Daily national Republican. [volume] (Washington, D.C.) 1862-1866, 1865-06-19
THE ooNsr1RAcx rRIALsh

ERoXSonntphs kbea hor ms. sur
ri sJu4 trtiHs a. s.a,sina,gr. ana eOaAPlr.
aiofs echcsrnSd b ~ territls aceRss oi AptilIL
met at 10 clock to.aay and began 70 listen TO
the argumcnts. Of the defence. The nrst paper
read was Mr.. Johuson's defence of Mr.. sufratL
Mr.. Johnson has resolutely abstained froln the
contemplation or scrutiny Of the evidence d the
case, and devoted his tremeadous power DO an
argument against the constitutional powSrs of
the court 10 try the case: We do not ayof that
this was the easiest way for a lawyer TO eafn hia
fee IN Huoh . ease but u seems that Mr. Johnson
has troubled himself but little about The oyi-
deuee We has only the0riSed, drawing his hrHu
ments from tho dusty volumes of hts library
Nc hr.t forborns, indeed, 10 dispute ths fact
that President Lincoln was murdered, but Ne de.
nica stouly that this court, 80 absurdly fened
by the 0overnineni Of the Uuited Statcs, has any
tlfing 10 do with such matters, aud calls loudly
upon Blackstone and others 10 bear him out
In the hrst place, Mr.. Johnson inqnirea-
llas the commission Jurisdiction OF the caser
before y, y the question which propose 20 dis
cuss That questlon In all eouTts, civil, ,cfiiona,
and military must bo eOns,dsred and answered
aiirnatiysiy before alignment can be prOnounced,
and u,lau Il be answered correctly, OF the ludg-
ment pronounced u void. . .... .|
After long argument as 10 the power and du-
tics Of the President he says O'Drian tells ns
that the questioR may be raiscd by Demurrer n
tho facts charged do not constitute an oGeuee, or
n they do not an offence eognizablo by mill
tAry court, or that II be raised by special plea
or under the general one OF not guilty, 70 Brien,
De Hart says tho eourt IL the Judge Of its own
competency At any stage Of Its proceedings, and
Il bound to notice questions cf Jurisdiction when.
ever raised, Do Hart, III .... 10
The question, then, being always open aud lts
proper decision essential 10 the validity Of ha
Judgment, the Commissloa must decide before
pronouncinR such Judgment W hetheTit has luris-
dietioR over these parties and the crimes imputed
to thcm. That q tribunal like thls has iuTts-
diction over other than military offences h he.
iieyed 10 he sslfaevidcnt. That offences defined
aud punished by the civil law aud whose trial
Is provided fot by the same law, are not the sub
iectz nf military Jurisdiction y Of course true,
A military a. eontradistinguishcd from a civil
offence must therefore be made 10 appear, aud
when 1t Is Il must also appear that the military
law provides for it, trial and punishment by n
military tribunal II that law does not Furnish
a mode Of trial or aiiiN punishment, tho case Is
unproyided for, and as FAR as the military power
a. concerned T. to ~ uupunishcd. Bat rs hithsr
the uivil c0nnno q, or statute law embraces every
species OF onense bat the United States or the
states have doems9h necessary % pnnl.h In all
such cases the eJiil courts are clothed with every
necessary Jurisdiction. In the military court II
the ehafge does not state 90 crime provided for
generally or specifically by any u the articles Of
war, the prisoner mus, be discharged. o..
After great portion ofhis argument, which Is
~ to the Jurisdiction Of the Court aud tho right
Of the accused to trial by civil courts, he says:
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menl 70 Wh,eh Ihat Po"sI @ Snu n"' ~, =,
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bo SNu 70 pn 'nNIiN'u ~ smo w p'"'i 49, W
make ruies pr W." Et EnHtsrhhsu' l .' auu
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anI no' " .nc ~
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70. the ,,I.,ss sns ,h.,'a tnt'nnsS
or provided i1r, bet oourts martial aud courts Of
| inquiry, and their medo % appointment aud or
ganIstioa and OF ProeeedlngI and ne authority