Daily Richmond Whig. [volume] (Richmond, Va.) 1865-1869, 1865-06-22
THE CONSPIRACY TRIALS
Argument of Hon. ReVerdy John
son.

WARRINGTON, June lS.-4He NOuAb a7'eLlD GU
this morning 40 ten O'Clock, according 10 ad-
ioprument on Friday, all the members being pre-
sent
The reading Of the previous proceedings was
entered upon and concluded az halt past ten
Mr.. Clampst announced that he was reaGy TO
offer the argument Of Mr.. johnson on the Juris-
diction Of the court and he proceeded 20 read
the argument from printed slips In clear voice,
heard distinctly in all quarters OF the room. -
Some Of the spectators seemed % have come
with the idea that the plea Of Mr.. johnson would
contain matter personal % some Of the members
OF the court, but that idea was speedily dspeled,
Il proving 70 be purely legal argument.
IL commences by asking, has the commission
jurisdiction Of the cases before il. That ga s.
lion, in al counts, civil, criminal AMI military,
must be considered aud answered atiIma,iyely
before judgment can be pronounced, aud II must
be answered correctly, OF the Judgment pronounced
is void. Ever an interesting and vital inquiry
il d OF engrossing interest aud awful importance
when error may lead 20 the unauthorized taking
Of human life. In such case the court cal ed
upOn to render, and the Officer who is % approve
il Judgment and have IL executed, have con-
cern peculiar 70 themselves As 70 each o re.
spOnsibility Is involved which however cOusci-
entiOusly and firmly met, is calculated aud can
not fail 70 awaken great s0licitude, and induce
the most mature consideration. The nature Of
the duty il such that even honest error affords
no impunity. The legal personal consequences
cannot be avoided. Every member composing
the commission will meet all the responsibility
that belongs 70 IT, a. becomes gentlemen aud sol
dies.
so far the question Of jurisdiction has not been
discussed. The pleas which specially present IL,
as soon as fled, were overruIed. But that will
not. because properly il should not, prevent the
Commission from considering II with the dehoe-
ration which its grave nature demands. IL VAS
for them 10 decide Il, and az this time for them
alone. The Commission under which they were
acting does not aud could not decide il. II un
authorized, il is a mere nullity-the usurpation
Of q power not vested IN the Executive, and con-
ferring no authority upon them. To hold othe b.
wise would be 10 make the Executive the exc.u-
sive aud conclusive Judge Of its own powers and
that would be % make that department olnipO-
tent The powers OF the President under the
Constitution are great, and amply sufficient %
give all needed efficiency % TIE OhIce. The Con
ventiOn that framed the Constitution, and The
people who adopted Il, considered these powers
sufficient, and granted no others. In the minds
of both land subsequent history ha3 served 70
strengthen the impressiOn) danger 20 liberty 10
more 70 be dreaded from the Executive than from
any other Department Of the Government. SO
far, therefore, from meaning % extend its powers
beyond what was deemed necessary % the whole
some operation Of the Government they were
studious 70 place them beyond the reach OF abuse.
with this view, before entering on the execution
oath faithfully 70 discharge its duties, and "a
the best Of his ability preserve protect and de
fend the Constitution Of the United states" HC
e also liable % BE- removed from ohice on i'm
parchment for and conviction OF, treason, bri
berry. or other high crimes and misdemeanOrs.
IL be violates the ConstitutOn-if be fails 20 pre-
serve Il, and above all if he usurps powers moi
granted, he Is false 10 his official oath and Liable
70 be indicted and convicted, and 10 be impris
pRed.
. 10 such an offence his removal from Office /.
: the necessary consequence. In such cOntln
geucy. he shall be removed is the command O
The constitution. What stronger evidence could
there Be that his powers all OF ;hem, in peace and
in war are only such as the constitution con
fers Bnt II this was not evident from the in
Htrument itself the character of the men who
composed the convention, end the spirit OF the
American people at that period, would prove it,
Hatred of q monarchy, made the more intense by
the conduct Of the monarch from whose Govern
ment they had recently separated. and deep
seated love Of constitutional liberty made 'h'
more keen and active by the sacrifices which hs'
illustrated their revolutionary career, constituted
them 2 people who could never be induced 70 del
egats any executive authority, not 80 careful!
rsstrtctad and guarded a. % render its abuse d
usurpatlon almost impossible. II these Otserya
lions are well founded il follows that an eXecu
tive act beyond executive authority can iurnisi
. no defence against the legal consequences
what are done under il. Unless jurisdiction eX
ists the authority to try does not exist and what
ever Is done is eOram non judice and utterly
void. This doctrine is as applicable to militar.
- 20 other courts
The question, then, being always open, and il'
nroDer decision essential 70 the validity Of IL
Judgment, the Commission must decide beior
pronOuncing such Judgment whether u as Ju
Tisdfrtion over these parties and the crime I'M
puted 10 them That a tribunal like this has
Tisdiction over other than military offences Is be
Ieged 10 be self evident. That offences den ne
ana punished BY the civil law, and where tHa
h 80 for by the same law, are not the sub
ietts of N ilitary Jurisdiction is Of course, true
Amlitary. As contradistinguish he'd from civ
offence. must therefore be made TO appear an
when il i Il must also appear that the mlntar
. law provides for its trial and punishment oy
military tribunal. If that law does not turns
mode Of trial, or afhx punishment the case
unproVided for, and as FAR as the 10 .htaIy PoES'
Is concerned, is to 60 unpublished. But as elth,
the civil cOmmoI or statute Law embraces ever
species Of offence that the United States OF u