New-York daily tribune., 1865-12-21

nu der aud felony whereof you stand convicted b- skss
waccs you came to safely Kept deained until Friday,
the 9Th day OF gebrnsry and said last mentioned aay
yoa he banged By the neck nil you ore dead
The prisoner tneu rei.ied wit1 Sheriff Kelly.
SUPREME COURT-CuAaBxas-DEc 2o-Befors Justiss
LEoSAsD.
MILITARY LAw-coSTLIcT OF JURIsDIcu0N-Tm
MAIr!S BABEAs COaPCS
In ~ Robert Merin
This morning, pursuant 10 the direction OF tho
Court the prisoner Robert Martin brought nfo Cont
The prisoner rather good looking young with Highs
HAIR nus,ache and imperial, and perfectly compossa
thI oughoui the argument. .
Mr.. y O. Courtn-y appeared for the Government sn4
respects of Cen loDAeI to the wt for the puTpsse
Of presenting in full the legal question.
br Lsrocques Is important before counsel does thso
should have opportunity for consultation With the prie
ouer ASK therefore th@t the Coot pending TINS pfooseo
othri person Yonr Honor can se- the difficulty g
conmuuc ing with him while 10 10 transferred every nxns
| The Court would no, dispose Of the question.
Counse-Wiihou, consultation csuuos know whether -
| demli 10 the motion wihtbe prisoner
The Court slowed consultation with him, and couness
prisoner withdrew with Lieut. Dscol In ctsT,r OF sns
protesting the nesrness Of the oe.f the Latter wthdsv
| out Of hearing.
| The additional portion of the return 70 n follows;
And the said joseph Hooker. seduy aud l.w ally comnsn
ing a. aoe,sd for further sddiiona amended and supple.
ton to said wrt Of babcas corpus further csrthee
and that the setting he to the Cy Of Newi orr =
,here were and there beings whose nan-s are
unknown tue subscribers ind that at the time Of such nIin
tn- Condrrs,e Government "a rebel ION against te
Gov rnurnt si, authorities OF the United States
Aud further GRITTY and that at the time the sa14
N rin spy Aforesaid at the ns and place aors.
he ofc~r of the so-card Conederats Army y
the and lawful authority OF sao
United stars ard thar at nch time Aforesaid ss such ocsf
% s s.. sa% s nv. S the ssd MI
sry drss OF officer o, tho socaed Confederate Army,
tine time aud place Aforesaid found lurking sbont
land A spyo
In aid Of tie Rebellion against the United States Swon Ia
Mr. Larocque rss unwilling to denur to nuIrss
should ippesr that they embarrassed in tie discussion
Of the question b. any aets Appearing IN IT, ne might be y
Ts Court You can discus, that understanding the que
ton whetrr the by Cen Hooker in Ms return =
suieni AID the time whether any testimony sn6
on whsi plnt- Il will be neces s.ary to take.
Mi Courtney dsEiss the writ upon the demurree
That by the drurrer admitted that the prisoner
Confederate ocs and in disgaise had wf1y set hre -
honses in the night also spy. That the Presidents
hsd directed h iIs for these two o by Military Com
mission II would be ereud, doubt that these ohensoe
should be tried before civil tribunal now that the war hsA
ceased. -
but these Os-n.es military Oeuses purely, viOls-
tions Of the war; aud tisbe IN Decembe 1864 By
military ilibuua. Had ;h- hpss Of mr the Suppression
Of tie Rebellion altered the p:9nss s ,ai.. Mr GiS1.ney
martial sentence made three years after the
This act cosnzbe by military cou't one Of the
Of bee spy solely by tnat Court military
M Conr then read the act Of ie6a relative SPIES and
ueron i. held by yirae Of United States thak
ent the iurt die ion OF the State Cour,
Mr. Luocque after sluting the Great importance Of the
c.ae argued that hecs two questions in this Th
6rt vas wnchcr on simple ALE CATION Of detaner by the
President Tor military oaense person could bs held ps
oner second whether under the return made here thrre
to aiiy the des,ner rns .on, h'f D1,sacs
brought before it. Il not eaough thrt there shond be
mpe order of the President There must De re.n,r war
its face gs aud proper ground Tor he dtasf.
orders here showed no .uca thing and were attempted "a
hi on Il
Suppose or III. present. that hee could be such thu -
:Ey "e 80 .S Cs & The order in tho does ass
charge the prisoner with that It only charges him with eein
sonns for eenton There il no juri,detiou shown and
there il lsggeI nteneDt in favor Of the Presents ordss
than fnr the warrsn, Of any court
Mr. Laroc then argued that The Constitution equsy
binding all times Which provided for trial by juy thss
the military code only existed where the movement Of armies
OF where the courts of civil justice in the full excre~s
of their duties; that this was case OF srson.
The Court call your attention to the other eharse ssSoS
tho prisouertSat o; being spy, which Is cosniraoe
ali BY civil court Without Tia. should bo relieved d
much embarrassment.
Mr. Laucques-l will come 10 that
Counsel con;ended that Congress had no power 70 eass
bnna unknown Epgi.h law whenthe Cons
triton formed. IL was therefore not power
'n:. sg.fH a III: psSSss one Of f'S:
dent l.ucoln's procanstons ,.,
Eycn 4 Con srrss had the power hsd not ns.d u IN
de6,d ii, numbsr name or qualhcsons Of tie members.
th.ir n,w.r n,re of sitiina o Of the details.
TIE Corr 1T seems the only Important question:
l.ast the most inporant E whether person cns'sra IN ,nS
C 49, i,h h; sny can br iied in time Of pesce s -
20 unwhipped Of Justice A., a.. .h, h,.,.h ., a.. 49,.
nv il on " no is found lurking within the lines OF military
p,i y ~ !, w Now New York not within such Inca
ir no the act of goins into enemys country
L Nm, about to Obtain Information, and reporting ito
$50 80 ~ D,h and numbers, the act Of aspyl
Mr. LarccqueSo sir lre.Pectfaiiy deny IL. There are
lit. on The breaking Of boaties great number %
,.ans In the ga country The oense Of being spy
strictly introducing onee!f into the military lines
s.ied Places gsrrsons ships OF tho enemy Now Now
YORK never any OF these The military lines were
mayer drawn here. There sodiey, except thoss
their peaceful way TO the front.
Bnt second: person for this ofense be arrested -
Jsieta II be escape TO bis res and 10 subsequently
captured his former oense cannot be revived against him.
u again had he been arrested In the durny the war.
end pat his trial. the declaration Of peace would act ks
the repeal oi penal statute.
There where aer the return OF peace an en-
cuiy hsd punished for military ofense IL was ony
whore the prisoners In then military service sna
the jurisdiction rested on that ground. .,.
Here tbs return said nothin, Of orfe:s OF
before Sepeaber 1865, and thcrc was no n'enah'
il out. ,..,. ,, A.
10 return TO the crime Of arson, " this was done at The
prisoners own nssaton then was en- onense asaihs shs
avs of the State OF NewYok wich tnry were oounu %
The courts of this State were open to punish nn
Ii done nv the direction OF his sup rIor enctts e
called Confederate army, then II the higher crime 81
as,n snd "a. door. OF United Saes courts stood opco
lion hut that provided that man should DC convicted ot -
inlfnons crime except after a trial by Jury. , -
Mir Courtney then sDmued shortly ior the 6oyenmsuS
ser which the Ceui adjourned the to the 2ssh nst