Daily Richmond Whig. [volume] (Richmond, Va.) 1865-1869, 1865-06-22

-S71S 1lstsI
I sisss hags sss.BsA Il a1sasssg5 eaeilt, sllsash
cases the cc1tts sfe clothed with esstt nseSssa
~ jursdietiod. In q military court II the charge
does not state a crime provided for generally OF
specially by any of the articles Of wal" the pri
soner must be discharged. (OBrien, p. 2So.)
/ Nor Is It sufficient that the charge is a crime
Il known to the military law. The offender, when
i he commits il must be subject to such law or he
is not subject to military jurisdiction. The gen
eral law has supreme and undisturbed jurisdic
Il ton over all.
The military law puts forth no such pretension
it aims solely TO enforce on the soldier the sd-
Il ditiOnal duties he has assumed. II constitutes
tribunals for the trial Of breaches Of military duty
/ only.-O'Brien. 1921. The one code (the civil
embraces all citizens, whether soldiers or not
the other (the military has no Jurisdiction over
any citizen as such.-lb.
The provisions of the Constitution clearly
maintain the same doctrine. The Executive has
no authority TO declare war to raise and support
/ armies, to provide and MAINTAIN a navy, or 10
make rules for the government and regulation
OF either force. These powers are exclusively IN
l Congress. The army cannot be raised or nave
laws for its government and regulation except as
Congress shall provide. This power OF Congress
WAS Granted by the Convention without obJec.
ton. In England the King, as generalissimn OF
| the whole kingdom, has this sole power, though
Parliament has frequently interposed and regu.
lated tor itself But with US il was thought safest
10 give the entire power TO Congress, since other
wise summary and severe punishments might be
inflicted al the mere will Of the Executive. 10
Story's Com. sect l,l92) No member ofthe Con-
yentlon or any commentator on the Constitution
since has intimated that even this Congressional
power could be applied to citizens not belonging
g. the army or navy.
l The poyer given 70 Congress is ITO make rules
/ for the government and regulation OF the land
/ and naval fsrces No STtiuce Of ingenuity can
make these words include those who do not be-
long 10 the army and navy. And they are there.
fore 10. be construed to 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 demon
strabe from other provisions Of the Constitution.
30 JEALOUS were our ancestors Of ungranted
power, and 50 vigilant TO protect the citizens
against It. that they were unwilling TO leave MIN
i 10 the safeguards which proper construction OF
the Constitution as originally adopted furnished.
In this they resolved that nothing should be lett
in doubt. They determined therefore not only to
guard him against Executive and judicial but
1 against Congressional abuse. With this view
l they adopted the tfth constit utiOnal amendment,
which declares that no person shall be held TO
answer for a capital or otherwise infamous
crime unless on 4 pressntment or indictment Of q
grand jury, except In cases arising in the land or
naval forces or in time Of war Orpublic danger.
This view is elaborated by reference 20 various
Legal authorities and the Constitutional questions
are discussed Al length.
The sixth amendment, which our fathers
thought SO vital 70 individual liberty, when as
Il SAiled By Governmental prosecution is but dead
let er totally inefficient Tor its purpose whenever
the Government shall deem il proper TO try cit
/ izen BY military commission. Against such a
doctrine the every instincts Of freemen revolt II
has no foundation but in the principles OF unre'
II IL OhnQlRlce.
/ If il be well founded, then are We indeed ma
ton Of slaves and not Of ireemen.
The counsel then proceeded TO examine with
Il somewhat OF particularly the grounds on which
/ ne is informed the jurisdiction OF this Commis
II sion ia maintained and contends, in the second
place that il the power in question is claimed
under the authority supposed TO be given to the
President in certain cases 10 suspend the writ oil
Eabeas corpus and 10 declare martial law, the
claim is equally, if not more evidently, untena
'Ibs act of 1896, establishing the articles Of
war proyiles for no military court like this; and
Il II ia maintained that II does not embrace the
crimes charged against these parties or the par
i Tie, themselves aud until the rebellion he was
mot aware that a different construction was ever
intimated. IL is the exclusive fruit OF the re-
beliOn.
In the course Of his elaborate argument Mr..
Johnson saws. As counsel for one OF the par.
ties I should esteem myself dishonOrei II At
TEMPTED 70 rescue my client from proper trial
for the offence charged against her by denying
| the jurisdiction Of the Commission upon grounds
that did not cOnscientiOusly believe TO be sound.
1 And in what have done have not more had in
view the defence of Mrs. Surrstt than the COnsti'
tuition and tine laws. In my view, in this respect
her cause is the cause of every citizen and let II
not be supposed am seeking TO secure IMMUNITY
TO any VINO may have been guilty OF the h0rrid
crimes OF the night OF the l4th oil Aprh. over
Ill. Of have
jurisdiction. and will faithfully exercise il If the
sses are romitted 70 them, and If guilt Is legally
established. will surely award the punishment
known 10 the laws God forbid that such crimes
shall 20 UNPUBLISHED. In the black catalogue oil
offences these will forever be esteemed the dark
L eat and deepest ever committed by SHINING man
And in common with the civilized world do
wish that every legal punishment may be- legally
inflicted upon all who participated in them
word more, gentlemen, and thanking you for
1 your kind attention, shall have done. As you
Il have discovered have not remarked on the evil
dsuce in the case Of Mrs. SurTatt nor Is II my
uur-ose But il Is proper that refer 70 her case
L in particular Tor a single moment. That wo-
man well educated, aud as far rs we can Judge
from all her past life, as We have II in the evil
dance devOut Christian, ever kind, ahectionate
and charitable with no motive dsclosed 10 US
that could have caused total change in her
very uatu e. could have participated in the crimes
/
such a belief can only be formed upon reason
able. uususpectiDg, Unparalleled mind by direct
ana uncontradlcted evidence coming from pure
and perfectly unsupported sources. have We
] these Is the evidence uncontradlctedt Are
the two witnesses, Weichman and Lloyd pure
and uususpected OF the pa rticulsIs Of their
evidence I say nothing. They will be brought
bef re YOU By ny assOcistes. But this conclu-
sion 10 regard to these witnesses must have, in
the minds of the court and is certainly strongly
impressed upon my own, that if the facts which
they themselves state as TO their connection ard
intimacy with Booth and Payne are true, their
knowledge Of the purpose to commit the crimes
and their participation in them, is much more
satisfactorily established than the alleged knowl'
edge and participation Of Mrs- Sunatt. As FAR
gentlemen, as / am concerned, her case Is now In
your hands.
I'm il signed by Reyerdy Johnson, and con
CURED in by Frederick A. Aiken and John W.
Clampitt, as associate counsel Tor mary +. sur
RAFT