Evansville daily journal. (Evansville, Ind.) 1863-1866, 1865-06-20
Reverdy J0hnsoR's Drfensr Of the
Con ptrafoEa -


COnsptrafOEs.
WAsalNGToS, Jaue 9 --Mr 'Cla n petit
read the Argument I'D iFessed to~the
President and gentlemen Of ere 00hrt,
signed by the Hon. Rey4rdy ohsson,
and concurred b By Mr Fred A. Akin
and Mr.. john NJ. Ciampftt, ASSOCIATE
counsel for Mrs Mary < surraL
Itscommences by asking il tie Com
mission has Jurisdiction of the case be-
fore it; calling attention to the eseat
importance Of the question, and refers
to the duly Of the Coulnli ssion to con-
slider il, and deelaresif tie Com mission
is uuaathorizsd, the actspf establishing
X is a usurpation oathe part Of tbs Ex-
ecutiVe ~
ltihen proceeds 10 say thaA.tlfe Con
stitution defines the power and duties Of
the Executive aud provides ,pupishment
for biz violation OF them. Therefore he
possesses no powers beyond what theCou
/ stituton conieEs, and this actsIs beyond
lysuthority; can furnish nodefeuse against
lthe legal consequete IS Of what are
done uuder it, aud whatever i done, is
1 utterly void ~ -
/ The Commission musE therefore de-
eide the question before proaouucing
! Judgement That tribnnal.like this
has no jurisdiction over ofheF than mill
tary offences, IS Believed to be evident;
! that offences defined and punished ~
/ the civil laws, and wllf rstrial 10 provided
f, for by the same laws Ia net tbe subject
| 5f military jQrisdRt.pufis of course.
true@ Military as ntlistiRaaished from
civil offence, must, the = ere, be made
/ to appear, and WheRsit is, it must a 80 be
made to appear that uaiHtaryslaw pro-
! videa for its trial III that iasgiloes not
furnish q modeof trIa OF afiix the pun.
! ishment, the case IS unprovide6 for, and
as far az the military poRer isaeOnerneds
it is to 60 unpublished, hut ~ either the
civil, common or statute lawTembraces
every species Of offence that States have
deemed il necessary 20 pupish, In al
such cases the civil courts are clothed
with every necessary jurisdiction in a
military court II the chargeatloes NOT
state a crime provided for generally or
specially by any Of the artieles Of war,
the prisoner must bc discharged.
1 o BrIeR, page 255. Nor is it suiii
Gent that Tie charge is of q crime
known to the military law Thsofender,
when he commits Il, must bessphject ~
military juri diciiou
| The,general law which has supreme and
undisputed irisdleiion ovaRzs alt the
military law, puts iorih no such declar-
alton IL aims solely to enforce in the
soldier the added duties lie has assum7
ed. IL constitutes tribunals for The trisl
Of breaches Of military duty only r.
0'Brien, page l26 ard III @
The one c0de-the eIyll--embraces
all citiZsus whether soldiers or not.
The militry has no Jurisdiction over any
citizen as such, as the provisions of the
Constitution clcarly,,m aiutaidedthe same
doctrine The Executive has no au-
thority to declare war, to-Faiss and svp-
port armies, to provide aud maintain a
II navy, or to@maka -Tll4ss for tae govern.
ment and reguiEiaa of ether force.
These powers are exclusively in Con
gress, or have laws for its Governmenti
and regulations, except as CoBgress
shall provide. The power Of Conaresi
was granted by the Consuution without
objection -a-er F-r
River and ETeathpr. as.a e
PlTrsBURG, June 10, Noon.-Riyer
feet by the pier marx, aRd stationary
Weather cloudy and yarn, with indica
tons Of rain. -- --.sa-.a..