Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1865-05-25
THE TRIAL OF THE ASSASSINS.
THE LEGAL QUESTION.

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THE LEGAL QUESTION.
The trial of the assassins now in progress
at Washington, is the theme of every tongue
and newspaper throughout the country; and
it is to be expected that some erroneous opn-
ions will be formed and expressed, while at
the same time they are honestly entertained
by persons who are not altogether qualified to
form a correct Judgment in the case.
Among other things it is allcded that in
asmuch as Booth the principal is dead and
cannot be tried therefore the accessories, both
before and after the fact, cannot be tried and
convicted at ALL Such an idea is not only
erroneous but pernicious as it tends to throw
doubt over the justice and legality of these
trials while at the same time it wcakens pub
lie confidence in the integrity and judgment
of the court itself IF Booth were alive and
on his trial for the murder of President Lin
coin, nothing would be necessary TO his con-
viction but proof of the murder and that
Booth was the murderer. In the trial of his
accompliccs, nothing more is required. The
death of Booth. the principal, cannot in any
manner shield or excul pate his accompliccs
from trial and punishment for the parts they
severally acted in that terrible drama
The counsel of the prisoners now on trial,
have objected to the jurisdiction of the Court.
and allege that the accused ought to be tried
before civil tribunal. This is nothing more
than q repetition of the cry that was in the
mouth of every rebel at the commencement of
the rebellion. The authors and aidcrs and
abcttors of the rebellion, who were then, from
day to day. in the bitterness and wickedness
of their hearts, denouncing the government,
and speaking and practising treason. to the
utmost of their power, declared that they
were not amenable to military authority for
anything they did Or might think fit to do
They even declared openly and boldly that
there was no government. They denounced
President Lincoln as a tyrant and usurper,
and huzzahed for jeff. Davis and the Southern
Confederacy They mobbed the troops in
Baltimore and trampled on the flag of the
country. For all this they claimed that they
were not responsible to military authority but
if to be tried at all must be tried before civ
il tribunal. They claimed to be civilians,
who could not be tried by any but civil tri-
bunal, and that military law applied to per,
sons only in the military service. This rebc
pretension is at variance with the practice o.
this and every other civilized country. Spe.
in time of war, are generally civilians, bu
they are always tried by military law, bcfor;
military court. The assassin of the Presi
dent has deliberately murdered the comman
der-in-chef of the army, and has committee
! the highest crime in the catalogue of miltar,
offences. Ought this man and his accom-
plices to be treated with greater clcmenc
than a common spy? 1fso, on what grounds
; Conspicuous among the counsel for tn
, conspirators stands the Hon. Reverdy John
$ son, Senator of the United States fro,
u Maryland. A question was made by men
u Der of the Court whether Mr.. johnson ougi
. to be permitted to appear in the case witho,
i taking the oath of allegiance. The recolc,
u ton of Mr.. Johnson's letter, written ON Il
y eve of the Maryland election last fall wi
u still fresh in the memory of the Cour
y 1t will be remembered that i'll that letter
d stated to the voters of the State, that the oa
t. required by the new Constitution of the Stat
Is as a condition of their being allowed to vot
IN was unconstitutional and void and that tn
OIL ought not to regard it as binding on The
OF consciences Such an opinion coming fro
IT such a source, was all that was wanting
+ quell the scruplcs of the disloyal portion
nc the voters, and they accordingly took the GA
~ and voted This letter gave serious oRer
Id to many of the former friends of Mr.. job
u son, who have never forgiven him to
Sh present hour. They thought that he ous
II, not to have volunteered the influence of
'iu name in such manner, to the prejudice a
ur the peril of the State. Iadeed the tenor
re. re. the letter was in perfect harmony with \
''' Johnson's well known proclivitles in favor
10y the slaveholding interests in the State
DC must be allowed too, to be his own judge
duty @his professional engagements as la
ers yer, but his asseverations of disinterostedn
The as the advocate of Mrs surratt will not shi
ow him from the candid judgment of the pul
ed or add any new laurels to bis professional
mt --.at;o,