Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-07-01

hopeful slfa 81 bette, d.ys snd oas 700 Of deep
sGalhesnesf
Htlts 10 Ml0Hals, tsfosuys uguosl
ftlEF, JaHs 10, ires.
o. loo D N nlaatoa, Secretary Of Wa,
Wsshnglea, D. q.
a,ss-t have the honai ~ aokneuisies lhs 10
eslla of yuuf communication ol ihe hlh lat ~
ausslhg ne ~ "FsqaFs lhe EVIL uihse1s ~
nsuoli, hlehlgan, 70 lufn ofef ~ Che mllllsft
authorities al ihs, place, 10 osasI hat they mo
a eues be hfeughi ~ trial bsfegs uunli hsf
llsl, ldenlsnant jnhh A Athuaflf and lflenlea
sst Aahss q Kills, 81 ths hsossd Hselmsnt
Nessfts Cstp,, -ha are charged vllh The hon
eide ~ oss Ws.ss, hs.k oliver
The facts IN this rsss, ss thsf have best ~
lfssshlsa W ne sfs Substantially these
A aa,absf " on1ssf. sh lhs hlnhl ~ the hohl
eide we're shssnt hem ihe b,useksi elbef eh
lssss NJ shsshee ~ Dlheivlsei ahi hni o. dulii
shd ~sfs 10 dflntiaH ssleon Vsff late ~ the
hlfhi Whlls there thst hads soms shahss
,ssat 9Th che hack man fslpnsd w., W eatff
thsm 10 lhs barracks, Aai snssvafda ieeaed
aelss, The haekmah deaaffsI A. ihia ahl hs
psms ahaslFs shi eslhsfs'l ,eHsshss haHbss ~
ethss hack msn, threatening ihs affects ~ hF
lhs Ulnsfis seat ~ luamshs Hall ehpfe
aa.fi ~ sslilea SEES Stationed snd uilhuhi
Es,iaa shv fsh, - Dc 80, ordered ,hse' ihls ihs
street., vbele sams alraallY seeaifel te'rssh
che snlalsts sRd mekmeh The nhs uhv e.s
she, ismpsi spoh hls hack Esd ellstnpss,l ~
30 ~ shsH sstHe ans gave ths sslilnis esAeis
~ asa 90 him, vhleh ,hsy I'D, sna be vas she,
fgsm hla seal, sgd dlsl saaA ahsf A nhl,'
attend hs Atiil lhe anieefa had 40 bn,iHesa W
call evt lha Husfi, As ~ wss nst usles lhsll pih
lgal And the selilsFs had 90 FHh' w chez lhsHii
aaasg the circumstances u ~aa, w faei, hnlh
igg mole lhas dfeg feH
1hsss i,ssieHaels, tase,hef wllh fli'Ala
h.ehsdeF and hVe elhs's, asa pes held 70 eas
,aif ~ Fesni.' p'eees, ~ eeu'1 hAtlss nv
liug,sdaljan, charged slth lhe aluFdeF W said
W sasa and lhs Wlsl ~ lhe easa 10 sel down
10 the Recorders Court ~ ,he elY ~ pallell loF
Monday, ihe lp1h inat
You, request far the transfer 81 lhesa men
fsom tho custody at the olvll 0lieefu ~ The state
20 tho milafT authorities al pelfnll necessarily
Involves ts0 considerations Have the power
"a comply rlih the request And v co. would I've
exercise he polite aud wlaei
| do not propose IA this communication 70 a.
| cue these questions, nOT " V necessary that |
should do go, but simply 90 state very briefly the
grounds upon which must decline 20 Interfere
| IN this case with the administration OF the civil
| laws Of the State,
| Although IA be admitted that these parties we're
aud are officers Ia the military service ot the
United States, vet al the dine 0f the commission
OF tha alleged ofisnss by them, neither OF them
we're Ia discharge Of military duty The homl'
eide was committed. not within the limits OF the
camp, hut Ia the streets of the peaceful city ol
Detroit, aud Ia no sense, aud 10 no extent, Il
this unfortunate affair connected With the army
beyond the simple fact that the accused we're al
that time Ia the military service OF the United
States. Ii Was not All ofiense against the peace
aud sovereignty OF the United States. but ngains
those Of the State Of Michigan
ANY principle or construction Of law which
would exempt these men from accountability Il
tho State OF Michigan would exempt any person
In the military service OF the General Govern
ment for crime committed anywhere within th'
length aud breadth OF the United States.
Whether tho provisions OF the act OF Congress
approved March ~. 1869. embrace ofenses com
United by persons who may he In tho militar,
service OF the United States, but who at the TIM
OF such ommisaion are not engaged on militar,
duty, Ia q point which II 10 unnecessary for ~,
10 discuss or decide.
Conceding, however. that IL does 40 apply, !
IN perfectly plain 10 my mind that military court
are not 10y Law invested With the exclusive Juris
dIc,ion OF certain crimes among which are muir
der and maAslsughtcr,) when committed by pN
sons IN tho military service
II move, could have been the intention OF Con
gtesp that IN time OF war, lnaurreclIon or rebel
lion. each and every person in the military scr
vice Of the United States. and subject to th
articles OF war, should DO exempted from 70
sponriblli,y 10 the civil tribunals Of tho countr.
for the crimes committed hy him away ffou
camps, aud under circumstances IN no way con
aected with the discharge OF military duties.
hut suppose | should deem IL espedlent q
grant your rsques, Ia tho ciico, that requif
the civil officers OF Detroit, Michigan. TO turf
over 20 tho military authorities at that place. II
order that they may DO AZ once brought 10 trla
before Court Martial " these parties, ospno
J ind that | have any power under tho Constitu
ton and laws OF this State 20 comply with aucl
request. The accused are Ia custody OF the Law
aud with its administration tue Executive can Ia
no way interfere His power Ia limited TO tia
OF pardon. which can be exercised only ate
conviction. Ho cannot even direct or instruc
q prosecuting officer to enter a aolle Drosequi. snt
he can Ia no way interfere with tho custody
prosecution and trial Of the accused.
In view Of the facts In the case. IL does appear
to me that have no power TO comply with you
request, aud that VI had such power, its exef
else would be impolitlc aud unwse.
But supposing il 10 be true that the authority
Of the military tribunals OF the United States i
exclusive. then the accused have, through thu
ordinary course OF judicial proceedings, perfec
defense to their prosecution by the State o
Michigan. They can plead this speciality. or ia
some way ptins ~ oesofc sne oou't' anu " 'h'
position is sound their release is assured.
Should il DO feared, rs minated Ia your com
munication, that inthis case a fair aud impair
tal trial cannot be had before the civil tribunal
would say that very liberal provisions have
been made under our statutes in reference TO ID,
selection ofjurors; the court in which the trial il
had may grant new trial; and after conviction
the defendants. if they consider themselves ag
grieved by any opinion, direction or judgment o
the court. may bring error.
Declining therefore. TO take any part in th
matter,
am. very respectfully. yours, &c.