, 1865-01-16
OUR CIEClkNaTI LETTER.
Tho Chicago Conspiracy Tria1-The
Plea Of Want OF Jnrlxitctaon-rfr,
Aknyss Argument In tho Plea-Rl-
lurdsS Release.


From Our Own Corrc.pondeut1
C1Sc1NsAT1, jan. -.
The military commission engaged In the in
vestigation Of the Chicago conspiracy resumed
lis session this morning pursuant to adjourn
mcnt, in the Court room Of the Court of Com
mon Pleas in this city.
The record Of the previous days session of
the Coust WAS read By Mr.. Pitman, and when
slightly amended accepted.
Judge T. ". Dartley, On behalf Of the pris-
oncrs Morris, Scmmes aud Anderson, in nc
cordancc with the authority given By the
Judge Advocate nt the last session. rosc to
supprt 'he plea presented The previous day
as to the jurisdicttn of the court Agrtca-
bic to military regulations, the points upon
which the counsel based his plea were in Wri-
Ting, and were read By him to the conrt. On
the t,iaIe, and also because Of the delicate
legal acumeu involved in the address Of the
counsel, l present 1t to your readers eDtfre.
HEADQUARTERS or TIE DEPARTMENT
OF TIE ONO.
The Military Commission convened at cincin-
nall. clio, January. 1865.
On charges preferred by the
judge Advocate, Of u con-
The United statca, sp'Eaey 9gains' the M authoxtty
nucer j. Norris es tes eot sn ss: eea y
at and about the city Of Chi
ltago, illinois,
to he authority I'D ;urisaicon NJ 81 ills conrt and
asks hst his case may bo turned oTer to tho Uni
ted Statcs Courts Of the Northern District Of H.
ine 70 tic forms of he co consttaiion and ] laws Of
Jurisdiction Of he tribunal. de defendanta
s azsf es T. eoars a2sts Il uned States
tn the Northern District Of Illinois are now and
heretofore have uniformly hcen open, and wholly
nnehetructed in The administration Of Justice and
their loyalty and fidelity In administering the laws,
and nphoiding the authority of 1hs laws Of thu
United Sf1tes. nnquestioucd and unqueStDnah]e.
And 4, his Defendant not being nor having heen in
nor in any otheE position which subjects him to
the rules md articles Of war, or the authority ofa
military tribunal, II amcnub'e solely, Il amsnable
at nl1, on the charges md specifications hercln
ptefcrTed 10 the authority and Jurisdiction Of the
United States Courts Of the Northern District OF
fiaiiy and according to the laws Of the land, and
where tho accused can, sy legal authority, require
the Attendance Of Witnessed on his behalf, aud
have m opportunity Of testing the vcracitJ and
credibi1ily Of ths witncsecs against him BY fair
second. That Tie o6enec. set out in the charges
and specifications being admitted not to he 1ntfac
tions Of any Of the rules and articles Of var. and
clearly and unqucsionably falling within the pro-
y,sirns u the act Of Congress Of 5nay, 1851, pro-
cies aga1Ist the authority Of the United Statcs, In
The civil courts alone. this tribunal cannot have
concurrent OF conflicting Juriediction to hear and
this tribunal cannot tsy he accused for any viola-
ZION Of either the rules or articles OF war or any
criminal statute, and as the charges prelerrcd
e 1s bn0 Of 5 sx s
coenizance Of the same.
Third. Tint the Cd section Of The act Of Con.
by lie military authorfttes hss expressly and iua,
peratvely required that in all such cascs Of arrcst
e that Of this defendant by the military power in
These e tS q TIE ws hS
the persons arrested shall be turned over to the
civil courts OF the United States fo- prosecution by
proceeding beioro bis tribun5l in tis case il d.
rcet}5 and palpao,y In derosation Of this Law Of
Fourth. 1t is conceded that this Military Cou-
mission ts not authorized or provided for BY the
Constitution Or any law Of Congress, OF By the
rules or Articles Of Wax. and thHt It has no au-
I IhSl G ea5 5 e. ssis n Il eoas IF
the country, nor Is there any law, usage custom
prescribing what punishment, II any. sh,l1 be In
eted by this eof bat vi tribunal Is ssd
founded in the ueagc aud customs Of war It Is
confidently asserted, however, on behalf of the de-
{endant that 1he authority Of tis tribunal, which
try, is wholly unwarranted by any usases or Gus
tom II war except with the army IN the de1d, when
removed faI beyond the sphere and jurisdiction Of
~
3tary law. eays, on paees is md l6 Of his work,
*'civl offenders cognizah1e by civil courts, when
cysr suck loyal courts exist, wil not be tried bs
stated in every application for commission,
whether or not there IL any loyal c1vli court to
whi.h the civil oense charged can be referred for
mission is a matter Of Necessity, where civil
courts whose loyalty and fidelity arc unquesttona-
bic, are In full operation and wholly nnluapeded.
authority of tbs united States Is not tie M au1hori1
Of the United States, aud that therefore conspir
acy to resist the military anthorty In place
would moi bc a conspiracy to resist he authority
Of the United Statea within the plain language
End intent Of the act Of Congress first above mem
toned; md It will not do 70 superseda the civil
the allcged insufeicncy OF the civil tribunals. The
civil authorities can bring to their aid nil the mill
tsry power Of this country, and after the ints1po
the suppression Of riot OF ipsurrcctfon, the law
Of Congress requires that the persons arrested
should be turned over to the cir courts for trial
FIih-Ihat this tribunalfr from the nature Of Its
organization, and it, peculiar mode Of proceeding,
i ion I'D laa. q III epaDy Which eas1aasg to
eyery man fair and impartial trisi. Without In
tending the slightest dfsrespect or want Of dus
conrtesy to the learned and able Judge Advocate
court the defendant begs leave to stae his ob1ec-
tone TO the nature OF the constitution Of this
EA4
aec1scr, the public prosecutor, aud the Judge to
advise and instruct the court on all questions OF
law. to tonducl the trial. prescribe the maunes IN
which the defendants counsel shall fnterrogate
Witnesses, and be allowed to argue the case, 6av-
ing himself the right to reply and then retiring
with the Court to advise and instruct1n the maE.
inE Of the decision.
Before he prefers the charge he must BE- ryc.
sumed 70 have made up his mind as to th gcl; or
fnDoeeuce OF the acsnsed. L t8 thesefure sub.
stantaliy trial not only q: Tho instance q, aud
p.ejudged the case. Far better let the Judge WHO
pretides on the t1ial Of criminal case bclore a
}uTy, act the part ofthe public Prosecutor and re-
ure with the jury when they retire. to adviss With
and instruct theIu In the making Of their verdict
than this mode Of trin' for herr the Judge Adro.
cate origlnatcs the charges and must be psesuus-
uowerer high the Judge Adroeate may stand
for prohity, learning and honorable bearing. all o
which is conceded to the honorable gentleman ap
high degree, the very nature Of his position which
EiTes him the controlling and directing power oil
the t1is precludcr the possibility Of lmpartiali'y
required by the fundamental Laws Of this country.
Certain1y the denial Of perfectly fair aad iupar
tial trial can not be said to be necessary to pre-
Institutions intended to securs impartial justice
| md equAlity, and fairness to crcry man.
E. G. Assay, Esq, Of your city, ut consider
ab]e length supported the position taken II
the plea Of his clients, Walsh and GEenfeu
l
| exigencies of war, and a tasit affirmation O
| the inability Of the civil courts 10 dispense
I Justice, could only properly be put into forcs
in cases where, by the results Of war, the loya
SsyI eonrtB had become obstructed and I'm
peded in their action. Sherman might con
sls'enny convene court martial for the nd
lnd1ca!1on Of cases IN Savannah, because thert
suspicious could be entertained as to the 10y
alty and power Of the civil authorities. /
had already been granted, continued th,
counsel, by the Judge Advocate that q mill
tary Commission Was not for the trial Of stat
against the accused came most decido1l,
within the meaning nud power Of the stat
utcs Of July, 1861, aud more recently Q
May, 1868, regarding The crimes Of aidin
and abctting tie forces In rebellion agains
the Government. The oHenses charged t
have be-. n committed, were, in fact, over
nets Of treason itself The statute he had a,
power or court which should try it; and i
defined the punishment to be executed. Th
counsel al some length cited the opinion c
well. known British points on the question
In the reign Of King George. an insurrectiou
or oct Of treason or conspiracy in the King
dominions in Holland, was adjndicated by
military commission; bnt in The case OF
s1milar crime being commit. d IN England, i
was ruled that the accused must he tried b
the civil authorities. Regarding the trial q
the accused in adistrict, other than that i
which the crimo Was alleged to have bee
committed, AFR. Assay also took C,
ccr,ions, affirming it as stron
r.aeon which should oust the jurtsdIs
ton Of the Court. Chief Justice Marshal
in one of the oi1sboots of the celebrated Bur
trials had ruled that because o prisoner wa
captured in q certain place By tile militar
authorities, It WINS no reason wty be shoul
lie taken for trial by the Commanding Gene,
nj to another district, and TINT the charge