The weekly union record., 1865-10-21
The Conspiracy Trials.

We have received two pamphlets, entitled
respectively, Argument of John A. Bingham,
Special Judge Advocate 10 reply to the argu-
ments of the several counsel for Mary E. Sur
raft, David (. Herold, Lewis Payne, George
A. Atzerodt, Michael 'Laughlin, Samuel A.
Mudd, Edward Spangler, and Samuel Arnold,
charged with Conspiracy and the Murder OF
Abraham Lincoln, late President Of the United
States-delyered June 81 and IS, 1865, before
the Military Commission, Washington, d. Co."
and "Opinion on the Constitutional Power of
the Military to Try and Execute the Assassins
of the President-by Attorney General James
Speed"
From the argument of Judge Bingham,
which occupies l22 pages, we make the follow
ing brief extracts:
The government in preierring this charge.
does not iudct the whole people of any State
or section, but only the alleged parties to this
unnatural aud atrocious conspiracy and crime.
The President of the United States, in the
discharge OF his duty as commander in chief of
the army, and by virtue of the power vested in
him by the Constitution and laws of the United
States, has constituted you military court, to
hear and determine the issue joined against the
accused, and has constituted you a court for
no other purpose whatever.
IAN existing rebellion is alleged and not
denied. 1t is charged that in aid of this exist
ing rebellion, conspiracy was entered into by
the accused melted and instigated thereto by
the chiefs of this rebellion, to kill and murder
the executive officers of the government and
the commander of the armies of the United
States, and that this conspiracy was partly eX
ecuted by the murder of Abraham Lincoln,
and by murderous assault upon the Secretary
of State and counsel reply, by elaborate ar
gunent, that although the facts be as charged,
though the conspiratOrs be numerous and at
large, able and eager TO complete the h0rrid
work of assassination already begun within
your military encampment, yet the successor
of your murdered President is usurper if be
attempts by military force and martial law, as
commander in chief to prevent the conSumma
ton of this traitorous conspiracy in aid of this
reasonable rebellion. The civil courts, say
the counsel, are open in the District. | answer,
they are closed throughout half the republic,
and were only open in this District on the day
of this confederation and conspiracy, on the
day of the tratorous assassination of your
President, and are only open at this hour, by
force of the bayouet. Does any man suppose
that if the military forces which garrison the
intrenchmeuts of your capital, fifty thousand
strong, were all withdrawn, the rebel bands
who this day infest the mountain passes in your
vicinity would allow this court, or any court,
to remain open in this District for the trial of
these their cOntederates, or would permit your
executive officers to discharge the trust com
mitted to them, for twenty four hours
AT the time this conspiracy was entered into,
and when this court was convened and entered
upon this trial, the country was in a state OF
civil war. An army of insurrectonists have,
since this trial begun, shed the blood of Union
soldiers in battle. The coDspirator, by whose
hand his CO consprators, whether present or
absent, jointly murdered the President on the
l4Ih of last April, could not be and was not
arrested upon civil process, but was pursued by
the military power Of the government, captured
and slain. Was this an act of usurpaiiou p
a violation OF the right guaranteed to that
fleeing assassin by the very Constitution against
which and for the subverson OF which be had
conspired and murdered the President? Who
in all this land is bold enough or base enough
10 assert it?
Il would be glad to know by what law the
President, by military force, acting only
upon his military orders is justified in pursuing,
arreSting and killing one o! these conspirators.
and is condemned for arresting in like manner,
and by his order subjectiug to trial, according
to the laws of war any or all of the other par
lies to this same damnable conspiracy and
crime, by military tribunal of justice-a tri-
bunal, | may be paFdoued for saying, whose
integrity aud impartiaiity are above suspicion,
and pass unchallenged even by the accused
themselves"
In this argument, and in the Attorney G en-
erals opinion, the entire ground taken by the
counsel for the conspirators is clearly shown
to be fallacious, and the constitutionaity Of the
trial by military commission fully established.