New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-06-20
nAS THE COURT JURISDICTION /
Mr. STONES DEFENSE OF HAROLD
a Plea for Arnold and 0'Laughlin

WASHINGTON, Monday. june 10, 1865.

- ~ dasd Of Mr. Surrstt The delay was attributable
- the volumipous evidence previously 10 be examined
THE PLEA AGAINST JURISDICTION.
Mr. Clamptt, with the consent Of the Court. then
ysocesded 70 read the argument on the plea OF ursdic
n commences BY asking, has the Commission juris
uction Of the cases before itf That question in al
sourts civil criminal and military must BE- considered
and answered strmatvely before judgment can oe pro
souuced and it be answered correctly or the judg
pent pronounced is void. Ever an interesting ant
vital inquiry IL Is OF engrossing interest and awful I'm
Dortanoe when error may lead to the nnauinoriSec
kAking Of life.
In such case the Cont called upon to render and
The officer who is TO approve its udg and nave IL
executed. have concern peculiar 70 themseives AS
90 each responsibility Is involved which however
oopsclentlously and firmly met IL calculated and can
not fail awaken gres s0cltude aid Induce Tue most
nature consideration The nature OF the duty sucn
that even honest error affords no mpunity. The legal
personal even in case of honest mistaken
Judgment cannot be- avoided Every member coinpos,
Ing the commission will meet all the responsibility that
heSongr to il becomes gentlemen and soldiers. 80
Gar the question of Jurisdiction has not been discussed
The pleas which specially presented 1t, as soon a.
Aaed we're overruled. But that will not because
Yroperly it should the commission from
considering II with the deberaton which Its grave ma
sure demands. 1t was for them TO decide IT, ana az
chs time for them alone. The commission under which
tAey are acting does not and conld not decide II.
unauthorized. it is mere nuitythe usurpatlon OF a
bower not vested In the Executive and conferlng nc
suthority upon them. To hold otherwise would be u
make the Executive the exclusive and conclusive Judge
q powers and that would be 70 make that de-
paytment omnpotent The powers OF the President
under the Constitution are great are amply suicient
% give all needed efficiency 10 the ONCE.
The Convention that framed the Constitution, and
The people who adopted It. considered these powers SUI
1cient and granted no others In the minds or both
land events have ed to the
1uession danger to liberty is more " be dreaded from
the Executive than from any other Department OF the
Government So far therefore from aning 10 extend
n powers beyond what vas deemed necessary to the
wholesome operation Of the Government, they were
studous TO place them beyond the reach OF abuse
Cha view before entering the execution Of his Office,
che President required to take an oath to faithfully
discharge duties and TO toe best OF bis ability pre-.
sre protect and defend the Constitution OF the United
6satesb He is also liable Ito be removed from Office
@ impeachment for and conviction of treason bribery.
q other high crimes and misdemesnors."
be violates the Constitution. if he fails to preserve
n and above all II he usnrps powers not granted he
. false bis official vote, and liable TO be indicted ana
convicted, and to be imprisoned For such an ohense
1' from oe y me a ss T. III.
command of the Constitutions What stronger EVIL
lence could there be that bis powers. all oil fbem IN
peace and in war are only suoh as the CONSTITUTION
ent ITSELF the character OF the men who composed tins
Cony ention that framed the Constitution and the spirit
Of the American people at that period would prove It,
Hatred of . monarchy made the more intense by the
conduct Of the monarch from whose government they
lad recently separated and deepse love OF con
stitutioDa Liberty, made the more keen and active ty
Abe sacrifices which had Illustrated their revolutionary
career constituted them people who could never be
induced TO delegate any executive aufhorty mol care
fuy restricted and guarded as ~ render its abuse
ar usurpatOn almost impossible III these observations
are well founded. il follows that an executive act he
yond executive authority can furnish no defense
aranst the legal Of what are done under
IL Unless Jurisdiction exists the authority to Try doe.
not EXIST aud Whatever is dsne is csrdm non Jna'ee and
utterly void. .
This doctrine Is M applicable TO military to other
Courts. The question, then, being always open and
IL proper decision essential 10 The validity sf ITS de
meat the commission must decide before prononheing
such Judgment whether IL has jurisdiction over these
parties aud the crime imputed 10 them. That trou-
Dal hike this has jurisdiction over them than military
officers Is believed 10 be evident That ofeDses defined
and punished by the civil law aud whose sral ~ pro-
vided for the law, are not the subjects VI military
Jurisdiction is of course true. ,
military, as contradistinguished from a civil
oense must therefore be made 10 appear, and when II
L. 1t also appear that the military law provides
Tor its trial and punishment 10y military tribunal. III
that Law does Lot furnish a mode Of iria or afhr
punisbment the case is unproyded for and, az Tar As
s military power is concerned. is 10 20 uDpunisbed
But esther the civil common. or statute law Gun
braces every species OF Oerse that the United States
the States have deemed II necessary to punis 40 all
auch the civil courts clothed wth every neees
sary jurisdiction. In military court II the charge
does not state "crme provided for generally or spe
scally by any of the articles OF war; the prisoners
must be discharged (OlirieD, p. 235
Nor 10 1t sufficient that the charge If OF or me known
70 the military law. The offender when be commits II
must be subject TO military jurisdiction The general
law has supreme and updispued jurisdiction all
The military law pats forth suc pretensonit aims
solely enforce the soldier the additional duties he
has assumed Ii constitutes tribunals for the trial Of
breaches of military duty only. "-(OBrien, 26-27)
1.-The one code Uhe civiD embraces all citizens.
whether soldiers not; the other qhe military has
SurisdictiOn over any citizen ss sucb.-1b.)
The provisions Of tie Constitution clearly maintain
the same doctrine The Executive has no authority to
declare war; 10 raise and support armies to provide
and maintain a navy; cor to make rules Tor the gov.
srnmenr and regulation OF either force. These powers
are exclusively In Congress. The army cannot be
raised have Law for It's government ana regulation ex'
sept as Congress shall provide. The power 1Congress
was granted by the convention without objection in
England the king, as the generalissmo OF the wDoie
Kingdom has this sole power. though Parliament mas
frequently inerpsed aud regulated for itself But VITA
II thought safest ~ give the entire power to Con
Gress, since otherwise summary and severe puhsh'
nents might be inflicted at the meie VIII VI the E1ecu'
Nve.-l3 Story Com. sec. 1872
NO member OF the convection or any coini1ehttlor
On the Constitution since has intmated that even TINS
Congress lonal power could DC applied 20 citizens not
belonging 70 the army or navy The power gwen NO 10
regulation OF the land and naval forces No artibce
OF ingenuity make these words include those Who
therefore 10 be construed exclude all others 10 if
negative words TO that effect bad been added. Aud
thp Is not only the obvious meaning Of the terms con
sidered by themselves bat Is demonsrsble from other
proyisons OF the Constitution. 80 jealous our
eestors OF ungranted power and giant TO protect
The citizen against it. that they unwilling T., leave
hin 70 the safeguards wren pI9psf construction OF
In this they resolved that nothing should be left in
doubt. They determined therefore not only to guard
him against Executive and judicial, but against cou
1ressional abuse With this Wow they adopted the
1rh constitutional amendment. which declares that's
- No person shan be held 10 answer for capital or
otherwise Infamous crime, unless on presentment or
indictment Of grand jury, except IN cases eIishg In
the land OF naval forces 10 the militia whom In ae'
tive service in time VI war public danger
This view Is elaborated by reference to the highest
legal authority and the constitutional questions are
discussed al length.
The sixth amendment. which oar fathers thought 80
vital 10 individual liberty, when assaed by govern
mental prosecution, is bat dead letter totally In
efficient for the purpose whenever the Government
shall deem 1t proper 10 Try citizen by military com.
issio. Against such doctrine the very Instincts OF
H. M. l..-L ni.DLLL Int