Weekly Delaware State journal and statesman., 1865-06-30
REvERDY JoHNsoN,s ARGUMENT

Tbs New Herald says that il does not consider
Mr.. Johnson's argument against the jurisdiction
OF the Military Commission worth publishing al
this time, but makes some excellent points which
we copy; 1919 .iua l'iii q
lga 1t willbe remembered that when one of the
Commission objected to his presence in court. Mlr
johnson insisted upon being heard as counsel
II the court has not jurisdiction, he might then
have reterted that be had as much right TO be
there as the commissioners. thus raising the
point Of unoonstitntionslity, and selzing an op-
portunlty te press his argument with greater
force than 1t can possibly have at present, when
the evidence ia all in and the prisoners, with one
OF two exceptions, are already practically con
victed. BY his delay Mr. johnson has given
his argument the appearance of lame effort to
rescue bis client from what he knows to he
certain verdict Of guilty.
Divesied Of all verbisge and Of the countless
authorities and Illustrations by which il Is sup
ported, Mr. Johnson's argument is simply this
that the present military commission Is uncon-
slitutioual because 1t conflicts with the fifth
amendment Of the Constitution, which provides
that 'no person shall be held 10 answer for a
| capital or otherwise infamous crime unless on a
presentment or indictment OF grand jury, er-
cept in cases arising in the land or naval forces.
or In the militia when in active service In time
| OF war or public danger" Senator johnson
argued precisely this same point against military
tribunals before the Senate during a debate
upon the night Of sd of March last few hours
before Ar. Lincoln's Inauguration. Several OF
tho radical Senators then supported him but
the majority were against him. II, then, the
Military Commission shall decide that it is con
stituhonoily convened and has Jurisdiction over
I The prisoners at the bar 1t will be sustained by
no less a body than the Senate of the Unitst
States. The President Of COURSE susialns II,
since Il was assembled by his order. Whom we
consider thst the vioiim Of the assassination was
the Commander In Chief Of our army and navy
that the assassination occurred In a city thea
under martial law, and encompassed by forts
and sentlnsls; that the asssssins are proven to
be tbs agents OF a conspiracy Ct which JEFF
Davis Was the head that these agents were tie
representatives. and instruments of an armed
rebellion, In whose service and for whose interest
they acted, and that blank rebel commissions
had actualy been provided for soms of them, We
see that the Judge Advocate General will have
no difficulty in showing that their case ia fully
covered by the constitutional amehdmeut which
Mr.. Reverdy johnson quotes. The people, who
are, after sill, the supreme arbiters, are already
sstshed, not only Of the guilt Of most Of the
accused. but Of the constiiuiiOnality of 6
tribunal which has proven more eficacious than
any civil court could possibly be 10 tracing al
the ramlfcations of q gigantic conspiracy, aud
In sweeping aside all those qubbes by which
such pettifoggers as Sanders and Company
always endesyor to defeat the ends of justice.