Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-06-19

20 Protect the citizens against 1t, that they were
a proper Construction OF the Constitution as
Originally adopted, furnished. In this tney
resolved that nothing should be LEFT In doubt
They determined therefore not only to guard
him against executive and judicial. but against
Congressional abuse. With this view they
adopted the fifth Constitutional amend.
ment, VIII ch declares that emo person
shall be neid to answer for q capital or other.
wise infamous crime, unless on q presentment
or Indictment OF grand jury. except in cases
arising in the land or naval forces, or in time of
lrdr, or public danger"
This view is elaborated by reference to
various legal authorities, and the Oonstitu.
tional questions are discussed at length
The sixth amendment, which our fathers
tnou gnt so vital to invividual liberty, when
dead letter, totally inefficient for its purpose
whenever the Government shall deem 1t proper
70 nv citizen by military com mission.
Against such doctrine the very instincts Of
freemen revolt. 1t has NO foundation but in
the principles Of unrestrained tyrannic power
and passive obedience. If it be well founded,
then are we indeed nation Of slaves and not
OF freemen!
The counsel then proceeds to examine with
somewhat Of particularly the grounds on
which he is Informed the jurisdiction Of
this commission Is maintained, and contends,
In the second place, that if the power in ques-
ton is claimed under the authority supposed
TO be given TO the President in certain cases to
suspend the writ of habeas corpus and to de-
CIdIe 1nAT lldl law, the claim Is eQually. II not
more evidently, untenable.
The act Of 1906, esta blishing the articles of
war, provides for ne military court like this:
and 1t is maintained that IL does not embrace
the crimes charged against these parties or the
parties themselves, and until the rebellion he
was not aware that different construction
was ever minated. II is the exclusive fruit
of the rebellion.
In the course of his elaborate argument. Mr..
johnson says: "As counsel for one Of the
parties, should esteem myself dishonored if
l attempted to rescue my client from proper
trial for the offense charged against her by
denying the jurisdiction Of the Commas ion
upon grounds that ! did not conscientiousIy
believe to be sound. And in what have done
Mrs. Snrratt than the Constitution and the
laws. In my view. in this respect, her cause
is the cause of every citizen And let it not be
supposed that am seeking to secure 1mpunitv
TO any W no may have been guilty OF the horrid
crimes OF the night of the Nth Of April Over
these the civil courts Of this District have ample
Jurisdiction and Will faithfully exercise it if the
cases are remitted to them, and II guilt is
legally established will surely award the pun
ishment known to the laws. God forbid that
such crimes shall go UNPUBLISHED. In the black
catalogue OF offenses, these will forever be
esteemed the darkest and deepest ever COM
mit'ed by SHINING man. And in common with
the CIVILIZED world do / wish that every legal
punishment may be legally inflicted upon all
who participated in them"
word more, gentlemen. and thanking Won
FOR your kind attention. I shall have done A
You have discovered, have not remarked on
the evidence in the case Of Mrs Surratt, nor is
1t my purpose. But it is proper that refer to
her case in particular for single moment
That woman, we'll educated, and as far as
we can Judge from all her past life as we
have 1T in the evidence, q deYout Christian,
ever kind, afectionate and charitable, with ne
motive disclosed 10 US that could have caused
q total change in her very nature, could have
participated in the crimes in question 1t is al
most impossible to believe. Such belief can
only be forced upon a reasonable, unsuspect.
ing nnpreJudiced mind by direct and uncon.
tIadlcted. evidence, coming from pure and per-
fectly unsupported sources. Have we these
Is the evidence nncontradicted Are the two
witnesses, Weichman and Lloyd, pure and
uIsuspected! OF the particulars of their evil
dence 1 say nothing They will be brought
before yon by my associates. But this conclu-
sion IN regard to these witnesses must have in
the minds OF the Court, and is certainly strong
Iy impressed upon my own, that if the facts
which they themselves state as to their con
nection and intimacy with Booth and PAYNE
are true, their knowledge of the purpose to
commit the crimes and their participation in
them. is much more satisfactorily established
than the alleged knowledge and participation
OF Mrs. Surratt. As far, gentlemen. as am
her case is now in your hands.
This is signed by Rsverdy Johnson, and
in by Frederick A. Aiken and John
w. Clampitt, as associate counsel for Mary E.
Surratt.1