Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-06-19
rHE CONSPIRACY TRIALS.
Proceedings This Morning.
THE ARGUMENT OF HON. REyERDY
JOHNSON.

The Court assembled this morning at ter
O'Clock, according to adjournment on Friday
all the members being present.
The reading of the previous proceeding
was entered upon and concluded at hall. pas
ten.
The complete record of the Court proceed.
ings, as taken by MIR. Sutton's corps, looms mn
on the table of the reporters in two huge piles o,
manuscript, to the extent of $500 pages
The Introduction of evidence for the Govern
ment is not concluded, as has been stated, bu,
II is understood that 1t is mainly in.
Inc Court room Is not so much crowded to
day as usual, probably on account OF the ex
cessiyely hot weather. Among others present
there are four sisters of the prisoner Heroic
attired in deep mourning and sitting near the
prisoner.
Upon the conclusion of the reading of pre-.
yious testimony, Mr. Aiken rose and said that
on Friday when he announced that he would
offer the argument in behalf of Mrs Surratt
on tomorrow ne fully expected 10 be able to
do so. but that the evidence was so volumnious
that 1t required more time TO 20 overit He
would De ready, however, to go on at . o'clock
on Wednesday.
MIR. Clampitt announced that he was ready
70 ofer the argument OF Mr.. Johnson on the
jurisdiction of the Court, and he proceeded to
read the argument from printed slips in clear
voice, heard distinctly in all quarters of the
room. Some OF the spectators seemed to have
come win the idea that the plea OF Mr.. John
son would contain matter personal to some OF
the members OF the Court, but that idea was
speedily dispelled, il proving 70 be purely a
legal argument
1t commences by asking, has the Com mission
jurisdiction OF the cases before II. That cues.
ton, in all courts, civil, criminal and militia.
~, must be considered and answered affirma-
lively before Judgment can be pronounced, and
II must be answered correctly, or the Judgment
pronounced is void. Ever an in teresting and
vital inquiry, ii is Of expressing interest and
awful importance when er ror may lead to the
Unauthorized taking Of human life In such
case the Court called upon to render, and the
officer who Is to approve its judgment and have
ltexeCuted, nave concern peculiar TO them.
selves. As to each, res possibility is In yolyed
which, however conscientiously and firmly
met, Is calculated and cannot fail to awaken
great solicltude, and induce the most m ature
consideration. The nature Of the duty rs sucb
that even honest error affords no impunity
Ihe legal personal consequences, even In q case
OF honest mistaken Judgment, cannot be avoid
eo. Livery memser composing the Commis.
sion Will meet all the responsibility that he
longs TO it, as becomes gentlemen and sol.
diers
So far the question of Jurisdiction has not
oeen discussed The pleas which specially
present IL, as soon as filed, were oyerruled
but that VIII not, because properly it should
NOT prevent the Commission from considering
1t With the elaboration which its grave nature
demands 1t was Tor them to decide it, and az
TINS Tune fCr them alone. The commission
under which they Were acting does not and
could not decide 1t. If unauthorized, it is a
mere nullity-the usurpation of a power not
vested in the Executive, and conferring no
authority upon them. To hold otherwise would
be TO make the Executive the exclusive and
conclusive Judge OF its own powers, and that
would be to make that department omnipotent.
The powers of the President under the Consti.
tuition are great, and amply sufficient to give
all needed efficiency to the office. The Con.
veption that framed the Constitution, and the
people who adopted II, considered these powers
sufhcient, and granted DO others. In the minds
of both (ard subsequent history has served to
siren CITIZEN the impression danger to liberty Is
more TO be dreaded from the Executive than
from any other Department of the Government
So far, therefore. from meaning to extend its
powers beyond what was deemed necessary to
the wholesome operation of the Government.
they We're studous to place them beyond the
reach OF abuse. With this view, before enter.
Ing on the execution OF his office, the President
Is reg nired to take an oath faithfully to dis
charge It's duties. and to the best of his ability
preserve, protect and defend the Constitution
OF the United States" He is also liable to she
removed from office on impeachment for and
conviction Of treason, bribery, or other high
crimes and misdemeanors." II he violates the
CONSTITUTIONAL he fails to preserve it: and,
above all, II he usurps powers not granted, he is
false to his Official oath and BILE to be pdfcted
and con victed and to be imprisoned
To such an offence, his removal from office |
ID the necessary consequence. In such cou- |
tingency, '.he shall be removed is the com
mand Of the Constitution What stronger |
evidence could there be that his powers, ali of |
mem, In peace and IN war, are only such as |
tne Constltntion confers! But if this was not !
evident from the instrument ITSELF the charac.
Ter OF the men who composed the convention,
and the spirit Of the American people AT thai
period, would prove 1t. Hatred OF mon archy. |
mace the more intense by the conduct of the |
monarch from whose Government thew had
recently separated, and deep-seated love
OF Constitutional liberty, made the more !
Keen and active by the sacrifices which |
had illustrated their revolutionary career
constituted them people who could never |
De induced to delegate any executive au.
as to render Its abuse or usurpation almost
impossible. If these observations are well |
founded 1t follows that an Executive act be. !
yond Executive authority can furnish no de- |
fence against the legal consequences of what |
are done under It. Unless jurisdiction exists,
the authority TO try does rot exist, and what.
void. This doctrine is as applicable to mill. |
tary as TO other courts.
The question then being always open, and |
us proper decision essential 10 the validity of
us Juogmen MT the Commission must decide be- |
lore pronouneing such judgment whether II has |
ursdicton over these parties and the crime |
I'm puted 10 them. Thata tribune al like this has |
jurisdiction over other than military offenses
Is believed to be self-evIdent. That offenses |
defined and punished BY the civil law, and
where trial is provided for by the same law,
are not the subjects OF military Jurisdiction is
OF course, true. military, as coutradtstin.
guished from civil offense, must therefore be
made to appear, and when IL is 1t must also |
appear that the military law provides for its |
trial and punis hment by a military tribunal
IL that law does not furnish mode Of trial or |
afix punishment, the case is unprovided for
oAa 10 ioi 10 the power Is concerned, |
As to go unpu ished. But as either the civil, |
common or statute law embraces every species |
OF ofense that the United States or the States |
have deemed 1t necessary to punish, in all such
cases the civil courts are clothed with every
necessary jurisdiction. In q military court, IL |
the charge does not state "crime provided
ior Generally or specifically by any Of the ar
ueies OF war, the prisoner must be discharged.
tOBnen, p. 1851 Nor is it sufficient that the
charge is crime known to the military law.
lac onenoer when he commits it must be sab.
Ieet 10 snchiaw or he is not subject to military
Jur1sdlcuon. The general law has supreme
and undisturoed jurisdiction oy er all
The military law puts forth no sueh pretep.
sioh--it aims solely TO enforce on the solder
the additional duties he has assumed 1t con.
stitutss tribunals for the TRIAL OF brea ches of
ratlitory duty only % Brien 26-27. "The one
code tine civil embraces all citizans. vbs,hsr
soldiers or not: the other (the military has No !
jurisdiction over any citizen as such5,-b
The provisions OF the Constitution clearly
maintain the same doctrine. The Executive
has no authority to declare war, to raise and
support armies, to provide and maintain
navy; or 70 make "rules TOR the government
and regulation Of either force. These powers
ha or nm