The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-06-28

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4 martial isw q september -. ise1 Ihat procams1
boa = shs s.s -. have ss.:vss Ssc,s S thai dur
heir slde and sbssto within the United States and
N persoas yuiy Of any tsioys practice anording ad
Uuss ed s,atss shall be subject martial NV and liable
% ual and punishment By courts martial OF miiisM3
and ~. the rs q S9
are or HEREAFTER during the rebellion, shall be i'm
prsonea m any fcr &c, by any military authority orby
Thai The proclamation the osnce charged here
no naa VII, % dare, foe moment deny. Was not
ssrysa ana rrss. . enter conspiracy with them
70 XII and mard-r, within your capital and yous
army, your Iisassnsss General. and the Vice PresI
don't and the Secretary Of state, with intent thereby
% aid The rebellion and ssbvsr the constitution .nt
President could not establish court for their trial. ano
therefore Congress must r.tfy and an1rm this proclama
with M grace from the lips Of him who declared
lemnly thai neither BY the Congress nor by tho Presi
be lawfully and constutionay subjected 70 trial by any
military tribunal whether court martial miy commits
soa bat The congs did rasfy IN the exercise Of II
But after asumng and declaring with great earnestnes
In his argument that person could DO tried and con-
count martial o. military commits. ~ save those y
the land naval service In Time Of way the gentemaH
military commission must be authorized by the legis
lAtivc department. and demands, there be any such
legislation, let the statute Be produced" The statute
man must b. authorized by Congress- when the demand
for such authority Does not the gentleman therebs
authorized the trial Of all aders and abeors Of rebe
insurgents for whatever they do In aid Of such rebels
and proceedings under i are lawful and valid IhaSs
already shown that the Congress have 10 legslacd by
expressly legalisng order No ili which directed ths
comnissission Did not Congress expressly iegaze tha
order by declaring that the order shall b defence in a.
inaI, for acts done IN pursuance Of ~ No
amount Of argument could make Ibis poi,t
But, says the gentleman There be statute aathonz.
ing trials by military commission, LET be produced
BY tho act Of March 1862 4 Is provided in ssciion
murder and assault with intent 20 kill &C. when com
mitted by persons in the military service, shall b
punishable by the of court martial or milita
commission and the punishment OF such offences shs
less than those inflicted By the Avs Of tho
State or district in which they may been committed
By the thirty eighth section OF the same act Is pro-
vided that all persons who, In time OF war or rebelitr
against the United states shall DO found urfi
the United States, elsewhere, shall be trable by
military commission and shall, upon conviction suiiei
ali persons whether citizens or strangers, who in time
of rebellion shall be found acting spies, shall suffer
death COmmlkSlOn
did not the gentleman give US some argument upon hh
law We have that It was the existing law OF the
United States under the confederation Then and since
not In the land nasal forces OF the United States
have suffered death for this offence upon conviction BY
courts martial If IL was competent for Congress e
authorize their trial by MARTIAL II was eqnaly
competent for Congress TO authorize their trial
by military commission, and accordingly they have
done So BY the same authority tho Congress may
tend the Jurisdiction or military commissions over all
military oencss crimes committed in time Of rebellior
or In aid Of the public cnemy; and II certainly
81. rstt,f that wnPA
subject TO DEATH by the sentence Of a military
all persons who should be guilty merely Of
time OF rebellion though they obtained information
though they inflicted no personal injury, but were simply
gence for the enemy those who enter into conspnsy
with the enemy, not only 10 Turk az spies in YOU
camp but TO lurk there murderers and assassns AID
ton and murder upon tho COMMANDMENT. Chic
Of your army within your camp camp and an M.
manner to trial BY military commission. Csta. q
Large H. 1851 ch s. Accordingly, the President hav-
affirmed that his order was valid and that persons
acting by authority and consequently as court pro
nouncing such sentence upon e offender as the usas
Of requires justified by the law Of the lano
From the Legislation have cited, IL Is apparent tbfe
military conim ssions are expressly recognized by th5
tai offences against citizens not in the service Of IN
United States, and TO pronounce the sentence Of dea
or the commanding general in tn, field may carry such
into execution But says the gentleman, graz
all that be So Congress has not declared In what
the shall be constituted. The TO that
objection has already been anticipated in the citation
from Renet, wherein 1t appeared to be the rule q
offences 70, provided for by ths written law of the Ian
military commissions constituted for that purpoG
by tho authority of the commanding officer or TIE
the case may be, who
lects the officers Of court martial; thai
they similarly constituted and their pr
ceedings conducted according TO the same gen.
eral rules That is part Of the very lev
martial which the President proclaimed and which The
that all such offenders shall be tried by military commis
sons The Congress has cgalized the same by the g.,
which have cited and by every ntendment must b
be the rule by which they shall be tried the Congress
in affirming the act of the President simply declared thai
they should be tried according to the customs Of marital
law; that the commission should be constituted by the
Commander in Chief according to the rule OF procedure
known as martial law; and that the penalties inflicted
should be in accordance with the laws Of war and the
usages Of nations Legislation more definite than this
has been upon your statute book since tho beginning q
the century and has been held by tho Supreme Court OF
the United States valid for the punishment Of offenders
JoHNsoNs ACTIONS IN TINE SENATE
But II Is fact that must not be omitted in the reply
which make the geniemans argument, that an ef-
made by himself and others In the Senate Of the
United sta,es on tho Sd OF March last 20 cnd ne
ress, inprisnne's DC, made " order Sf&e Prede.t
the tacd Sa pursuance Of his proclamation, and o
rererse, by ne Judgment If Mai body tho lag WhicA hi
been tstre passed affirming his action, 'oh'eh actfo" ms
ENGLISH PREcrDESrs CITED
The gcntcmans argument Is full Of citations Of Eng
precedent There is a late English precedent bearing
upon this pontthe power Of the Legislature by subse
quen enactment to legaize executive orders arrests ard
imprisonment of citizensthat beg leave 10 commend
his consideration refer to the statute Of ii and ~
Victoria cb 49, entitled IAN act TO empower the Lord
Lieutenant other Chief Governor or Governors Of Ire
land to apprehcnd and detan the LIST day Of March
l849 such persons he they shall suspect OF consp
ing against her Majesys person and government passed
July 20, 1S4S, which statute In terms declares thN
all and every person and persons who Is are shall b.,
within that period within that part Of the United King
dom Of England and Ireland called Ireland a. or on tho
10 act MateSty'S
after by warrant for high treason or reasonable prac
ces suspicion Of high treason or reasonable practce
signed by the Lord Lieutenant other chief governors
governors Of Ireland the time being or MS or their
chief secretary for such aforesaid may be do
tanned In safe custody without bail or main pze unfl
The first day OF March Is4o and that Judge justice
shall bail try any such person or persons 30
without order from her Maesty's privy counsel untie
said first day Of March, 1872 any Jaw OF Statute ue
act nroyides that in cases whore persons have BEEN
before the passing Of the sc ~ OF