Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-07-12
tFrom The Harrisburg Patriot a Union j . r
The COnspiratOrs

The Ne,o YORK. Neus calls the members OF
the'military commission which condemned
to death Mrs, Surratt, Payne, Atzerott and
Harold, murderers, and proposes thatfunds'
be raised by an association for the purpose
of having each one of them tried as SUCH
1t doesnot pronounce as to the guilt Or in
nocence of the condemned, but Insists that
they had not a fair trial, because malice was ,
the governing sentiment of the commisri
sion. 10 prove the illegality of the com-
mission itself, the following quotations are,
made: ~"
s.trhe necessity of order and discipline is {
the only thing which can give it coun-!
tenance, and therefore it ought not to be,
permitted in times Of peace, when the Kings
Courts are open tor all persons to receive
justice according to the law of the land."--o
Page IL, Vol. /, Chitty's Blackstone. ".sJaon"
ut is against Magma ,Charta (cap, ,29),
and is done by such power and strength as
the party cannot defend himself, and here
the law impleth malice" ."-L0rd Hdte.9Ir ~
~ Ii lieutenant, or other, hath .commis-l
sion of martial authority in time Of peace
and hang or otherwise execute anyman by
color Of martial ld,c, this is m1urdef."-1Ae'
Institutes 'i e'r1' 991di OF iiiH 'I3Gr
Every conservative Republican journal
in the land long ago pronounced against
the legality of that military commission,'
from taking the same view as does The
Ne,es it will be the Nervousness of the of
fense with which the condemned stood
charged the undoubted guilt of some of
them and the strong suspicion which at
taches. to others. Nolone felt heretofore or,
feels at liberty now to offer a word in de-,
fense of those who were put upon trial be-
fore that court-martial, tor partisans srancor
long ago decided that such defense was
equivalent to completely with the arraigned
prisoners. Itwas an oifense against sloy-
alty'' to defendany one in the slightest der =
gree suspected OF those great crimes-con-
demnation having outrun all evidence.
1t was authoritatively announced before
the trial cosnmenced that no one against
whom shadow of suspicion rested should
escape punishment, and it. is evident
the members of the commission
acted throughout upon that pre-de-'
termination. They proceeded upon the
belief that they were appointed judges on
ly to condemn and not TO discriminate.
They also assumed to themselves the part
of counsel for the Government, and, taking
advantage of their power as judges, decided
every point raised by them in their own
favor, and every point raised by the defense
was decided against the prisoners. These
facts have raised doubts in the minds of
many persons as to the guilt of several OF
those condemned, which would not have
been the case had they all been tried bya
civil court. There is nothing but detesta-
tion felt by the mass OF the people for those
guilty of completely in the late horrible
tragedy, but people cannot detest until they
feel sure that those charged with crime are
really guilty. Had the conspirators been
tried by civil court, found guilty and con-
demned by an impartial jury of their conn-
trymen, there would be no lingering doubt
sympathy being entertained for the COM
demned ... ,.a,s1