New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-05-11
MARTIAL LAW IN NEw-YORY.

II In NcTf0rk there has been no formal general pro-
clamtion Of martial law there In Kentacky;
has there been suspension Of the civil government
and an appointment Of military governor in Ten
! nessee and North Carolina; but. as this court well
knows, both personally and officially. and as is well
known to the accused, and to the whole community,
mtja law has nevertheless in fact existed here and
been administered for years. and in without mum.
ber YOn gentlemen Of the court have been engaged in
the trial OF uu!titudes Of bockaderunnes and of New
York merchants charged with contraband trade; and
Of civilians who coTrespoDdel with the enemy. OF
traded with thcm, har0orcd thcn; Of citizens who
Dave assisted deserers. resisted tie draft, or
swinded - recruit, or committed some other oiIense
against tbatpar Of the law OF nations which is known
as the law ofvar.
In all such cases You have acted under and in pursu-
ance Of that martalaw but for whose presence in this
city thronged it is with Rebel emssaries and dis.
lova men Of every grade Of crminaity. peaceabe
citizen for the last three years could have felt safe By
day or by night.
How mistaken therefore Is the accused in asserting
that martial law in fact has not existed here in New
York and that therefore, he ought not to DO tried BY
this court martiali
Ii is no answer to this fact and its legal consequences
for the accused 10 say that the act which he is alleged
have committed IL declared by Congress to no mis-
demeanor, cognizabe by the civil SO is the act
Of throwing train from railroad track INSIDE
moanor by the laws of New York. punishable in the
State courts. Yet Bcal rs the accused admits was
lawfully tried by military tribunal for that oircnse
because martial law existed here. So Is y crime
coguizate by the civil tribunals. Yet Kennedy. the
accused 3dmits, lawfully tried hy miHa trib
una for That crime, because mariaaw existed here
30 IL the murder OF Union Tor tle
weakening the military power of the United States
crime thin State inTifdiction yet II has been held
by the President under the advice of tho Jufge-Adyo
cate-ticneral, that "citizens who have been guilty
thereof, though In a State where the courts OPEN
may be tried by military ccur-(Ilolrs Dig. 49, par
The same authorty-and there is none entitled to
greater respechns held that 1.-THE principle well ex
pressed by MGor-Gen. Halleek. in General Order No.
of lieaaquarters Department of the Missouri of Jan
1862 that many ofenses which in time OF peace arc
civil Ofeites bocOmSin time Of military olenseS,
and are TO be tried by military tribunal even In
places where civil tribunals exist has been followed by
this Government in great number OF cases" and Is
thas sustained by the highest authority-(Dgest p ~
par. 49,
1t is alike idle and unfair to deny that in Now York,
to very great extent martial law has in fact ext ted
that the bile safety called for its existence, and that
il has been exercised exercised With such modera
ton and wisdom, a. In very ie" eases rdeed 10 pro
civil tribur as idle because the fact Is notorious aud
unfair because the public at large has been infinitely
benefited b. the exercise Of ills war power.
In regard to the particular ocnse charged upon this
accused better than Mr. Osbon himself knows
that moriiaaw has been here formerly and solcmnly
established and made to exist by an order Of the Pres
Snt srecislly aimed nj such oacnses and offenders
shall in justice TO the accused. put into this case
evidence bis own letters TO the Secretary OF the Navy
recognizing this fact and claiming that Le has carefully
observed and obeyed that order.
General Order No. q, August, 1861, was then read
BY the Judge Advocate.
There can be no denial or doqbt that tie promulya
mont Of atrial law throughout to United States 90
far TO subject TO trial by such military cour; might
for that purpOse be convened by the President any
department commander. all persons civilians As we'll
as others, wi0 should. directly indirectly, gave
intelligence 10 the enemy.
OF IHE JCDGE-ADyOcATE UpON 1HE
FLEA ASD ARGUMENT or ACCUSED.
]. That the 57th Article o War includes ali citizen
offenders
@ That an Congress is by the Consultation Of the
United States empowered to declare war" ITO raise
and support armies" and to make all laws which
shall be necessary and proper for carving into erecu
ton" It's p0pUs. and this 51ih article IL
law essential to the safety ,igor and success 81 our
armies in the field it is valid, constitutional and In
dspensabe provision ~ law
And 8. That martial.law existed md was In force,
In NewYofk al the time Of tho commission Of the nj
legged oense ~ least 90 tie extent Of making all civil
ans amenabe ~ Trial by court-mGtia for the ofense
" furnishing nieliig ence to tie enemy.
The Judge dyocate then submitted his argument.
Gen. Pratt counsel for hir. Orbon. will reply On
"Wednesday. until which day the court adjourned
PROCEEDINGS on WEDNESDAY.
The Cogrt-martial appointed 10 try this case
net on Wedno sday at IL o'clock pursuant 10 adjourn
lent ON Monday last. Gen. Warren presided.
Major Boes stated that he had received note from
Cen Pratt the counsel OF Mr. O.h0u to the effect that
e prepared 20 reply to the argument OF the
Judge Advocate and asking an extension OF time IN
which to prepare his reply In compliance with the
request OF Gen. Pratt the Court adjourned to Friday
ext at IL O'Clock. Mr.. Osbon present. and ap.
peaged In delicate state OF health. Gen. arreD. who
hos been sick for some tine past. attended