New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-06-28

argument for the defense before this Court can enter
upon the inquiry Of the want OF authority IN the Pres
granted and decide the very point in ISSUE that the
President had the authority. and that they are In law
and in fact q Judicial tribunal; and having assumed
thu they are esve as ha, hsV are
not in fact or in law judicial tribunal but mere
nullity and nOnentity. A. mJst lame and imPotent
conclusion Tho Supreme Court OF the United etaes
has decided explicitly that no court can enter upon
such an inquiry for II II should come to the conclusion
that the Government under which taeted had Deen
put aside it would to be court and be incapable
Of pronouncing judicial decision upon the question II
undertook ~ try.
The argument Of Mr.. johnson is
NOT PLEA TO THE JURIsDIcT10S
The absnrdity Of the proposition deliberately urged
upon the consideration Of this court cannot he saved
from the ridcule and contempt OF sensible men 6y inc
pretense that the court not asked dciay to decide
that 1t is not court. but only that 1t has no ursdc
tion for IL fact not to DO denied that the whole ar
gument for the defense this pOint that the
dent had not the lawful authority to issue the order
der for its creation lie null and void
Gentlemen might as well ask the Supreme Court OF
the United States upon plea to the Jurisdiction 10 de
eide court that the President hs lawful anthor'
ty TO nominate the judges thereof severaly to the
Senate and that the Senate had lawful authority to
advise and consent 10 their appointment as to ask this
court to decide court that the order OF the Pres
dent Of the United States constituting tribunal for
the sole purpose OF this trial WAS not only without
authority OF law but against and in violation Of law
j
stence, end can more speak AZ a court than the
dead much less pronounce the judgment required at Its
handsihat IL is not court and that the President vi
the United States In constituting IL such To try the
question upon the charge and specification preferred
has transcribed his authority and violated his oath OF
office.
MILITARY COURTS, AS SUCH, PERFECTLY CoysTITU-
TIoSAL.
To the argument that the Constitution confdes the
judicial power 10 the Supreme CUr and inferior courts
created by Congress II is sufficient answer TO say
that the power Of this Government TO try and punish
military offenses by military tribunals Is part Of the
judicial power Of the United States. under the 81
article If the Constitution, but power conferred by
the 9Th section Of the LIST article and so II has been
ruled by Il Supreme Court In Dyres sgt Hoover. 20
Howard, a.. this power is conferred by the sth
section, military court authorized by Congress- and
constituted this has been % try all persons for mill
tary crimes in time OF war; though not exercising the
Judicial power provided for In the Cd article Is never
theless court as constitutional as the SUI
preme Court itself Tho gentleman admits this
10 the extent Of the trial. by courts martial
of persons IN the military or naval ser
vice aud by admitting it, he gives up the point There
is rPrsss grant for any such tribunal aud the power
TO etab s such court therefore Implied from The pro
visions OF the eth section ls article Congress shah
have power 10 provide and maintain navy. and also
make rules for ths government Il the land and wal
forces" from these grants the Supreme Court INFER
the power to establish courtsmartial and from tie
grant Ia the zane eth section shall rotice neres
ter that Congress shall have power TO declare war
and 10 pass all laws necessary and proper 10 carry
this and all other powers into effect" IL necessarily
implied that IN time 81 war Congress may anlhoI ne
military commissions, 10 try all crimes committed la
aid Of the public enemy a. snch tribunals ere Hsess'dry
to give effect TO the power 10 make war and suppress
insurreotion.
SOMETHING FOR REvERDY JOHNSON TO THINK OF.
Apresenaiye Of tue people and OF the rights Of the
peopM before this court by The appointment OF ne ffe
idea and which appointment ves neither sought by me
desired cannot allow ali that has here been said
by way of denunciatOn Of the msrdeicd re.iicnt And
his successor 10 pass unDotice. This has been made
,Ia hv he led johnson,
volunteer not 10 defend the accused Mary T. surrnt'
not 10 make Judicial argument IN her behalf but u
make a political haranpue. partisan speech against
his government and country and thereby sweh the cry
Of the armed legions Of scditiOn and rebellion
that but yesterday shook the heavens with then
Internal Sngncry Of treason, and filed the
habiiations Of the people with death. As the Law
forbids Senator OF the United States 10 re-
ceiyc compensation. fee for defending IN cases be
fore civil military commissions the gentleman vol
unteers to make speech before this court IN which lie
denounces the action Of the Executive Department In
proclaning and executing martial law against Rebels
In grms their aiders and abettors AZ usurpaion ana
tyfanny deem II my duty 10 reply 10 this denun-
citation not for the purpose Of presenting thereby any
for the decision Of this court for have show
that the argument Of the gentleman presents no gues.
ton for lie decsion court but 10 Tepe as far as
may be able the unjust asperson attempted Y he cast
upon the memory Of dead President and upon the
Official conduct OF his successor.
propose 10 answer fully oil that the gentleman
Mr JohnsoD) has said u the want oi jurisdiction IN
this court. and Of the alleged nsurpation and yrunny
OF the Executive that the enlightened pnplc opinon
10 hch he appeals decide whether all this lenun'
citation il iuftwhethcr indeed cOasprng az 4inst the
whole people and confederation and agreement In aid
Of Instruction to murder all the executive officers OF
the Government cannot be checked or arrested by tho
executive power Let the people decide this question.
and IN doing let them pass upon the action VI tho
Senator well "a upon the action OF those whom ne so
arrogantly arrsgns His plea In behaf II expiring
and shattered rebellion is fit subject for public con.
sideraton aud fJr public concentration.
BIN WOOD. AND REvERDY JOHNSON IN COMPANY.
Let that people also note. that while the learned gen
teman (Mr. Johnson, as velnieer. without pay
thus condemns usurpaion the means employed 80
efeciuny % suppress this gigantic insurecton The
Nepo. York Ners whose proprietor, benjamin Wood Is
shown by the testimony upon your record to have re-
into the sts 10 champion the cause OF the Rebellion, Its
aiders and abetors by following 10 tho letter his col
league (Mr. Johnson, and with greater palhnrss OF
speech nnd feryor intensified doubtless by the s25 900
received and the hope Of more, denounces the Court US
usurpation and threatens the members with the conse
quencesl -
The argument Of the gentleman 10 which tie court
has listened SO patiently and long Is but an attempt
to show that II Is unconstitutional Tor the uo'erhheht
Of the United States 10 arrest upon military order anu
try before military tribunals and puDsh upon convlc
ton In accordance with the laws OF war ana the usaSe
of nftions all criminal offenders acting IN ala OF the
existing Rebellion IL does seem to me that te seeeh
in lis tone and temper IN tho same as that which the
has heard for the last four years. uttered by tie
armed Rebels themselves and by their apoossts aver
ring that IL was unconsutntlobhi ior ING
of the United States defend by arms ITS own rghtful
authority and the supremacy oil us laws
THE TRIAL HAS NOT BEEN SECRET.
Mr. Johnson while leaving to other counsel to argue
the defense ITS merits arragns the country ara the
Government for conducting trial with closed doors
ard before secret tribunal anu compares the proceed
ngs Of this court 10 the Spanish lnquslton nsng TIC
words nj his command 10 intensity the horror
which he supposes his announcement will excite
q roughout the civilized world
Wss this dealing fairly by this Government Was
there ANYTHING in the conduct Of the proceedings here
that justified any such remark Has this been secret
triali Has it not been conducted IN open day III tho
presence Of the accused and in the presence OF seven