Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-06-23

Ings OF the Prosecuftou-a Powerfu !
pea.
Mr. Csmpit, read the argument addressed 10
the President and gentlemen Of the Commission.
signed by Hon Reverdy Johnson. and concurrsd
in by Mr. Frederick A Aiken and Mr.. John w.
Clsmpitt, as associate counsel FOR AIRS Mary +.
surrstt
Ia commences BY saving. has the Com mission
Jurisdiction of the cases before it That ques-
ton. in al eoarts, civil, criminal, or military,
must be considered and answered Ahirmatiyely
before Judgment can be pronounced, aud II must
be answered correctly, or the judgment pro-
nouDced is void. Ever interesting and vital
inquiry, IL ID Of sngrossiDg interest aud awful
Importance when error may lead 10 the unauthor-
lied taking of human life. In such case the
court called upon TO render and the officer who
il to approve. It's judgment and have Il executed.
have q concern peculiar TO themselves. As TO
each. q responsibility is involved which, however
conscientiously and firmly met. is calculated.
and cannot fail. to awaken great sOlici,ude aud
induce The most mature consideration
The nature of the duty is such that even hon
est error affords 10 impunity The legal per.
sonal consequence even in case of honest mis-
taken iudgmen. cannot be avoided Every mem.
Der composing TIE commission will meet all the
responsibility that belongs 20 IL a. becomes gen.
llemen and soldiers 50 FAR the question Of ju
risdictIor has not been discussed. The pleas
which specially presented IL, AZ seon fled.
we're overruIed But that will not, because prop
erly il shonld DOT. prevent the commission from
considering il with the deliberation which its
grave nature demands. IL was for them 10 de-
eide IL. and at this time for them alone The
commission under which they acting does
MT nd could not dacidp unauthorized
il 10 mere nullity-the usurpation OF power
not vested in the executive, and comforting no
sashority upon them. To hold otherwise would
be 10 make the executive the exclusive and con-
elusive Judge of its own powers and that would
be TO make that department Omnipotent The
powers Of the President under the Constitution
are great, are amply sufficient 10 give all nneded
efficiency TO the office The conventions that
formed the Constitution, and the people who
adopted il. considered these powers sufficient and
granted no others. In the minds of both land
subsequent events have served to strengthen the
impression) danger to liberty Is more to be
dreaded from the executive than from any other
department of the Government so far, there
fore from meaning 10 extend 80 powers beyond
what was deemed necessary 10 the wholesome
operation OF the Govern clent. they we're studi
Gus to place them beyond the reach of abuse.
With this view, before entering on tho execution
oath to . faithfully discharge its duties aud 10
the best of bis ability preserve. protect and de
fend the Constitution Of the United States Tic
s also liable to be removed from Office on IN
parchment for and conviction of treason bribery
other high crimes and misdemeanOrs. Ii he
violates tue Con=titution II he fails 10 preserve
ia. and. above all he usuTps powers not granted
he is false 10 his official oath aud liable To %
indicted and convicted, and TO be imprisoned
For such onense his removal from stfice is th,
necessary consequence. la such q contingency
Z" he shall be removed il the command of the
Constitution. What stronger evidence could
there be that his powers all Of them. in peace
and IN war. only such the Constitution
confers But If this was not evident
from the instrument itself. the character Of
the men who composed the Convention that
framed the Constitution and the spirit OF the
American people at that period would prove il
Hatred of monarchy, made the more intense
by the conduct OF the monarch from whose gov
srnment they had recently separated, aud deeI
seated love for constitutional liberty, mace the
more keen and active bv the sacrifices which hac
illustrated their revolutionary career, constituted
them people who could never DC induced 70
delegate any executive authority not carefully
restricted and guarded 50 Es 10 render It's abuses
or usurpation almost impossible. Ii these Oh.
servations are well founded. il follows that an
exclusive act beyond executive authority can
furnish NO defense against the legal consequences
Of what is done under IT, Unless jurisdiction
exists, the authority TO try does not exist, and
whatever is done is cOram non JUDGE and utterly
void. This doctrine il as applicable 30 military
az TO other courts The question then. being al
ways open, and is proper decisions essential TO
the validity Of It's Judgment. the Commission
must decide before pronouncing such judgment
whether IL has Jurisdiction over these parties and
iha faI -.
this has no jurisdiction over other than mill AIRY
onenses, ID believed 10 be evident That OF
lenses defined and punished by the civil law are
not subjects OF military jurisdiction. is of course
true. A military, IA eontTsdistinguished from 4
civil ofeDse. must therefore be made 10 appear,
and when it is, is must also appear that the mill
tsry law provides for its trial and punishment by
q military tribunal If that law does fur
Dish mode Of trial or sfhI a punishment. the
case Is unprovided for and. as TAR as the military
power - concerned. ~ TO 60 uDpunished. But as
either the civil. common or statute law embraces
every species OF offense that the United States
the States have deemed IL necessary 10 pun
ish, IN all such cases the civil courts are clothed
with every necessary jurisdiction. In military
court. IL the charge does not state 4 crime pro
vided for generally or specifically BY any Ot the
articles OF war" the prisoner must be discharged
20. Brien, D 235 Nor il il sufficient that the
The offender, when he commits II, must DE sub
jeet to military jurisdiction The general law
has supreme and undispuied jurisdiction over
all. lThe military las puts forth no such pre-
tension: 10 aims solely TO enforce on the soldier
the additional duties he has assumed Ii cons,i-
tutes tribunals for the trd of breaches of mil,
tary duty only" %. Brien. 90. q
The one code the civil embraces all ciu-
rene whether soldiers not: the other the
military has no Jurisdiction over any citirsn az
such. "-Ib
The provisions Of the Constitution clearly
maintain the same doctrine The Executive has
authority TO declare var. To raise and support
armies, 70 provide and msintsin q navy, or TO
make rules for the government aud regulation OF
either force. Those powers are exclusively in
Congress. The army cannot be raised or have
Law for is government and regulation. except as
Congress shall provide The power OF Congress.
vas granted by The Convention without objection
In England the King. as the gensralissi mo OF the
whole Kingdom. has the sole pswer though Par
lament has frequently interposed and regulated
FOR itself. Bot with u IL was thought safest TO
give the entire power 10 Congress. since other
wise summary and severe punishment night be
Inflicted ~ the mere will Of the Executive ,
story Com Sec 1872 No member Of the
convention. Or any commentator on the Coust
sasi0n. since hss intuated that even this Con
gressional power could be applied t. citizens not
oeionsing 70 the army or navy The power
given 20 CoagFes, : 10 make rules for the gov
err nenI and regulation Of tue land and naval
forces NO artihce OF ingenuity can make these
words uce those VITO DO not belong 20 tn,
MI ~