East Saginaw courier. (East Saginaw, Mich.) 1859-18??, 1865-07-12
Governor Crapo's Letter to Mr.
Stanton. f~.F

NoNoruor Srdpob beIter 10 mr
Stanton. Hf~.T
STATE OF Mich, ExEoUTIvE OFrIcE, }
FLINT, June Is, 1865. !
To Hon. +. M. Stanton, Secretary Of
War, Washington, ID. G.
SIR-I have the honor to acknowl-
edge the recent of your communica-
ton of the 9th instant, requesting me
to require the civil officer of Dnsetrolt,
Michigan, to turn over to the military
authorities at that place, in order that
they may at once be brought to trial
before court martial, Lieut. John A.
Schwartz and Lieut. Arthur G. Ellis,
OF me Cd regiment veteran reserve
corps, who are charged with the hon.
icide Of one Wasso, hack driver"
The facts in this case, as they have
been represented to mo, are substan-
tally these: s
A number Of officers on the night
of the homicide were absent from the
barracks either on leave of absence
or otherwise, and not on duty, and
were in a drinking saloon very late in
the night. While there they made
some arrangement with the hackman
referred to, to carry them TO the bar
racks, and afterwards declined going.
The hackman demurred at this and
became abusive, and gathered together
number of other hackmen, threat
ening the officers. At this the officers
went to Firemen's Hall, where guard
of soldiers were stationed, and, with
out having any right to do so, ordered
them into the street, where some diff
Guilty occurred between the soldiers
and hackmen. The one who was shot
jumped upon his hack and attempted
to drive of, when some one gave the
soldiers orders to fire on him, which
they did, and he was shot from his
s~.~L ...l d;S,l -N',s.. s.fs~.s -sas s---rvs
stand the affair, tho officers had no
business to call out the guard, as it
was not under their control, and the
soldiers had no right to obey them,
under the circumstances. 1t was, in
fact, nothing more than q street row.
These Lieutenants, together with
private Bachelor and five others, are
now held in custody by regular pro-
cess of court having full jurisdiction,
charged with the murder of said Wasso,
and the trial OF the case is set down
in the Recorders Court of the city of
Detroit, for Monday, the 10Th inst,
Your request for the transfer of
these men from the custody of the civil
officers of the State to the military
authorities at Detroit, necessarily in
wolves two considerations: Have /
the power to comply with the request;
and if so, would Its exercise be polite
and wise?
/ do not propose in this communi-
cation to argue these questions, morris
it necessary that should do so, but
simply to state very briefly the grounds
upon which L must decline to inter
fere in this case with the due admin
stration Of the civil laws of the
State.
Although it be admitted that these
parties were, and are officers in the
military service Of the United States,
vet at the time Of the commission of
the alleged offense by them, neither
of them were in discharge of military
duty. The homicide was committed,
not within the limits of the camp, but
in the streets Of the peaceful city OF
Detroit; and in no sense, and to no
extent, is this unfortunate affair con-
nected with the army beyond the sim
pie fact that the accused were at that
time in the military service of the
;;.od States. 1t was not an offense
against the pecce and sovereignty of
the United States, but SSo,ainst those
of the State Of Michigan.
Any principle or construction of law
which would exempt these men from
accountability to the State OF Michi-
gan would exempt any person in the
military service of the general gov
ernment from accountability to the
civil government for crime committed
anywhere within tho length and
breadth of the United States.
Whether the provisions OF the net
of Congress, approved March Sd, 1858,
embrace offenses committed by per-
sons who may be IN the military SER
vice of the United States, but who at
the time of such commission are not
engaged on military duty, is a point
which it is unnecessary for me to dis
cuss or decide. ".
Conceding, however, that it does so
apply, it is perfectly plain to my mind
that military courts are not by law IN
vested with the erclusire jurisdiction oi
certain crimes, (among which are
murder and manslaughter,) when
committed by persons in the military
service.
It never could have been the inten-
ton of Congress that in time OF war,
Iinsurreotion or rebellion, each and
every person in the military service Of
the United States, and subject 10 the
articles of war, should be exempted
from responsibility to'the civil tribu
nails of the country for the crimes
committed by him a, ''y from camps
and under circumstances in no wa,
connected with the discharge Of mill
tary duties.
But suppose I should deem il sxpe