Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1865-08-17
Opinion of Attorney General Speed upon tho

Opinion Of Attorney General Speed upon thu
Legality OF the Conspiracy Trial.
The Attorney General, Hon. James Speed
has, in compliance with request of the Pre-
sdent, prepared au "opinon' upon the legali
ty of the trial by military tribunal of the
parties charged with the offence of having
assassinated the late President of the United
States. h
We have received proof copy Of this abb
document, but its great length prevents Us
from laying it before our readers entire this
evening. We can only find room for a brie
abstract Starting with the proposition thai
lat the time of the assassination civil wal
was fragrant; the city of Washington was de-
Tended by Publications regularly and constant
ly manned; the principal police force of tht
city was by Federal soldiers; the public Offices
and property in the city were all guarded by
soldiers, and the Presidents house was OIL
should have been under the guard of soldiers
Mr. Speed proceeds to show that by the Con
stitution the law of nations is made part Of
the law of The land; that wars must be con
Quoted according to the laws of nations that
especially in civil war, under these laws o.
war; public enemies are most properly tried
by military tribunals. Under these circum.
stances he says: .... t..
"a bushwacker, a jaybawker, bandit, a
war rebel an assassin, being public enemies
may be tried, condemned and executed as of
tenders against the laws of war. The soldier
! that would fail to try spy or u bandit after
his capture, would be as derelict in duty as il
he were to fail to capture; he is as much bound
to try and to execute, if guilty, as he is to ar
| l. tInt -
to pursue and kill or capture makes it his duty
to try according to the usagcs Of war. The
judge of a 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.
The fact that the civil courts are opened
does not affect the right Of the military trbu-
mai to hold as a prisoner and to try. The
civil courts have no more right to prevent the
military, in time of war, tor trying an ohen-
der against the laws of war than they have a
right to interfere with and prevent battle
A battle may be lawfully fought in the very
view and presence of court; so a spy. n
bandit, CT other offender against the law of
war; may be tried, and tried lawfully, when
and where the civil courts are open and trans
acting the usual business
After careful review Of all the questions
bearing on the matter, the Attorney General
comes to the following conclusion, viz : that
iii the persons who are charged with the as
sassinatlon of the President committed the
deed as pubic enemies, as believe they did,
(and whether they did or not is question to
be decided by the tribunal before which they
are tricd,) they not only can, but ought to
be tried before 4 military tribunal. If the
persons charged have offended against the laws
of war. it would be as palpably wrong for the
military to hand them over to the civil courts
as il would be wrong in a civil court to con-
Wet man of murder who had in time of war
killed another in battle. = Washington Re
publican