The Cadiz sentinel. [volume] (Cadiz, Ohio) 1864-1911, 1865-05-31

gcncy, CIVIL trDunalS from taxing pflSoHaTs
out of exeyuive custody, But the former
adjudges and Furnishes them. We more
than doubt whether the prerogatlye law
yers who asserted the power Of the Presi-
! dent as to the writ. concede his absolute
| power to create co..rti and use them for ar
| bitrary purposes, or, indeed. for any pur-
poses. S iol SIS of az ike der Lieber,
! smatteles like tioowin or joseph Holt, may
think it within the scope OF executive power,
| but We are very sure Mr. Binney, Of Phila-
! delphia, does not.
let us trace the growth Of this monstro-
sity for which We are indebted to the inter-
est taken in the subject by strangers, un-
sworn to obedience to the constitution and
| laws of the United States
| On the 23d Of January 1864, Lord Ly-
ons addressed note to Secretary Seward
| calling his attention to an order OF General
| Dix, creating military commission at New
| York to try civilians i'll Forts Warren and
! Lafayette, among whom were some British
subjects. Il ask. = said his lordship, ''on
what principles it has determined to bling
! these cases before a Military Commission
rather than before the regular Courts OF
hw. lord Lyons, it will be pieceived,
ditFcis wnh the New Yolk Times, which
deems secret military trials the regular
course OF justice. = Secretary Seward, on
! February =, replied that he would make in.
| quiries Mt the War Del artmtnt. Now, III
view of the proclamation Of September "a.
1862, which he had signed, this innocence
is odd, but we past it by. No answer CAME
and on the 10th Of February, Lord Lyons
called in person, and on the | tn he wrote
urging reply. II have" said he, strong
reasons for derring to obtain without delay.
answers to the questions have asked, and
trust that you will excuse NY again callins
! your attention to it.
Thus pressed, on the 18th Of February,
Mr.. Seward replies, sending colnmunios
ton froia General Candy, saying that the
prisoners were to be tried ior violation of the
laws of war, and that "cvery facility OF de-
fence should be afforcd them, with the priv,
! ilege of counsel, witnesses, &c, &c: Still,
not word about the proclamation of Sep,
tember 1862, or any authority of law for
the superredure of the civil courts by Mill
tMy Commissions. This anst3er, Lord Ly-
ons sent to England, whelicc it was instant.
y returned as utter unsatisfactory. On the
Sth OF April, Lord Lyons writes a very en-
! phatc note to Mr.. Seward, from which wa
make significant cxtfact, bldshing to think
! that it was LETT to EngliShmcn thus to inter-
rogate and thus to demonstrate:
Her Alaiesty's Government do net re-
gard the information cotit&incd in y6tr .iote
of the 18th Of February, or lythe PAPER in.
closed lit, as sufficiently explicit FNew
u ork and Boston be under martial law, and
! the ordinary forms of civil trial be suspend
ed universally, and without exception or
| distinction of PERSONS suhieots of Her Ma
| jeSty brought before the Military Chthmis-
| sion. are in the same condition as native cit
izcnS, and Her Maiesty's Government may
refrain from remonstrance on this particu-
ar subject. But Her Majesty's Govern
mcnt conceive that this should be clearly
stated for if this be not the case, and if Her
| Majestys 8 subjects are to have charges a,
| ganst them investigated BY an exceptional
! tribunal, and are not to he allowed the pro-
| lection and safeguard of the ordinary civil
| trial when such protection and seiegusrds
are still open to United Statta citizens, the
fact if 1t be 30, MAY give rise to very
grave and serious coin laint. Her Maics.
TVS Government have therefore, instructed
the to apply for more explicit statement
upon this matter, and for distinct answer
to the Questions whether martial law uni
vcrsally pre- failS at New York and Boston,
and whether it Bu.pends, for all persons, O.
| qually citizens as well as foreigners, tho
! right of being tried before the ordinary CIV
il tribunals. "
Now, in this extract and these plain and
direct questions, th're is much matter for
meditation. We commend it to. the legal
profession ofthis city, especially this square
| Interrogation, addressed by British Minis
ter to an American Secretary of State -
| Docs martial ,laa tit1iscrSalls prevail at
| New York and Boston 2
! To this note the Secretary, on the 30th,
returned Characteristic and evasve answer.
no doubt coupled with private assurance.
| which has been verified, that no English
man should be troubled, and referred Lord
| Lyons. as the authority for all this to the
proclamation of the 18th September,
1861 which promulgated the Legislative
Suspension Of the hubeos corpos and does
not Say a word, or venture to say word
about edict of September "a, 1852, which
we repeat, has since been, suppressed at
| withheld from the authorized edition of the
laws and proclamst ors
| Here, 50 far as Lord Lyons was concerned
the matter dropped, and here, for the pres
ent, we leave the matter, with confession
that the whole thing is to us profound
mystery, which, perhaps, The Times will
have the goodness to explain of sotne other
loyal cotemporary, which believes English
men have rights ON this Continent thst
Americans are bound not to expect,
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