The New York herald., 1865-04-24

Il both at tile North and the South, while JeG.
3 Davis is haunting Europe with price set upon
81 his head and the certainty of the gallows be-
3 ! fore his eyes.
q The Great Criminals-In What Court
Should They bo Tricds
4 The Secretary Of War, in his proclamation
4 Offering rewards for tho apprehension of Booth,
q Harold, Atzerot and any Of their accomplices,
4 or OF any persons aiding in their escape or con-
! Ecealment, intimates that they viii be sent for
a trial before military commission, and that the
g penalty will be death. II is obvious to all ac-
d guainted with the workings Of our ordinary
q criminal judicial system that the only feasible
3 way of bringing those murderers and conspira-
q tors to speedy and condgn punishment is that
4 &suggested by Mr.. Stanton. No jury could be
empannelled in Washington, or in any part of
\ the United States, under the rule by which the
qualifications of jurors are tested. The first
questions asked by the defending counsel Of
persons called to serve as jurors are whether
they have read the newspaper reports Of the
( occurrence, whether they have conversed
on the subject, and whether they have
. expressed any opinion as to the guilt
Cor innocence Of the accused An aflr-
q native answer to these questions Ia ally
held as disqualifying the person from jury SER
4 vice; and the consequence is that the more
q stupid a man is the more fitted he is regarded
to pass on the question of the life or liberty Of
Il bis fellow man. Where can there be found
4 twelve men in any city, county or State of the
q United States, or in any intelligent community
in Chrstendom, who will not have read and
Z talked of the fearful scenes of last Good Friday
night and expressed very decided opinions asi
TO the guilt of John Wilkes Booth, and as to
the punishment that should be inflicted upon
him, and ali who aided, abetted or approved!
the act? If, by any possibility, there could bel
brought together in jury box in the city oil
Washington twelve men who would answer inl
! the negative the questions indicated they would
prove to be either idiots or sccessionists who
? had sworn their way there for the purpose of
} defeating justice. Even if the preliminary OBJ
jections to jurors did not preclude the idea Of
that form Of trial, there would be another fatal
objection TO it, and that would he the difficulty
I Of excluding from the jury box men who have
8 syrnpatlized with the rebellion, whose sons and
& relatives haye served in rebel ranks, and
Z vino, whatever might be their regret at the
course which the assassin's bullet took, would
! have such sympathy for his motive rs TO lead
: thom to paliiate his act and try 10 save him
!. fron its due penalty.
TIC course Of trial indicated by tho Secre-
: tary Of War is, therefore, the proper one to be
adopted A military commission Is the tribu-
4 nal before which tho murderers nnd cons pi-
rators shoull he arraigned. There the dilatcry
Z motions, the quirks and qnhbles and twistings
of lawyers will have no place. The trial will
be prompt, and the sentence and punishment
will follow close. That is certainly tho sort Of
proceeding which the people require and will
most approve.
nor will il be by any forced construction Of
Law that a military commission will assume ju-
= risdiction Of these cases. The bullet of Booth
d and the dagger of his fellow murderer sought
2 the lives OF the President and his Secretary OF
State from mono Of the ordinary homicidal mo-
tives but with the object OF bringing to naught
4 our late military successes. II was to render
4 worthless 10 the nation tho capture OF Peter.
) burg skd Of Richmond, the surrender of Lee
and his army, the eight OF the rebel govern
|ment the reoccupation Of all thc forts, aisenals
+ and navy yards of the United States, and ttc|
2; dispersion Of all armed organizations against
the national authority. II was to annul the
struggles end sacrifices Of the last four years,
+ and to stir up treason and rebellion 10 freshI
I efforts. In the sonse Of that moiivo--evcn in-
dcpcndently Of the faot tnat the groa. victim
was ccnmanier-in-chief Of the army and navy
tho murdcrers and their acoomplicce, and oil
who have aided or may yet aid In their conceal
mens or escape are subject 10 tho rules Of mill;
ta-y justice.
The commission now n session at Washing!
ton viii probably have imposed upon II tho
1grayo responsibility, the high duty, OF icing the
niDicrrreter OF tha. demand for Gods justice on
the puricrers .nd their accon,plces which now
fills The popular mind. Wcbsvc no doubt, frou
what wc have een Of the proceedings Of that!
court 10 tte trial and Punishment Of those wbol
have In o her ways tired 10 defea, tho natien I'M
la groa. struggle by Substituting men on paper,
;or men in TIE hold, that ir il,is Inst aud vors.
zpbsso Of treason twill be plonps aoa re,olu.sl