The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1865-01-25

following grounds is, io.wit:
First. That the Civil Courts Of the
United States in the Northern District
CT Illinois are now end heretofore have
uniformly been open, and wholly unob
structed in the administration of justice
and their loyalty and fidelity in admins
tering the laws, aud unfolding the au.
thority of the United States, uDques-
toned and unquestionable. And this
defendant, not being nor having been in
tho military or naval service Of the Uni.
ted States, nor in any other position
which subjected him TO The rules and ar
ticles Of war, or the authority Of a mill
tary tribunal, is ameuable solely, if amen
able at all, on the charges and specifca-
tions herein preferred, to the authority
and jurisdiction of the United States
Courts of the Northern District Of ILL.,
nois, where justice can be administered
'mparhaHy and according to the laws of
the land, and where the accused can, by
legal authority, require the attendance
Of witnesses on his behalf, and have an
opportunity of testing the veracily and
credibility Of the witnesses against him,
by a fair cross examination.
Second. That the o%tfenses set out in
the charges and specifications being ad-
mitted not to be infractions of any of
the rules and articles Of war, and clearly
and unquestiouably falling within the
provisions of the act Of Congress of
July, 1861, providing for the punish
meut Of sedltiou' conspiracies against
the authority of the United States, in
civil courts alone, this tribunal can not
have a concurrent or conflicting juriSdic,
tion to hear and determine the same
And as it is admitted that this tribunal
can not try the accused Tor any violation
of either the rules or articles Of war, or
any criminal statute and as the charges
preferred One distinctly within the pro.
visions IF the laws of Congress mention
cd, this tribunal can not legally take COG
~nizance Of the case.
Third. That the Cd section Of the act
Of Congress Of the Sd Of March, 1868,
authorizing arrests by the military au.
thoritics, has expressly and imperatively
required that in all such cases Of arrest
as that CT this defendant by the military
power, in States where the administra
ton of the laws Of the United States in
the Federal courts is uhimpaircd, the
persons arrested shall be turned over to
the civil courts Of the United States for
prosecution by Indictment and trial &C.
cording to law, And the proceeding be.
fore this tribunal in this case is directly
and palpably in derosation Of this law Of
Congress.
Fourth. 1t is conceded that this Mill.
tary Commission is not authorized or pro.
vided for by the Constitution or any law
Of Congress, or by the rules or articles
of war, and that 1t has no authority to
try any case cognizable by . Court Mar.
tial or which can be tried in the civil
Courts Of the country, o 70 there ary
law, usage or custom prescribing what
punishment, if any, shall be inflicted by
this Court. But this tribunal is claimed
to be an incident of the war power and
to be founded in tue usage and customs
Of war. 1t is confidently asserted, how.
ever, on behalf Of the defendant, that
the authority of this tribun, j which has
never had the sanction OF the laws of the
country, is wholly unwarranted by any
usage or custom Of war except with the
army in the field, when removed far be.
yond the sphere and jurisdiction of the
civil tribunals. Benet, a regent author
on military law, says on page Is and l6
Of his work, "civil offenders cognizable
by civil Courts, whenever such loyal
Courts exist, will not be tried by Mill.
tary Commission. 1t should therefore
be stated, in every application for a com.
mission, whether or not there is any 10y.
al civil Court to which tho civil o%ffeuse
charged can be referred for trial." It
cannot be claimed that q Military Com
mission is a matter Of necessity, whore
civil Courts, whose loyalty and fidelity
are unquestionable, are 10 full operation
and wholly uuimpeded. ..l
1t will not do to say in this case that
the military authority Of this United
States is 10 the authority Of the United
States, and that therefore q conspiracy to
resist the military authority in a place
where the civil Courts are loyal and I'M.
obstructed would not he q conspiracy to
resist the authotity of the United States
within the plain language and intent of
the act Of Congress first above mentioned;
and it will not do to supercede the civil
Courts OF the country BY military com.
mission on the alleged ipsufEciency of
the civil tribunals. The civil authorities
can bring to their aid all the military
power Of this country, and after the in
t0rposition Of the military power Of its
own accord, and the suppression Of a
riot or instruction, the law Of Congress
requires that the persons arrested should
be turned over to the civil Courts for
trial aud punishment.
Fiflh-That this tribunal from the ua.
turc of its organization, and its peculiar
mode Of proceeding, is in conflict with
the provisions Of the Constitution and
laws Of this country, which guaranty Ia
every man a fair and impartial trial.
Without intending tho slightest disre.
.n. go. % H.. n.. Al.