, 1865-06-28

STATE or A1cn1GAs, EXECUTIVE oFncE, [
FLINT. June Is, 1865.
Bon. Edwin Il Stanton, Secretary Of War. Wash.
tnEson, D. G.:
Sill have the henor to acknowledge the
receipt OF your communication ot the 5th
inst, requesting me to .trequire the c1ril Of
accrs Of Detroit, Michigan, to turn over to
tue military authorities at that place, IN or
der that they may at once be brought to
trtsl before court martial, Lieut.. John 4.
Schwartz and Lieut.. Arthur c. Ellis, Of the
I'd Regiment Veteran Reserve Corps, who arc
hack driver"
The facts in this case. as they have been
represented TO me. are substantially these:
4 number Of ciIiceFs on the night Of the
homicide were absent from the barracks.
either Tn leaye Of abfenct or otherwise, aud
not on duty, and were In drinking saioon
very late in the night While there they
made some arrangements with the hackman
referred to, to carIy them to the barracks,
ard aftcEward declined going. The hack
man demur1td at this and became abusive.
and gathered together 8 number of other
taek1nen, threatening the officers. At this
tie officers vent to Firemau's Hall, where a
gua1d Of soldiers we're stationed. and, With
out having any right to do 20, ordered them
into the street, where some difficulty occur
red between the soldiers aud hackmeu. The
one who WIS shot tnmp.d upon his hack
mud attempted to drive of, when some one
sare tle soldiers orders to Ore On him. which
died socn cfter. A. I understand the affair,
the officers lad no business to call ont the
guard, as it Vas not under their control, aud
the soldiers had no right to obey them, un-
DIR the circumstance. It was, In fact, moth.
ipg more than a street row.
These llentenants, torether with private
Facheldor, and five others, are now held in
custody By regular p.ocess Of court having
fill jpEtsd:ctlon, charged with the murder Of
said Wasso, and the trial offbe case fs set
down in the Recorders Court OF the city Of
Detroit, for Monday. the 18th inst
Yonr request for The transter Of these men
frtm the custody Of The civi1 officers OF the
| State 10 The mililary authorities at Detroit,
necessarily INVOLVES two considerations:
| Have the power to comply vi h the re-
4nest ard II 50. woult the exercise BE- polite
| and wire.
! / do not propose in this communication to
| argue these questions, nor is It. necessary that
should do 50, but simply 10 Etatc very
plainly t gro -nds upon which muss de-
cline to inItriere in ibis case With the due
standardization Of the civif laws Of the State.
Although II be admitted that these parties
were and arc officers In the military service
Of the United States, get at the time Of the
ctmuisslon OF the al1tged ot1tnse by them,
| neither Of them were in discharge Of military
duty. The homicide was committed, not
within The limits Of the camp. but Ia the
streets Of the peaceful city Of Detroit; and
| 1unatt affair connected with the army be-
.ond the simple fact that TIC accused were
II tlnt time within the military ecrrjce oI
the United States. 1t was not IN ofense
against the peace and sovereignty Of the
United states, but against those Of the State
Of Michigan.
Any princlp!c or construction that would
exempt these mtn from accountability to the
| State Of Michigan, would exempt Rny persou
in the military serrtc. Of the gene 'nl Govern,
ment from accountability to the civil govern
ment for crime committed anywhere within
the length and breadth Of the United States
Whethe1 the provisions Of the act Of Con
gzess, approved March Sd. 1858, embrace Of
lenses Committed bJ persons who may be IN
the military service Of the United States, bui
who at The time Of snch commission are moi
engaged on military duty, Is point which il
Is unnecessary for re to discuss or decide.
Concedlnc. however that 1t does 30 apply
It 10 perfectly plain to my mind that military
courts are not By law invested with the a
caasirt }urltolctiou Of ce1taln crimes, {amone
which are murder ard Inanalaughter) when
committed by persons in the military ser
vice.
It never could hare been the intention O.
Congress that In time Of Kar, insufrecrion Of
rebellion, each and every person In tho mill
ta1y service Of the United States, and sub
jcct to the articles Of war, should not be ex
rmptt from responsibility to the civil tsibu
rals Of the country for the crimes committee
a'y him aWsy from camps, and under cisr1m
Stances in no way connected with the dis
charge OF military dnticA.
But suppoee shonld deem It eIpedlcnt t:
grant yonr request 70 the effect that "re.
| qu1re Ct the civn officers Of Detroit, MicAi
gan. to turn oyer TO the military authorities
at that place. In order that they may be al
! once brought to trial before conrt martial
these parties, cannot find that have an5
power Under the Constitution and laws o,
this State to comply with such zequeat~ Tht
accused are N the custody Of the law, aud
with its standardization the Executive eau il
10 way INTERFERE His power Is limited *
that Of pardon, which can he exercised onl,
a1aer conviction. He cannot even direct o.
instruct prosecuting officer to enter no1
prostQus, aud he can In no way interfere witt
The custody, prosecution and trial OF the .
cuEed.
In view of Ill the facts in this Gaze, It does
appear to lie that hare no power to can,
ply with Jour request, and that If I had such
power its exercise wonld be Impo1itic aud
upwise-
But suppos'pR It be t1ne that the authorl.
II Of the military tribunals of the United
S'Rtes Is exclusive, then the accused have,
through the ordinary course of judicial pro-
ceedfrgf, q perfect defense to their prosecu.
tlon b. the State Of Michigan. They can
pleaa this specially, OF In some wny bring it
before the court and II the position ia sound
their release Ia aesured-
Should It be feared, as intlmated In your
communication, that In this case fair and
impartial t,tal c:nrot be had before the civil
tribunal. would say Tint resy liberal pro-
Tisions hare l'een made under our statutes in
reference to the selection Of Jurors; the
Court In which the trial is had may grant 4
| new trial; and after conviction, the defend
nrtf, II they consider themselves ascriered
by mug opinion, direction or Judgment of tho
! Cour1, may bring erroE.
| Declining therefore, to take any part in
! this 1nAtter,
lam, VERT respectfully, yours, &C.,