Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1865-07-01

Hon. Edwin M. Stanton, Secretary Of War, Washing
ton, u. c
SIR: | have the honor to acknowledge the
receipt Of your communication Of the 9th
inst, requesting me to Require of the civil
officers OF Detroit, Michigan, to turn over to
the military authorities at that place. in order
that they may at orce be brought to trial be
foro courtmariial, Lieutenant John A
Schwartz and Lieutenant Arthur C. Ellis. of
the I'd RegimentlV Veteran Reserve Corps, who
are charged with the homicide of one Wassc.
hack driver
The facts in the case, as they have been
represented TO me, are substantially these
A number of officers, on the night of the
homicide, we're absent from the barracks
either on leave Of absence or otherwise, and
not on duty, and we're in a drinking saloon
very late at night While there, they made
some arrangements with TIE hackman refer
red to, to carry them to the brracks, and al
terward declined goi ug. The hackman de-
INJURED at this, and became abusive, and
gathered together Il number Of other hack.
men, threatening the officers AT this, the
officers went to Firemans Hall, where a guard
OF soldiers were stationed, and, without hav-
ing any right to do so, ordered them into the
street, where some difficulty occurred be.
tween the soldiers and hackmen The one
who was shot Jumped upon his hack and at
tempted to drive of, when some one gave the
soldiers orders to fire on him, which they did
and he was shot from his seat and died soon
after. As understand the affair, the officers
had no business to call out the guard. as it
was not under their control, and the soldiers
had 10 right to obey them, under the circum-
Stances. 1t was, in fact, nothing more than
street row.
| These Leutenanis, together with private
Bachelor, and FIVE Others are now held in
custody by regular process of a court having
Jurisdiction, charged with the murder of said
Wasso, and the trial Of the case is set down
in the Recorders Court of the city cf Detroit,
tor Monday the 18th inst,
Your request for the transfer Of these uen
from the Gust Jdy OF the civil officers of the
State to the military authorities at Detroit,
necessarily involves two considerations Have
] the power to comply with the request; and
if so, would the exercise be polite and wise ?
| do not propose in this communication to
argue this questions, nor i; necessary that
l should do SO, bot simply to state very plainly
the ground upon which | must decline to in.
terfere in this case with the due administration
of the civil laws of the State.
Although it be admitted that these parties
we're and are oticeTa ia the military service of
the United States, yet at the time Of the com,
mission OF the alleged oifense by them, neither
of them were in discharge of military duty.
The homicide was committed, not within the
limits of the camp, bat in the streets of the
peaceful city Of Detroit; and in no sense, and
TO no extent, is this unfortunate affair con-
nected with the army beyond the simple fact
that the accused we're at the time within the
military service of the United States. 1t was
not an offense against the peace and soyer
eighty of the United States, but against those
of the State Of Michigan.
Any principle or construction that would
exempt these men from accountability TO the
State of Michigan, would exempt any person
in the military service of the General Gov
ernment from accountability to the civil gov
ernment for crimes committed anywhere with
in the length and breadth Of the United States
Whether the provisions Of the act of Con,
gress, approved March 3, 1863, embrace Of
Z fences committed by persons who may be in
) the military service OF the United States, bu
! who, at the time of such commission, are no
! engaged on military duty, is e point which
l it is unnecessary for me to discuss or decide
Concedng, however, that it does SO apply
il is perfectly plain to my mind that military
elusive jurisdiction of certain crimes, (amonl
which are murder and manslaughter) wher
committed by persons in the military services
D 1t never could have been the intention o
Congress that in time of war, insurrection O.
rebellion, each and every person in the mill
: tary service OF the United States, and subiec
to the articles OF var, should not be exempted
, from responsibility to the civil tribunals o
y the country for the crimea committed nv hin
o away from camps, and under circu ms a a cel
in no way connected with the discharge o
military duties
But suppose | should deem it expedient I,
% grant your request to the effect that l IRE
g quire of the civil officers Of Detroit Michigan
to turn over to the military authorities at tha
n place, in order that they may bs at ono,
brought TO trial before court martial" I" thes
parties, | can not find that | have any powe
under the Constitution and laws of this Stat
d 10 comply with such request The accuse,
are in the custody Of the law, and with il
administration, the Executive can in no wa
's interfere His power is limited to that O
!, pardon, which can not be e1erc sed only alte
conviction. lie can not even direct or ia
stFuct prosecuting officer to enter a noll
a Prosequf, aud he can in no way interfere wit
70 the custody, prose suton and trial OF the az
y cused.
~ In view OF ell the facts in thii case, il doe
appear TO me that have no power TO eompl
with your request, and that IL l had such pow
2, er its exercise would be impoliiic aud unWs,
le But supposing il be true that the auihorit
re Of the military tribunals OF the United State
'' is exclusive, then the accused have, throug
"a the ordinary course OF judicial proceeding
perfect defense of their prosecution BY ID