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

nv the Executive alone. Of martial law nor merely IN
cupapcy but the entire Union and not tom
porary but O. institution a. permanent a. tne IN
urreoton on which Il to DC n AMI csps.
of foreign well as civil war; are placed Deyona guss
ton By The Presidents procls nation Of September "a.
1902 That proclamation Ia az follows
"BY THE PRECEDENT OF THE UNITED sTAXxS Oh
AMERICA.
"a PROCLAMATION
Whereas has become necessary to can ato :eivSe nov
Sr.s in order to suppress the iu,urscton existing
in the United States and doya persons are not sdeqastsy
,s. nsssu and om yns I'D and comfort 7.Ou.
to the instruction. Now. therefore, Do oaeea .as
suppfs.ns the sane ali Rebel. and insurgents: their .dsr'
and sseofs within the United States and al persons de
sS;s S .h SsHs, E
Rebels ssSnst the authority Of the United states ,as
be subject martial law and liable to thai and punnnmens
second That the writ haSe.s corpu. !. suspended In
ss1ss tho R.S.s" :s. f'
s p' Or the Of
ain wtness whereof have hereunto set my hand and
caused the sesl Of tie United States to be affixed.
Done At the City Of Washington this Path day Of sepem'
1852 and Of the indePenaGnse q Se Tinted sise'
"Bs The President. WILLIAM II. SEWARD, Sec olstate"
This PROCLAMATION Is duly certified from the War De-
partment 10 be in full force and revoked and is
evidence Of record in this case; and but lew DAYS
since q proclamation Of the President OF which tts
court Will TAKE HOuCc uccihIcb dat sho eouo
The authority Of the President to make this procama
ton has been denied by Mr. Johnson but 1t stands on
the ground with the proclamations OF blockade
issued prll 10 aud g. ls6 which declared blockade
ports Of the Bsurgen States and that all vessels
violating the same were subjects Of capture, and TO-
gether with the cargo TO be condemned prize. La.
Congress had not then recoeu zed the fact OF
civil war; these procamations were denounced as yoid
The Supreme Conr decided otherwise. and ehrned the
power OF the Executive.
| A nv rpr n q pRPCEDFNT.
| The Revolutionary War began with the establish
ment Of Military Courts and they continued through
out the war aud the legislation OF the Continental Con
gress included CT, Hans rs well ~ soldiers.
THE ExAMPIE or WASHINGTON.
Washington the peerless the stainless, and the Just
with whom God walked through the night Of that great
trial enforced this Just and wise enactment upon all
occasions On the 3nh ~ September l7-O, Joshua II.
Smith by the order OF Gen. Washington. was put upon
NewYork on the charge Of there ding end assisting
Benedict Arnold. IN combination with the
enemy. to faE,, In and .i.s such loyal citizens
or soldiers OF the United States as were In gar
rison at West Point Smith objected to the juris
diction. ayefriny that be, was private clti'
rem in the military naval service and therefore
was onv amensbe 20 the civil authority Of the State.
whose Constitution lad sulrapteed the rish OF trial by
Jury all persons ted 20 answer for crime (Chand-
lcr- Criminal Trials vol 2 .. I'D The Constitution
Of Newly then In force had provided; but, not
withstandng that the court oycrrued the plea held
him 20 answer and tried him repeat that. wnen
smith thus ircd by court martial thu Constitution
civil courts tn all civilians charged aud held 10 answer
for crimes within the limits Of that state A. does the
Constitution Of the United States guarantee such trial
within the limits 81 tho District Of Columbia. by the
,econd VI the Articles Of Confederation each state re
tanned it, sovereignty and every power JuIisdic
ton aud right not sTprs.'ly delegated to the United
States IN Congress assembled By those articles there
vas no express delegation Of judicial power therefore
i the Stsscs retained 10 fnlly
TIE power to try by military tribunals sa
NECESSITY TO TnE gxIsrEScg OF THE NATION.
l Here j. conspiracy. orgoni1sd aud prosecuted by
armed traitors aud hired assssins receiving the moral
,upport OF thousands IN State ava district who
uronounced the war for the Union failure. and yovr
now murdered but immortal Commander.in-Chief
yrant the object Of which conspiracy as the testimony
shows 10 aid the lettering Rebellion which struck
at tho nations life IL In evidence
that Davis. Thompson. and Others. chief, In
this Rebellion; IN aid OF tho sane agreed ana
water which supply your commercial me'rop.
oils and thereby murder ts iuhab,ants 10 secretly de-
po., In the hahtations OF the people aud In the ships in
your harbors irGamnabe materials and thereby DC
stroy them by fire. to murder BY the slow ard con.
suming Of famine soldiers captive In their
hands import pc-tence in infected clothes to be dis
rbated your capital and camps, and thereby murder
the surviving heroes and defenders ~ the Eepnblic.
who standing by the holy graves OF your unretnrning
prave proudly and detantly challenge TO honorable
combat and open battle all public enenes that their
country may live; and finally. to crown this borid
catalogue 81 crime this sum OF all human
ord. with the accused and John Wilkes Booth
and John H. Surrat TO kill and murder In your capital
the executive officer OF your ana inc com
tered into BIZ these ta0rs s revealed by It's attempted
execution and the foul and brutal murder Of your Pres
dent In the capital you are told that II Is unconstt
ona in order 10 arrest the further execution of De
conspiracy 70 iDterpose the military power OF this
Government for the arrest without civil process OF any
of the parties thereto aud for thor trial by military
tribunal Of Justice II any such rule had obtained dur
ing our struggle for Independence never would have
been nation. II any such rule bad been adopted and
acted upon now. during the nerce struggle 81 the pas,
! F,ur ID that our ndtlOnaIlty WOuu
have thus long survives
AND 1T Is THE NATION WHICH RxERcIsEs THE
| POWER.
That these powers FOR the common defense ntrusted
by tho Constitution exclusively 10 the Congress aud the
President arc in time CT OWL war or foreign invasion
10 be exercised without limitation or restraint TO the
extent II tho public necessity, and without any inter
yrnton VI the federal Judiciary or OF State constitutions
or State laws facts in our history not open to queS
ton. -, l.. 49,. -
make the American Congress thereby omnipoien and
clothe the American Executive with tho asserted attr'
butte OF hereditary monarchy-the King can 90 no
wrong Let tho position he fairly ststed-that the
Congress and President IN war IA In peace are but the
agents whole people, and that this unlimited power
Tor the common defense sganst armed rsosl,on %
exclusively to the executive and legislative depart
ments their sgents for and every abuse OF which
these agents are directly responsible 10 the pcopeand
the demagog no cry VI omBipoteht Congress. and an
Executive invested with royal preroRntyes, vanishes
ike tho baseess fabric Of vision. If the Congress
corrupy or oppressively wantony abuse this great
trust tho people by tho Irresistible power of the ballot
burl them from place. IL the President 80 tbnse tho
trust the people by their Congress withhold supplies,
impeachment transfer the trust 70 peter nanus'
and declare him forever disqualified TO hold any position
of honor trust or power under the Government OF his
Mr. bingham then proceeds to give copous citations
in proof OF bis proposition that the power to exercise
martial law is fully conferred BY the Constitution upon
the Executive and Congress- Both tho advocates ana
onnn