, 1865-01-15
OUR CINCINNATI LETTER.
Tho Chicago Conspiracy Tr1n1-The
Plea OF VVont Of Embellishments.
Asayss Argument In the Plon-Wli-
larlss Release
from Our Own Correspondent

from Our Own Correspcndcntl
CtRo1nHAT1, Jan. IS.
The military commission engaged In the In
vestigntlon Of The Chicago conspiracy resumed
its session this morning pursuant to adjourn.
mcnt, In the Court room Of tho Court OF Com
mon Pleas in this city.
Tho record Of the previous days session Of
Tho Court WIS read by Mr. pltman, and when
slightly amended accepted.
judge T. ". Dartloy, on behalf Of the pris-
oucys Morris, Bcmlncs and Anderson, In ac-
corlancc with tho authority given by tho
Judge Advocate at the Inst session, rose to
support the plea presented the previous day
rs 10 tho Jurisdiction Of the court. Agreed
bic to military regulations, tho points upon
which tho counsel bnsed bis plea wcrc In wri-
account Of tho great interest manffcstcd In
tho trials, aud also because Of the delicate
legal acu1,cM involved in tho address Of tho
counsel, present It to your readers entire.
HEADQUARTERS OF TIE DErAnrxxNrl
OF THE ONO.
Tho , MIitarg com@!sklon 9isk convened at cinsin-
judge 1dsossats. Of = y con. on
The onsd sae sR{Ssyd e. ydsss 9sSs' ss s. ss.hes,ts s
Dueknct !. Morris, set @ % % foot a. % iasas1eee1 e -
At and about the city Of Gil.
~. a.,.n,,n, ,.,s lsaEo, i,1lp9ia 19 .,n,,. ,,,..
Il e5s 1sss sn
asEs that big easc may be turned over 70 tho uni-
Ing TO Tho forms Of tho Gonsntut!on aud laws. Of
Of g. IS 5 se = -
fiTst: TSat tSe elvii courts ei tho United stasee
in the Northern District Of Illinois arc now and
heretofore haze 6 e uniformly m been open end wholly
their loyalty and fidelity in adminsterng the law1,
and upho1ding the authority Of The Laws Of Tho
Gulted States, nnqucxt!oncd and nnQuesdunah1e.
naa -
nor tn any other petition which a0h3ecta htm 70
the rules and artcsss Of way Or tho aatlority Ola
al all, on tho charees anh specifications herein
prcfcrft5. to tho authority and Of the
United States Courts of the Northern District of
fiaiIy and according 10 thc laws Of lie land, and
where thcaccuscd can, ~ legal authori!y, require
the attendance Of ss1tnc.sea on bis behalf and
hare m opportunity OF testing tho vesaciy and
ezcdibtlity il The Witnesses against him, BY lair
crosse xnniration.
sp fe Tss s Sae asss 1T g.
Clearly and unqaestenabIy falling within ths pro.
yn 1 ss @ act pasS%e St SS1ees; 8 ssa. Ct s 1 ss55
ctes against the authority Of tho United States, h
the civil courts alone, this tribunal cannot have
Se sse Rd a i s E 5
this tribunal cannot Try the aceuscd FOR my viola
lion Of either the rules OF articles Of war, or any
eee an seSs & s faaee a @
OF Congress mentioned, tAfs tribunal cannot take
cognizance Of the zane.
srcss q the * Mareh sataor,asnE se % ases
by tho military authorities has expressly and Inn
peratirely required that In all such ccs Of arrest
statcs where the administration of tho laws Of tho
United Statcs In the Federal courts ia unmpaired
the persons arrested shall bc turned over to the
indictment and trial according 10 law. And the
proceeding before this tribunal in this case Il d.
Ieetly and pa1pab'y IN dcrogation Of this law Of
Fourth. It Is conceded that this M1lltary Com.
mission is not authorized Or provided for By tho
sse e ws w Of aa ss g. S the
n of Which ean be ted IN ihe elvil eoarts Of
The country, n3r T. thsrs any las usage or custom
ictcd by this court. 1ut this tribunal Is claimed
10 he IN incident Of tho wnr power, and 10 be
founded tn tho usnge and customs Of var: Il is
feutant, that The authority Of t!lis trlbunal which
has never had the sanction Of the laws Of tho coun-
trY, is wholly unwarrantcd by any usagos or cus~
tom ef wnr except with the army in the deta, when
removed far beyond the sphere and Jurisdiction Of
the civil tribunals. bcnct, recent author on mil
,tary law. sage, on pages Is and l9 OF his work,
ever euch loyal courts exist, will not be tried by
Military Commission. It should, therefore, be
slatcd in every application for c92;mmission,
whiyh the civil oaense charged can be referred fot
trial. II cannot ho claimed that Military Com
mission Is matter Of hecessity, where civil
bic, are In full operation aud wholly unjmp2dcd
wili not DO to nv IN thls case TINT tho military
authority Of his United States is not tue authort5
acy TO retist the military authority IN y plact
xlicso the civil couste arc loyal and unobstructet
% I'D e. Tn e sssRs a fa;'' ST. paS S 1saSs
aoncd; aud it viii not DO % suporscde tho eIyi
s saSny q o sne
civil authorities can bring to their ufd ntl Tho mill
lnEy power Of this country, ant! nsor tho iutorpo
the % supprcsson M q rfot Of ln,urrecion, she ias
sieala 10 snrned Ssur 70 liz cirti coasss ioF tTn
"nH an"ai1at iii. trbnn,, from tho nature Of II
9rgansa:len, a' II pscnl,ar, mode of psqsecIias
@ eses; ~ nm aa fs!r aud saja1.a, ss!al #shoa| Ii
! tending tlle Hlgh!crt s!frscapect or wnnt Of du
co,,Etssy to tho learned nnd aflo Judge Advoeat e,
court, tho defendant boys leave TO ttafa his o9s!
tionh to ,he nature Of The constitution OF III
tribunal ,ise xo 5n@S1 ang etan9S s 3d ~ q
advise and inttruct tho court on n1l quustions {
law. to eondac! the trial. prescribe tho manner
c a., En- eonscl a. sna
Ing himself the righ. to rcrly and then rctirln
With thc Court to advise aud Instruct In tho mai
Ing Of the decision.
Eleioro he prefers Tho charge he must be rr
sumcd 10 hatc tnadc MP his mind as 10 th,guilt 0
Innocence .of tho ncruscd. i IL therefore sn
santaly tsia not ony g. thc instance ,,a 9i A.
] rrcJndgcd the caac. Far better let the judge wi
rrcsides on tho trial Of d criminal case before
n ae a5, %ea es tcre IS aSsa a
nnd instruct thcnl IN the mixing of their verde
than this mode Of tFial for hero the Judge Adv
catc originates thc csargcs. aud must be rrcsas
However hlsh ito Julce Advocate may sta,
for prpbity. learning and honorable bearing, all
pearins as Judge Advocate In thts clse to ve
high degree. the very nnturc Of Its position whi
giScs lin the controlling and directing power
.hS : sas a an e q WITCH
required l,y tho fundamental laws otthis count
Certainly the denial Of perfectly fair aud Imp
eerve ihc lilo oi tic nation which was founded
: institutions Intended 10 secufe impartial 5ustl
| and equality and fairness to every man.
abe Asn sanoe Tsa & fSe pasoa s na feas teeaa
! thc plea Of bis clients, Walsh and Grcnfe
Hc llc1d that d court martial, being one Of t
cxigcncfes Of war, and tacit affirmation
tho Inability OF the civil courts to dfspon
, justice, could only properly be put into for
! in cases where, BY tho results Of war, the 10y
! civil courts had become obstructcd aud il
/. pcdcd in their action. Sherman might &C
! sistcnt1y convene a court martial for the d
: Indication Of cases In Savannah, because tht
suspicious could be entertained as to the II
$ u1ty and power Of the civil authorities.
c had already been granted, continued
}. counsel, By the Judge Advocate that nj
%tos@ x$n 1t Fr&
= ntory ofTcnscs. Now the charges allee
! against the accused came most decidce
J; within the meaning and power Of the ST
G utcs of July, 1861, aud more recently
.r May, 1866, Regarding The crimes Of add
and nbctting the forces In rebellion agat1
= the Government The offcuscs charged
n have been committed, werc, in fact, .oy
II acts Of treason itsclG The statute he had
q 3lldetl 10 defined the ot1euse, It defined
. power or court which should try it,; and
= defined the punishment to be executed. ]
% counsel at some length cited the opinion
n wcll-known British points on the questi
g In The reign Of King George. an tnsurfeetl
- dominions in Holland, was adjud!cated +
military commission hut In The case Q
similar crime being committed IN England
was ruled that the accused must be tried
Is the civil authorities. Regarding the trial
,c The accused In adistriet, other than that
hi | WHICH @le cT1Inc WAS nllctt-e4 ~ uAtE u
w committed, Mr. Assay also took
sc certicns, affirming 1t as. str
ty reason which should oust the jurts
IT, ton Of the Court Chief Justice Mars
&c N one "a Inc onsnoois o1 ING ee'epxaaeo
~ captured in certain place BY the mill
ITS authorities, 1t xns no reason why he sht
I'D lie taken for trial BY the Commanding Ge
i'd al to anothcr district, and that the cha
ne nc!o.e na suau uoi ~ " 4u, lan, " ~. ~