Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1865-05-19

1t is fact worthy Of notice, that many
of the Republican joumals--papers which
have ably and zealously supported the
war policy of the Administration--are
taking strong and decided ground against
the trial Of offenders against the civil laws
by Military Commissions, and especially
secret trials. This, under ordinary cir
cumstances, would be a good omen, but
as matters are now conducted, it is scarce
ly probable that the efforts of these jour
nails will be of any avail. We copy the
following sensible article from the Uincn-
natl Times, Of the 18th inst, which also
embodies the views of that fanaticnl alb
clifton organ, the New York Evening
POST
THE MURDER TRIALS.
al will make star chamber matter Of it"-(Socre.
! tary Stanton.
| We are fully persuaded that the Govern
ment has made n mistake in the mode OF trial
arranged for he assassins of the President
A military court--which is Mt best of doubt
ful legality, and in any event odious TO the
people and 10 the forms of republcanism-
was bad enough; but u military court with
closed doors is calculated TO break the force
of oil its proceedings, to insult the good sense
and loyalty Of the nation, and to exhibit an
indecent disregard Of the opinion Of the
world.
The Constitution declares, and the provis-
ION has never been repealed, that mo person
shall be held to answer for a capital or other
wise Infamous crime unless on "A presentment
or indictment of a grand jury, except in ca
ses arising in the land or naval forces, or in
the militia, when in actual service, in time Of
war or public danger
Now, we have the authority Of the Presi-
dent for declnriug that 'the war is practically
at an end," and that the rebellion is virtually
overcome" The civil courts Hre in perfect
authority and there chn be no reason for u
Military Commission where such plain pro-
visions are laid down aud such practical and
ready means, in accordance with custom and
precedent, are at hand. The necessity for a
public trial is thus summed up by the New
York Evening Post Tho Post, like the
Times, Tribune and World, is decidedly OPP
posed to the whole plan, and in connection
with those Journals, has entered several very
able protests We quote from its leader OF
Thursday:
We want public trial, because il is due to
TO the people at home, to the people OF the
South, and TO the people OF foreign nations,
that their judgments be satisfied OF the entire
fairness and justice Of the procedure. III the
fate of Payne, Aizerolh aud the other wretch
es depended upon it only, it would still be a
matter of some Importance, but not 80 much
importance as it ID in other relations. Our
government, on the strength OF evidence
drawn from the confession OF these offenders,
and from the witnesses TO be used in this trial
has proclaimed to the world the completely
of Jefferson Davis, Thompson, Clay, Tucker,
Sanders aud Cleary, in tho awful murder Of
Mr.. Lincoln. 1t is u charge that must be fully
sustained not TO recCil unpleasantly or inju'
lriousIy upon the heads of its authors The
proof of it must be ample, direct, unequlVo'
lcal. of u kind to convince the general mind
to Justify the issuing of such o proclamation.
If il be deficient, doubtful, indirect, or liable
to the suspicion Of having been procured
and manipulated for effect, we shall have put
weapons into the hands of the friends oi
those distinguished Rebels, to be welded in
aid for their cause and in sympathy for their
persons. For ourselves we have little doubt
, that the proof is complete and satisfactory
but it must be given to the public also in the
most complete and satisfactory way.
There are fifty objections TO this Military
COMMISSION 1t is illegal. It's unnecessary
1t is not polite 1t is not right lts dan
l gerous. The judicial officers Of the land are
: fully competent to try civil oifensos, and sol
diefs, except on the battle field, are ont Of
place in a great Republic The judges have
: the public confidence the officers also
have our trust and love in their own sphere
but not out OF it. Swords, not pens, arC
their weapons
:, 1t would be very wise for the President te
order change to be made in thisl matter
and turn these bloody criminals over TO the
l civil courts, which will deal with them al
G sternly and as impartally as any tribunal il
IL