the service Of tie United
States are entitled to is protection IN he present
case the crime Of defroarg officers md soldiers Of
Their elective franchise committed IN the District
oi Columbia, in Tie FIELD and Jo,;esi, Should come
before a military tribunal.
The Court was cleared for decision. when Ii ad-
iorrned until tomorrow at o'clock for ;hc purpose Of
giving the counsel fer the defense Tlo plo.essed seri-
Gus indsposition an opportunity Of replying 10 the
Judge Advocate.
The impression prevails thot the prisoner counsel
design by datory acton TO prevent. II possible, tle
tiial from proceeding until after the election.
This morning Capt. j. T. Gaines, Of the Seventeenth
L. s Infantry, arrived here ron the 'front.' having in
charge Lieut. Col. Jos. Murphy. Of tie Seventh y Y
Artillery, Who it is stated is implicated IN the election
fanls BIZ signing the blanks. Murphy arrested by
order OF the Secretary WaT ana has been committed
10 ihe Old Capitol to await an investigation.
According 10 tie vote forging evidence 40 Baltimore
The Coppeheads were 10 cover their inquty by coming
cut in the columns of TIE Wo,d and cha gine precisely
the same actions upoD the Unorrmon Tae Vorid tried
tbs on Wednesday. charging the Navy Department
with sending o revenue steamer 10 take only Lincoln
Notes No boats whatever have been sent od foT such
sery ice by the Navy Department, much less revenue
vessels, over which the Department has DO control.
Tie stop-thief cry is anmasssl by official letter
received to-day from Capt Pcnnock temporarily com
manding the Mississippi Squadron indignantly pro-
testing against the psIzal cAicarCIy OF TWO Of Gov.
Seymoar's agents, named Michael McKeon and Hugh
r. McAiahon. who refused 10 take any other than
Mcclellan and Seymour votes from New.York seamen.
10 the Associated Press
WAsHHGtoy Thursday, Nov 3, ls3l.
The trial Of Col. Samuel North, the New-York
State Agent. and Levi Cohen and NJ ". Jones, was
10. 1ov I.fr 4ro fad Military
Commission OF which Gen. Doubleday IS President.
and Col j. A. Foster Judge Advocate. Mosss. II.
j. llette and j. D. McPheEson appear as counsel ior
tie prisoners.
In, a.. c.uarroI r~ioonsrs together Vi.h Reeve
ana echoeed arc charged with conduct pIcjudcia TO
good order and military discipline and Of fraud toward
the New. York State electors. in that n forged The
names o. officers and soldiers 10 what pupoted 70 be
ballots ofsad soldiers to b. used az TIC election to be
held OIL Tuesday next. They are also charged with
Falsely aud fraudGently issuiHg divers and suairy
blanks which purpOIted TO be signed by officers and
,oIdcrs in the military service Of the United states
authorizing certain parties to cast their votes a. tie
ensuing State and National election with intent 10 DO
fraud the true eector Of his rights.
Mr.. Gillette, one Of the counsel for tie prisoners,
pleaded 10 the jurisdiction Of the courts arguing that
the court had no jusdction-FIst, the parties
secondly over tie subject matter; thrOly, tLht Tie
matter no. within The jurisdiction OF the national
Government; f0urthy, that il subject which
tho national Government had never legislated; and
Lftlly that there was law Of the Federal Govern
uent authorizing the jurisdiction Of military for
tie trial OF any MOI III the military service Of the
United States.
Mr. Gillette argued that the Federal tribunals Lad
not in any way manner auttr.zcd the 'riai Of per
sons by a Federal Court FOR crimes committed ,ganst
tie Jaws Of any state OF StuCs. II the accused had
committed crir" Z was Crly violation 81 stat &c
of the State Of Ae%NoIk, q d consequently the til
bunals o! the United States had jurisdiction. II an
oAease had been committed it against the laws Of
NewYoTk and that same law pTesCrihes the penalties
and modes Of trial and punishment. II an ocise was
committed IN any othtr state against law OF
fhe State OF Ncw-I ok, under the EXtTnditlOD
law the party charged with RE crime is
liable TO b. taken 70 NewYork If the parties here
charged have not committed crime against the state
al New YORK, It must appear tirmguyey that tue
crime is against the statute laws Of the United
STATES II has been decided that there be Of
fence against tic United States unless II Is specially
made 50 by statute III s not ayelrcd that the prisoners
have committed an Oiense against the statutcs Of the
United Statcs. There are no Common Law OfeDses In
the United States aud II Is expressly ruled that what
gre Common Law Ofenses OF England not ofenses ]
against the United States No oiense, such az
created by a statute Of the United States and
consequently this tribunal has 10 jurisdiction Tic
court cannot assume the jurisdiction, for power
las been conferred upon IL 70 try cases.
and a cannot De arrtjgned when it is impossible 10
pu your finger Law designating the crime. What
would be the effect this court assumed 20 execute The
laws OF the State Of NewYOrki Would acquittal or
conviction stop the mouth or tongue OF Justice in New
York win this any other tribunal assume 10 de-
priye New York Of vndicating her lawsi II mat
tiers not what the decision may DO heres the State Of
NewYork demands tie offender, II there is one, and
persists on receiving lin. IL is The justice OF Now
York that must Oyertake these II they have been
guilty il any other tribunal tries them what is tie
measure OF punishment for themf In all laws there is
.... a. +