, 1865-05-16
Chicago Gribnnt.
TUESDAY, MAY 16, 1865.


We are not among those who presume, In
The absence Of proof, that public officer, OF
Eooo standing and repute in the discharge OF
nus duties, is fool or knaye. It Is reason
ap1e 10 suppose, In any state Of facts not
1nuy communicated 10 the public, that sub
stratum OF loyalty and comm IN sense may lie
somewhere under, the ample machinery Of a
Government like ours. Tie frenzled editor;
ais of a portion of the New York press on the
subject Of ~the s0ret trial !" remind us Of
the conru1sions Of the same parties when
Mcclellan vas on the Chickahominy with m
army Of ia. .ooorobust TROOPS, calling on
the fresldent Tor more men, and the New
4otE nahfes we're roaring in chorus aeaiust
Mr. STANTON Tor not sending them. We hare
selaom read anything more vindictlve than
1he articles OF The New York Ho,1d and lri5-
efs'e against the Secretary Of War, in connec.
tfcn with the tri&1 Of the assassins of thu
President. Whether grounded upon jgnor-
ancc or malice, they arc alike disrcputsb!e.
i secret trial for capital offeuse is contrary
10 The spirit Of American institutions. So fir
rs the principle is involved 1t is subject for !
;atr criticism, but not for personal attack, or
that blind dcnurciation which usua1ly mark.
zeal without knowledge.
VIZ a4V AAAASA4Ac0 41oA AuE btSL GNtNOtlLy
thct the facte in regard to tic secret trial arc
these: The court having been duly consti-
tutcd and the prisoners brought before them,
The authority OF the Secrutsry Of War in the |
premises ceased The mode Of conducting
the t:ial Eas thing to BE- determined BY the |
court itsei. Judge Advocate General Holt |
and his assistant. Mr.. Bingham, placed before |
the court certain facts, upon which they |
moved that ns to certain Witnesses, who |
claimed tic protection Of the Government |
against their own assassination, tho trial be,
conducted with closed doors. What weight |
shou1d he attached to such testimony is for |
tho court to determine. It is suf3:ic that |
the witnesses made secrecy q condition of |
their tcstifying ut al. They claimed to be |
in possession Of evidence OF the highest i'm |
p3rtance, End It WAS certainly desirable that |
that evidence should be given to the Courtf3r |
what It Eas WORTH. Thereupon the Court /
made IN order that the trial should be con-
du:ted IN secret rs to those witnesses.
Whether good or bad, Mr.. Stanton had moth
Ing to"do with It We presume that he |
approves 1t In his private Judgment, a. Ne do
upon this showing. # 1t be granted that |
these conspirators we're triable by The sum-
mary process Of military court, the pro.
priety Of protecting the witnesses in xhv
manner proposed is manifest. The greater
includes the less. undoub.Tdly It Toa!d be
much better If the whole trial could be Oman.
but the Witnesses, aud not the Government.
require that 1t should be secret Us regards
themselves.
If The Assassin and his accompli:ss were
Ia league with the rebel government, OF with
individual rebels, or were themselves rebele.
havIrg committed their horrld crime while
Wnr existed, We think that the prisoners NAV
be properly tried by . military tribunal AZ
persons aiding or corresponding with the en-.
cmy, OF us disguised persons Improperly
within onf lines. Tie 51st and 52L articles
OF war, enacted almost contempotaneously
Eith the adoption Of that amendment Of the
Constttution guaranteeing to the cI.i-
zen the right Of trial By Jury,
apply TO their cases exactly. aud make
them liable to trial By court-martial. It isto
be presumed that tie Congress of 1906 uu-
derstood the true purport OF clause of the
Constitution adopted only a few years be-
fore they revised the articles Of war, and mt
them In their existing form. At all events
we think thai the opinion of Attorney Gen
eral Speed upon this point is entitled to some
weight, and that h. will not suffer greatly in
The public estimation by the coarse abuse
leaped upon him by the New York 75i1uoe,
~-ihe Tribune and the Ford have hunted
IN couples. as organs Of peace, fer long
time. 1t Is fitting that they should be found |
together vilifyiag the Judge Ad6pcate Gene
raj, the Secretary Of War, the ktorney Gen.
-al. the officers composing tie Court, the |
President Of the United States, and in gene
Nd +h1 $c