New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-09-08
CIVIL vs.. MILITARY COURTS.
Correspondence Between Secretary Stanton
and Gov. Parker OF Ncw-Jersey.
SECRETARY sTANToN's LETTEl

WAR DEPARTMENT. WASHINGTON CITY Oct. G, 1864.
Tohfs EIceieney JOEL PARKER GorerRor Of AsVJerssy
SIR: Private Timothy O'Donoghue OF the 9Th
unattached Massachusetts, Heavy Artillery. Is i'm
prisoned In your State, in the jail OF Hudson City.
awaiting trial for homicide inclose 10 you copy OF
report on his case by Gen. Holt, Judge Advocate
General and also "a copy of letter addressed by him
to me on the subject would respectfully ask for the
reasons stated in the opinion of the Judge Adyocaie
General and in ODonoghues letter. that the prisoner
be- RENTED To the military authorities Tor tral Inns
has been the course pursued similar applications IN
other States under like circumstances, and IN which
the request q the Department has always been ae
corded VIII you be good enough to favor me with an
EDWIN NJ. STANTON. Secretary OF War.
GOV. PACKERS REPLY
STATE or NEwJERsRY. EXECUTIVE DEPARrMfNr }
TRENTON Oct. Is 1861
Hon. EDWIN NJ STANTON, Secretary Of Wdr, flashing
ton, u. g..
SIN. have received your letter OF the 9th instant
asking that private Timothy ODOnOshne, OF the yin
Company unattached Massachusetts Heavy Artillery,
now prisoner OF one of tie counties OF the state De-
by nv order discharged from confinement and RENTED
/ 10 the authorities OF the United States.
II appears BY the papers accompanying your lelter
that t6 said ODonoghue being in the military service
of the United States while passing through tbs state
ON the 9th day OF March last AT jersey CITY shot cit
zen unlctlng wound from which death speedily en-
eped The military authorities did not take cognZlnoc
Of The oense but the civil authorities OF the county Oh
Uudsan in which the alleged crime was committed
| procured the arrest Of ODOnOghne. lie mas Deeh III
ticJ by the Grand Jury Of the County for the crime
of murder and il nOw by the order OF the Court Oh
over and Terminer, held in the custody OF the
sheriff in the Hudson county JAIL """i'"b 'i"i y"
the said Indictment -, WI, o.. M.
trct Attorney to have him discharged ana remanded
10 the military authorities Tor tTlal before
rial which motion was denied by the Court You now
IL me a. fine Executive OF the state of NewJersey, IN
effect TO order the prisoner 10 be taken out o the Gus
toy Of the Sheriff and from the Jufsdcoh0 he COuit
before which he has been urralgnei ana heiu LOT tl'
and have him surrendered TO the military authorities
have no right 10 interpose and no power to make
an order such as you request ~,
The executive and judicial branches OF the Govern
mani are entirely distinct and independent OF each
other each having its authorities ana duties clearly de.
fined, and should make the order. the Court would
very properly disregard II as an uhNalanteu executive
Interference with Its prerogatNe.
II the United States authorities are not satisfied with
,he decision of the Court of Oyer and Iermner OF
Hudson County refusing to discharge tue prisoner The
limited States Attorney can "a Ike measures to have the
decision reviewed by higher legal tribunal. The de.
cson Of the Court must stand untreyersed by It's own
action or by the action OF some competent tribunal Of
review. ,
am clearly of opinion that the Court shonld retain
the custody of the prisoner until he is discharged by due
process of law aud that the Executive has no power IN
the premises.
jurisdiction because If the Court erred ia holding
the prisoner for trial. have right 10 nerposei Dut
AZ the Judge Adyccate-General insists that the MINI
courts have exclusive jurisdiction OF the case anu 'o'
an commission TO notice such nsistment might oe con-
strucd into an acquiesccnce in his views, l I9em ~
prog.r to state that differ with biln ana thinh ,at
the Court decided the law correctly III ic'"'ius
charge the prisoner. -. -. -
am informed BY the prosecuting attorney OF tne
county Of Hudson that the Indictment VIII pc moved
for trial on the 18th instant. at WHICH o So, "
be- nroceeded with unless sufficient cause Tor further
pOstpOnement be given. d, .o.,,r. ,,,
For the reasons herein stated, respectfully decline
IN rer the prisoner RENTED 10 the military author
ties lam Very respectfully your obedlent servant,
"''' '' '' JOEL PARKER.