The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-09-16

trial or Miss Kmma LRtimeF.
The Commission met pursuant 10 adjourn
ment yesterday, and the counsel for IA
prisoner submitted The following argument
The accused through her counsel pray
permission % submit Tor the consideration q
the Court a few remarks upon the caus
now pending before them.
There are two charges, specification IN
der each ehsrge, which the accused is re
quirsd 10 answer.
Pirst-Disloyalty.
Uuerihg REASONABLE Language.
To each charge, the counsel could have de
INJURED Bnt he well knew the estimation
ia which Military Tribunals hold demur-
rers, and how utterly valueless they are "a
q defendant before these tribunals. He
could have maintained that the first charge
was not sgainst any government and person,
or anything, and would apply just as we'll to
the Fee Gee Islands, or the Chinese Empire,
to Louis Napoleon or the Emperor Of Bra
I'll, az 10 the Omitted States Of America.
he could have further shown that there
disloysl, that it is the creation Of no statute
aud has DO existence in the Common Law.
That the specification could not 90 beyond
the charge and attach the meaning of dis
loyalty TO the United States Government by
declaring that "Miss Emma Latimer tore
do~n and trampled under her feet United
States dag, raised on the Attn of July, 1865, "
iahonof Of sGmniversary That the charge
itself being radically and fatally defective,
could not be rsmedted by the specification.
To person Of active, perhaps, morbid
imagibatien, this might appear violent,
sIasmodic effort TO charge treason by syno-
Hyms, aud that there is now inaugurated a
new and complete system Of jurisprudence
which is confined, in It's wonderful wisdom,
TO the absolute creation Of synonymous
ohensgs, amt the necessity Of its existence
arises out Of the unfortunate silence Of the
Statutes, the comman law and the consti-
tution GA al such offenses; and that this
system has its own rules and forms Of plead
ing and practice, and It's own mode Of
sdJudication and execution-that this is
Civil War Law.
To the second charge il could be main
ts,ued that there can, in law, exist no such
crime as reasonable language The Consti-
luton Of the United States defines treason
60 be IA act and not word, or lroras or Ian
guags; and hence the specification Of this |
charge, stating that Miss Latimer 'threal- |
eued 10 tear down and burn the dag, etc, |
vill meet at once with the fate of the FIRST |
specification.
But if ii should be decided by the Court
that the charges do set forth crimes upon
which the defendant can be tried, then the
defendant can rely upon q plea to the juris-
diction Of the Court Because il it Is trea-
son, it is capital, and If capital the Amend
ment 10 The Constitution OF the United
States, Article V, declares that aNo per
son shall be held 20 answer for such a
crime, unless on presentment or Indictment
Of a Graad luTy;" and aeuin, Article VI Of
the same" Ia all criminal prosecutions,
The accused shall enjoy the right TO a speedy
and public trial by sn impartial JURY Of the /
State or District wherein the crime shall /
have been committed"
There is United States District Court
which holdsits sessions within four hun
dred yarda % This court room. In This Die
trict Court there is regularly cmpannelled a
grand Jury 20 inquire into all ofrenses against
the United States Government, and a ira
verse inry e. tfy al indictments or present
ments returned into court by such grand |
Jury. This courtis not such court aud / /
mean mo- disrespeat 30 amy person when |
state the fact that not a solitary member Of |
this Commission is a citizen Of this District |
or State, and the order converting this Com |
mission does not even enanaie from n citi- |
zen of this State or District The army has |
NO jurisdiction save over its own soldiers or
persons directly offending against il. Miss
Emma is not q member orthe United States
Hrmy-wss uevera member Of the rebel
army. She is BE- only q school girl. II che
has committed any ofiensc at all ii is against
the United States Government, and that
Government has provided competent civil
courts for the trial aud punishment Of all
offenders against il, What right, then, has
the army of the United States, which was
called inio being solely for the purpose Of
beating the aruiod foes Of the Government,
30 organize courts whose province shall be
TO exercise Judicial functions over female
minors and infants.
But IL the commission should decide that
the crime Of treason Is correctly charged,
aud that they have jurisdiction ofthis cause,
then the accused can defeat the prosecution
with o. single line from the Constitution Of
the United States, Article III. Section 3.
"No person shall be convicted Of treason
unless on the testimony Of two Witnesses 90
the same overt act and the prosecution
has produced bat one witness 90 such charge.
But If the accused should or could voluuta-
uly rehuquish all of her rights and privi-
isgci, the prosecution would not then be
Capable 70 producing conviction ia this |
cause We, therefore, now propose 20 con-
H'aer The merits Of this controversy. What |
o''' 'He proof dscloseg That at the resi- !
quiet peaoeabie respectable citi- |
zen Of Eageheld, there boarded four clerks
OF the q"aF'ermas'er's department.. whose
nsmes are tppondod 10 the charges and !
specifications of This record 1,.,l. ~.
John D. Ro3gcrs. W. p. A5s,.. -, M n
Ltteu; that uukind feelings s,,r,p,- ~, n
tween them. or some Of th.,,, 81
the family OF Mr.. Latiu,,r. a..
they couspired and combined -
Tor the purpose u hlighting and blasting N.
happiness of that family; that the iu,,,.
date victim chosen for this sacrifice Wa.
young, lovely aud beautiful daughter an.
JOY snd pride Of a gray -haired father,
heart, the solace and comfort Of a foad ana
doatiug mother, aud the companion Of
LOVING sis'er-a school girl, generous, i'm
Pal'i's, thoaghtless, artless; who on ac-
count u her age could not prosecute or de-
lrud "a civil suit in her own name; who
''ai' h"' nsse legal contract for paper
"' s'slns nesdles; whose promising note
"e"'a impose upon her t.. l.,,l .,,,,,.,,i,,,,.
"'' enter into Go civil contract for
' 'f sale OF any de.rrirt;o, Of
P''F''H whose i0ngaogs h.,,..,-.,.,...,-..,..-
'""''o'' against any iudfy,s..., -,
10 aeHonahle, -Four s,ra ton, '''''
bic relaxation from The CO SKA
their empluymehi IN deyisi,, n e'''''' o.
means Of tearing this child fr,,, -. Hi''
ether father's family, nom the. BOSOM
aud inesrcerating her IN Inv repit.r,.. .D''''
How easily, handsomely and -.
they accomplished their pgrpo.ei NJ.
carefully they concealed their a..;.,.
their enmity TO the family until aas, a.. ~
have succeededi How jubilant tbe,
come over their success, and how boss,f,,-
they paraded il before the neighbors s6s- Z
las been achieved, and that, too. while m.
gIi Wa' in the peiihen,iar,, lone and desc
late feeling that her young life was fo-eve
9'fksnea, Spa vAns the hearts Of he
parents sas fnsrNGs Erang Hllhsuguaisl