The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1865-07-18
Gov. CrapO's Letter to Mr.. Stanton
State sf Michigan, Executive Ofiics.l
.l..|l Ei;.t f.,o. x ISEs

/. '9-U. Flint June IS. 1865.
To Hon. E. M. stopton, See. Of War. Washing
tou. ID. O. lGs,.,.,... .i4,sge.
SIR:-I have the honor to acknowl-
edge the receipt of your communica-
ton of the 5th instant, requesting me
to "require, the civil oflicersof Detroit,
Michigan, to turn over to the military
authorities at that place, in order that
they may at once be brought to trial
before a court martial, Lieut.. Jchn A.
Schwartz and Lieut.. Arthur G. Ellis,
of the I'd regiment veteran reserve
corps, who are charged with the homi-
eide of one Wasso, hack driver"
The facts in the case as they have
been represented to me, are substan-
TALLY these ~
A number of officers on the night of
the homicide were absent from the bar
racks, either ou leave of absence or
otherwise, and not on duty, and were
in a drinking saloon very late in the
night. While there they made some
arrangement with the hackman. refer
red to, to carry them to the barracks,
and afterwards declined going. The
hackman demurred at this and became
abusive, and gathered together num-
ber of other hackmen, threatening the
At this tho officers. AT this the Off
GERS went to Firemcn's Hall, where a
guard of soldiers were stationed, and,
without having any right to do so, or
dered them into the street, where some
difficulty occurred between the sol
diers and hackmen. The one who was
shot jumped upon his hack and at
tempted to drive off, when some one
gave the soldiers orders to fire on lin,
which they did, and he was shot from
his seat and died soon after. AS un-
derstand the affair, the officers had no
business to call out the guard, as it
was not under their control, and the
soldiers had no right to obey them, un-
der the circumstances. 1t was, in tact,
nothing more than street row.
Thes Lieutenants, together with pri-
vate Bachelor and five others, are now
held in custody by regular process of a
court having full jurisdiction, charged
with the murder of said Wasso, and
the trial of the case is set down i'm the
Recorders court of the city of De-
troit, for Monday, the 10th inst. l.h
Your request for the transfer of
these men from the custody Of the CIV
il officers of the State to the military
authorities at Detroit, necessarily in
wolves two considerations Have l
power to comply with the request; and
if SO, would its exercise be polite and
wise?
do not propose in this communica-
ton to argdesthese questions, nor is it
necessary that I should do so, but sim
ply to slate very briefly the grounds
upon which must decline to Interfere
in this case with the due administra-
ton of the civil laws of the State,
Although it be admitted that these
parties were and are officers in the
military service of the United States,
yet at the time of the commission of
of the alleged offense by them, neither
of them were in discharge of military
duty. The homicide was committed,
not within the limits of the camp, but
but in she streets of the peaceful city
of Detroit; and in no sense, and to no
extent, in this unfortunate affair con-
nected with the army beyond the SIM
pie fact that the accused were at that
time i'm the service of the United
States. It was not an offense against
the peace and sovereignty of the Unit
cd States, but against those of the
State of Michigan.
Any principle or construction of law
which would exempt these men from
accountability to the State of Michi-
gau would exempt any person Ill the
military service of the general govern
ment for crime committed anywhere
within the length and breadth Of the
| United States.
Whether the provisions of the act OF
Congress, approved March Sd, 1868,
embraces ofienses committed by per-
sons who may be in the military sor-
vice of the United States, but who at
the time Of such commission are not
engaged on military duty, is a point
which it is unnecessary for me to dis
cuss or decide,
Conceding, however, that it does so
apply, it is perfectly ylain to my mind
that military, courts are not by law in
vested with the exclusive jurisdiction
of certain crimes, (among which are
murder and manslaughter,) when COM
mitted by persons i'll the military SER
vice.
1t never could have been the intent
ion of Congress that in time of war,
insurrection or rebellion, each and eve
ry person in the military service of the
United States, and subject to the artic-
les of war, should be exempted from
responsibility to the civil tribunals of
the country for the crimes committed
by him away from camps, and under
circumstances in no way connected
with the discharge of military duties.
But suppose l should deem it expe-
dient to gront your request to the ef-
feet that 1 "reqiiire the civil officers of
Detroit, Michigan, to turn over to the
military authorities at that place, in or
der that they may at once be brought
to trial before q court-martial," these
parties. Icansot find that have any
power under the Constitution and the
laws of this State to comply with such
request. The accused are in the Gus
tody of the law, and with its admins.
tration the Executive oan in no way
interfere. His power is limited to that
of pardon, which oan be exercised only
after conviction. He cannot even di.
| ,oot o, ;cstr,,ot n prooacutiuor officer m