The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1865-05-17
The Trial Of the Oonspirator.s

The Trial Of the Oonspirators
The Philadelphia Press thinks it Is deeply
to be regretted, while the nation is demanding
thorough investigation of the most ieariui
crime of history, and while Europe, sympa-
timing with our sorrow, se-echoes our detes-
tation Of its guilty authors, and our desire for
their detection and punishment, that por.
ton of the loyal press of the country should
violentlv denounce the Military Commission
which the Government has, for wise reasons,
selected for trial of the subordinate confeder-
ates of the assassins
The Press says: ~
We do not wish to enumerste Qualifications
of the course of the government. 1t is only
fair to ask for it the confidence and support of
the American people. The men who consel-
led and who are conducting this proceeding
are of the highest character. They have no
ulterior purposes to serve, and no possible
harm can result from the course they have
adopted. No one need fear that single in
nocent man will beicondemed, or that one iota
of undeseryed punishment will be inflicted.
II the general belief that PAINE attempted to
assassnate Secretary SEWARD, that HAROLD
was the accessory OF BOOTH, that ALZERoTH
was hired to assassinate President JOHNSON,
that Mrs. SURATT was an active assistant OF
the william who has already been overtaken
by retributive justice, is unfounded, their In
nocence will be as readily established before
a Military Commission as before a Criminal
Court. s4
"We hazard nothing In the prediction, how
ever, that the trial viii not merely satisfy
the country of the guilt Of the subordinate
criminals, but that 1t will establish such a rec
ord against the distant and POWERFUL instj-
gators of this fearful plot as will JUSTIFY the
mode of procedure that has been adopted.
"When the Chief Magistrate OF the nation
was stricken down before the eyes OF thous-
ands OF his fellow citizens, and when similar
fate was assigned to his successor, q state OF
public danger was developed which warranted
the authorities in using the most diligent ef-
forts to probe the hidden secrets OF the con-
epiracv, No sentimental clamor should be
needed where the world demands full histo-
nv of this gigantic crime. Those who con-
fessedly have the best information on this
subject have chosen a method Of conducting
this investigation which they have judged to
be both right and expedient; and when the
nation learns the whole story of the murder
OF ABRAHAM LINCOLN, they will approve and
applaud the measures taken to detect and pun
ish his assassins."
The New York Euening Post first started
the clamor, among the newspaper pres
against the military commission mot courl
martial) which is now trying the assassins al
Washington. A correspondent Of that paper,
taking different view from the paper itself
attempted a Justification of the course adopt.
ed by the Government, whereupon the Posi
says:
correspondent, whose temperate apology
for the administration we print In this sheet
urges that 1t would be exceedingly difficult Il
obtain Jury Ia Washington which might no
include some person who would stand GU
against q conviction Of the offenders. Sup
pose that to be so--the difficulty OF obtaining
an impartial jury is not reason for abolishinI
the trial by jury. flor any such cause as tina
to which our correspondent refers the cours'
of Justice should be INSTRUCTED, the public In
dignation could not be restrained. 1t woul'
be very unsafe proceedingfor any juror to at
tempt in this manner to protect the guilty
There would be popular tumult, and tn
culprit, If the multitude could get at him-o
II they could not, the corrupt juror who sough
to protect him-would be torn In pieces. Bet
ter so than interfere with the regular cours
of Justice. Better mob and bloodshed, whic
cannot be made a precedent, than solem
act Of the government in denial Of the frs
This seems to us a "most lame and impt
tent conclusion." 1t may be right to adhere t
the rule that guilty men had better go ur
whipped of justice than that any safeguard G
popular liberty should be invaded, but we ca
have but little respect for that kind of conse,
vatism which trusts to blind and bloody mo
to correct the evils Of law and its regular al
ministration. II, owing to the public sentI
ment at Washington, an impartial jury coul,
not be empaneled, before whom to try the cul
prits, and at whose hands Justice could be ex
pected, then we insist this Is reason enough
why an extraordinary tribunal should be sum
moned, so that the first great end Of all trial
the conviction and punishment of the guilt,
Knight be ensured.
We may be pardoned in the additional sug
gestion that the arguments urged by the Post
against the military trial Of the offenders, are
precisely in keeping, to our mind, with thos,
urged by the opponents of the war, three year
ago, against all attempt to put down gian
armed rebellion. We had endless homilie
against departing from the ordinary course O
events; against the suspension OF the habea
corpus; against "arbitary arrests" agains
conascation, arming the slaves, disregard o
State laws, and the danger to popular liberty
&C., but one answer met all these earnings
Necessity Is a lasO In itself. If these thing
are necessary to save the nation then they are
right; then they are justihable. So we say
u justice could not be secured before 1
Washington jury, but could be before mill
tary commission, then-so we think-such
commission is right, Is justiAable.