Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1865-06-20
by telegraph.
REPoRTED FOR THE DAILY EMplRE
LATEST RYE vs.
EVENING REPORT.
Trial oIthe ConspiFatorA.

cOusplred with Booth and others In aid OF the
rebellion or aid in the overthrow of the
Government as charged. That be aided and
abetted, however, in the escape OF Booth there
was no doubt, aud he must take the conse.
quences
Mr.. Cox read an argument ia favor of
Arnold and o Laughlin, reviewing the evi.
denee at length, and Insisting that they were
not engaged in the conspiracy charge and
demanding their acquittal
Mr. CampiIt read the argument addressed
TO the President and gentlemen of the Com
mission, signed by Hon. Reverdy johnson,
and concurred in by Mr.. | rcdr,ck A Aiken
/ aud Mr. John NJ Campitt associate counsels
Tor Mrs. Marie Surratt IL commences by
| asking if the Commission has Jurisdiction of
the cases before it; and calling attention TO
the great Importance of the question, refers to
the duty of the Commission to CONSIDER it, and
declares that the Commission is an unaufhor.
ixed act, establishing an usurpation on the
part of the Executive.
1t then proceeds to say the Constitution de
| fines the powers and duties OF the Executive,
and provides punishment for his violation OF
them. Therefore, he possesses no powers
beyond what the Constitution couierr; and
this act beyond authority can furnish no de-
| tense against the legal consequences of what
\ are doDe under it, and whatever is done is
utterly void. The commission must, there
lore, decide this question before pronouucing
I judgement That d tribunal like this has NOT
jurisdiction over them other than military
officers s believed to be evident. That OF.
lenses defined and punished by the civil law,
and whose trial ia provided for by the same
law, are not the subjects oi military ursdic
ton, is, of course, true. A mi itary, as contra
distinguished from civil offense, must there
fore, be made to appear, and then 1t must also
appear that mihtary law provides for its trial
and punishment by a military tribunal. III
that law does not furnish mode Of trial or
affx punishment, the case is unprovded 10
and as far as TIE military power Is concerned
is to go unpunished; but as either the civil,
common, or statute law embraces every kind
Of otfense that the United States or States
have deemed it necessary to punish, ia all
such cases the civil courts are clothed with
every necessary jurisdiction Ia a military
court, il the charge does not state crime
provided for, generally or specially, by any
of the articles OF war, the prisoner must be
discharged.
Nor is it sufficient that the charge is on a
crime kCown to military law: The offender,
when he commits it, would be subject TO mli.
tary jurisdiction. General Law has supre me
Huu lsputaoIo JurlbulctlOu over, al. Inc
military law puts forth no such pretension.
IL aims solely 10 enforce upon the soidIsr the
additional duties be has assumed. Ii consti- |
tutes tribunals for the trial OF breaches OF mil |
tary duty only-O' Brien 6; rs and ~
The one code, civil laws embrace all cit. |
zsns, whether soldiers or not; the other, the |
military, has no jurisdiction over any citizens,
ss such of the provisions of the Constitution
clearly maintain the same doctrine. The Ex-
ecuiive has no authority in time Of war 10 ruise
and 10 support armies to provide aud main
tain navy, or to make rules for the govern
ment and regulation Of either force. These
lowers are exclusively in Congress The army
cannot be raised or have laws for It's govern
ment and regulation exc ept Gs Congress shall
provide. The power of Congress was granted
by the Convention without objection In Eng
land, the King, as generalissmo OF the whole
kingdom, has this sole power, though Parlia-
medt has frequently interposed and regulated
for itself. But with the United States it was
thought safest 10 give tn entire power to
Congress, since otherwise summary and SO.
we're punishments might be inflicted
No member oi the Convention of any COM
mentaton on the Constitution since, has in
timsted that even this Congressional power
could be applied TO citizens not belonging to
the army or navy. The powers given then,
to Congress is TO make rule for the Govern.
ment, and regulation Of the land and naval
forces. No artihce OF ingenuity can make
these words include those v no do uot belong
TO the army and navy, and they are, therefore,
TO be construed 10 exclude all others, as ii
negative words to that effect had been added
and this is not only the obvious meaning OF
the terms considered by themselves, but is
demonstrabe flom other provisions of the
Constitution. So Jealous we're our ancestors
of ungranted power, and so i4ilant 10 protect
the citizens against it, that they we're unWiL
ling to leave him to the safeguards which a
proper construction OF the Consultation, as
originally adapted furnished In this they
resolved that nothing should be left in doubt
They determined therefore, not only to guard
him against executive and judicial, but
against Congressional abuse
With this view they adopted the Fifth Con.
stilutional Amendment which declares that no
person shall be held to answer for capital
or otherwise infamous crime, unless on a pre-.
sentiment or indictment OF grand jury, ex.
cept in cases arising in the land or naval for.
cea IN time OF war, or public danger. This
view is elaborated by reference TO the highest
legal authorities and the Constitutional ques.
lione are discussed at length. a.
The sixth amendment which our fathers /
thought so vital to individual liberty, when as /
sailed by governmental prosecution, is bat q
deal.
In the course of his argument, Mr. johnson
said he had brought forward this question Of
Jurisdiction only because ha conscientiousIy |
believed it to be his duty He did not seek |
impunity to any one engaged 10 ths horrd |
crimes OF the night Of the l4h Of April. Over
them the civil Courts Of this District had am.
Pile jurisdiction and will faithfully exerciee is,
tha II