Brownlow's Knoxville Whig, and rebel ventilator. [volume] (Knoxville, Tenn.) 1863-1866, 1865-11-22

arising IN time OF war between bellgerentS who arc
open and active enemies, but also to determine the
fate Of those who active but secret participants
in the hOstilities. He SAYS: The commander of
an army in time of war has the same power to or
ganze military tribunals and execute their iudg-
ments that ne has to set his squadrons in the field
and fight battles. His authority in such case is from
the law and usage Of war" He also saws that
buShwhacNer, jayhawker, bandit, war rebel, an
assassin, being public enemies, may be tried con-
demned and executed as offenders against the laws
Of The soldier that would fail 10 try a spy or
bandit after his capture (and l suppose any other
secret, active enemyl would be derelictin duty
if he were to fail TO capture; he is as much bound
TO try and to execute guilty he is to arrest the
law which makes it his duty TO pursue and kill
capture makes his duty to try according to the
usages Of war The Judge of civil court is not
more strongly bound under the constitution and the
law TO try criminal than is the military to try an
offender against the laws of war These are among
the rights which accrue to belgerents from the laws
of war and of course any belligerent has right to
exercise them The petitioner insists that they were
lawfully exercised by the court martial for the trial
Of Haun, of which he was member, and confess
that an unable to perceive any distinction between
that case and the case enumerated by the Attorney
General in the opinion to which have referred.
1t is my opinion, therefore, that If the charges
made against Haun, as the same are stated IN the
petition were true, he would be an offender against
the laws of war, and ought properly be tried by
military court and that the members OF such court,
if they acted in good faith, even though they may
have given a wrong judgment, cannot be held per-
sonally responsible upon all indictments, or other
proceedings, civil criminal, in State court for
the part they may have enacted in such trial The
laws Of war being part Of the laws of nations and
consequently are laws of the United States, the
courts Of the respective States much bound to
respect them as are the courts Of the United States
Is it not strange that Judge Trgg goes to the
opinion of Attorney General Speed, which was writ
ten to show that persons charged with completely in
the assassination Of the President might be tried by
q military commission, to prove that the rebel au-
thorities had right to try aw-abiding Union man
before court martial Is Haun placed by United
States Judge on the same footing with Booth and
Payne? Is the act of hindering the advance of the
rebel army into East Tennessee made for the pur-
pose OF subjugating Union men, as good for
hanging as the assassination of President Lincoln
and the attempted assassination of Secretary Seward
and Vice President johnson Certainly not Judge
Trigg viii not say himself, but his wonderful
opinion at stroke wipes all distinction be-
tween the patriot martyr and the rebel assassin.
Judge Trgg, in fact begs the question. He ar
CUES that If the rebels treated as bellgerents
they are Therefore exempt from all legal liability.