The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1865-06-20
THE CONSPIRACY.
The Argument Of johnson.
Jurisdiction Of the Court.

Il :"
Reverdy Jehnsen,s Argument befer,
the Conspiracy Cennississ.
Press Dispatch.l
| WASHINGTON, June l9.--Mr. Clampit
read the argument addressed to til,
President and gentlemen of the Commis
sion, signed by Hon. Reverdy johnson
and concurred in by Mr.. Frederick 4
Akin and Mr.. John M Clampitt, The
counsel for Mrs. Mary E. Surratt II
commences by saying: If the Commis
sion has jurisdiction of the cases before
it, and calling attention to the great i'm
portance Of the question, refers to the
duty of the Commission to concede it.
and declares if the Commission is unau.
thorized the act establishing it is an
usurpation of the Executive.
1t then proceeds to say that the Con.
stitution defines the powers of the Exec
utive, and provides punishment for his
violation ofthem. He possesses no pow
er beyond what the Constitution confers,
and this, when beyond authority, can
furnish no defense against legal conse-
quences of trial under it, and whatever is
done is utterly void. The commission
must therefore decide this question be-
fore pronouncing judgment, that tri-
bunal like this has no jurisdiction over
them other than as military officers If
the charter does not state crime provid-
ed for generally or specifically by any of
the articles of war, the prisoner must be
Observation-Disclosures B. 262.
Nor is it sufficient that the charge is
of q crime known to military law The
offender, when he committed it, must be
subject to military jurisdiction. The
general law has supreme and undisputa-
BILE jurisdiction over all. The military
law is solely to enforce on the soldier the
additional duties be has assumed. 1t
constitutes tribunals for the trial of
breaches of military duty only. (O'Brien
626-7)
The one called the civil embraces all
citizens, whether soldiers or other. The
military has no jurisdiction over any cit
izen as such. If the provisions of the
Constitution clearly maintain the same
doctrine, the Executive has no authori-
ty to declare war, to raise and support |
armies, to provide and maintain navy,
or to make rulers for the government
and regulators of either forces. These |
powers are exclusive in Congress
In England the King, as Generalissimo |
of the whole Kingdom, has the sole pow
er, though Parliament has frequently in
terfered and regulated for itself; but with
US it was thoug int fit to give the entire
power to Congress, since otherwise sum-
mary and severe punishment would be
inflicted. No member of the Convention
or any commentator on the Constitution
since has intimated that even this Con-
gressional power could be applied to cit
izens not belonging to the army or navy.
guard him against Executive. and. judi
With this view they adopted the fifth
amendment, which de-
clares that no person shall be held to
answer for a capital or otherwise inta-
nous crime unless on prcsentment OF a
grand jury, except in cases arising in the
land or naval forces, or in the militia
when in active service in time of war or
public danger.
This is elaborated by reference to the
highest legal authority, and the consti-
tutional questions are discussed at length.
The sixth amendment, which our fathers
thought so vital to individual liberty
when assailed by Government prosecu-
ton is nothing
In the course of his argument Mr..
Johnson said he brought forward this
question of jurisdiction only because he |
believed it to be his duty. |
He did not seek impunity to any engaged
in the horrible crime of the l4th OF
April. Over them the civil courts Of
this district had ample jurisdiction and
will faithfully exercise tiff the cases are
RENTED to them.
As to the cause of Mrs. Surratt, he re-
ferred to her as a woman who was edu-
Gated a devoted Christian, ever kind,
affectionate and charitable, with no mo-
tive disclosed to us that .ould have
caused her to participate i'll the crimes
in question He said we hac no evi-
dence, uncontradicted, showing that
she was participant.
He would say nothing Of the testlmo-
nv that would be reviewed by his asso-
ciates. As to evidence ofWeichman and
LLOYD, he said if the facts they state
are true, their knowledge of the purpose
to commit the crimes, and their partici
patton in them, are much more satistac-
torily established than the alleged
knowledge and participation of Mrs
Surratt.
Mr.. Aiken stated to the court that he
should not be prepared until Wednesday
to read his argument in case of Mrs. Sur
rart. The delay was attributable to vol
luminous evidence, previously to be ex-
amined by him,
The Argument In Behalf Of Harold.
Press Dispatoh.l
WASHINGTON, June l9.-The argument
of Stone in behalf of Harold was read,
the counsel contending that the accused
did not aid or abet in the murder OF the
President.
ButIer, Banks and Heintzelman Mus