The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-06-28

nAoi1tons o. ,ns people ana Ne shps In your hss
h nsi 70 murder ~ he slsv cd essssnias ss.ss
e famine 700, scld!ss. ssc,lys y shsf hsDzs; -
xvns heroes and Defender q the S;pubio shs, Sand
as N: css. =
open battle all public enemies that their country nay
live; and finally 70 crown this nsss,s ss,aloEss q
charged upon your record with the accused and Joan
wilkes Booth and John n sunau-to kill and murder IN
your capital the executive officers Of your government; and
the commander Of your armies when this conspiracy,
entered into by these traitors revealed BY its attempted
execution, and the foul and brutal murder OF your
President in the capital you are told that Is unoonsu
ona n order the further execution Of the con-
spracy 70 interpose the military power OF ,n. govern
parties thereto, and for their trial by military tribunal
OF justice: II any such rule had obtained during our
nation. n any such rule had been adopted and
acted upon now, during the fierce strussls
our nationality i Wv would have thus long survived
agree with the gentleman In the maxim which he bor
az Ss ,aa s IN IN
peace by the terms Of the constitution Of the ooun
try the public safety s under tho protection Of the sw
ton Of for the defence, 10 suppress rebel
ion 10 rcpc invasion, and, by express terms has Dc
ton Of the successful may BE- done, aud ought
TO he done, and is therefore consttutionaiy lawful
x dsss .s. H Ss ds IN %1 %
liberty and property without due process OF laws'
This Is a provision OF your constitution, than which
there is Just sacred In 10; H. however,
provision Of the constitution must be- and enforced
extent, inoperative and disregarded Ths Thousands
slain by your armies in battle were deprived Of life
'wthoat due process Of law" All spies arrested
viced and executed by your military tribunals in time
OF war are deprived OF liberty and life without due pro-
cess al enemies CAPTURED and e Sr
aw all owners whose property forciby seized and
appropriated in war are deprived Of their property
THE AUTHORITY OF ADAMS HAMILTON
What have said illustrates the proposition that in
time of tho civil tribunals Of justice are wholly or
partially SILENT the public safety may requires that
the limitations and provisions Of the constitution in favor
suspenge sna m Rs am sustained by an
second TO with intelligent American citizens. Mr.
John Quincy Adams-than whom pnrer man or wiser
statesman assembled the chair OF the chief mags
tracy in Americasaid in his place In tho House Of Rep
resentatives in 1886, that
the as s. 70 a y ss %
implication conferred upon the
o. ns h9T
IN a%s Of %
Of n their mature a and Ssn %
power The power is limited regulations and re-
s rSs power is limited by the laws and usage
Of nations This tremendous Is strictly cons
for protection liberty Of property and of e
II this be So how there be trial by jury for mill
tary offences in time Of civil war; you cannot and do
not try the armed enemy before you shoot him, or the
captured enemy before imprison him, Why should
you be held open the civil courts and try the spy the
conpaor and the assassin in the secret service of the
public enemy by jury before you convict and punish
himY Why not clanor against holding imprisoned the
captured armed rebels deprived of their liberty without
due process Of law Are they not citizensY Why not
camor against Staying for their crime OF treason which
is cognzabe in the civil courts by your red ordnance
and the iron hail Of your musketry in battle these public
enemies without trial ny jury? Arc they not ctzensf
Why is the clamor confined exclusively to the trial by
military tribunals OF Justice Of traorOus Spies tratorous
conspators and asssns hired TO do secretly what tho
armed rebel attempts to do Opcnymurder your nation
atty by assassinatng its defenders and its executive
officers. think that in time of war the remark OF Mon
tequ,eu touching me cY 5ua n! rs .re .na ~;
holds the sword Of the community the Judiciary has no
direction Of the strength of society; has neither force
will it has judgment alone and is dependent for
the execution Of that upon the arm Of the execu
tive" The people OF these States SO understood the
constitution and adopted it, and intended thereby, with
ont limitation restraint, to empower their Congress
Executive authorize by law and execute by force
rebellion or "s rc peT MISUNDERSTANDING ali that
has said by the counsel for the accused to the con
from the day OF IT'S adoption to this hour The Supreme
Court Of the United States has soemny decided that The
has conferred upon the government auho
rty TO employ all the necessary to the faithful
execution OF all the powers which that constitution
joins upon the Of the United States and upon
every department and every officer thereof
POWER CONGRESS-.
Has the Congress, to whom ia committed the sove-
regnty Of the whole people TO declare By Legislation
restricted the Pr sdcnt attempted TO restrict him in
the prosecution OF this war for the Union from exercs
usually approved and employed by the civilized wordy
He would, in my Judgment, be bold man who asserted
that Congress has egsated and the Congress which
should fetter the executive arm when raised for
the defence, would in my opinion he false to
their oath That Congress- may prescribe rules for tbs
government Of tho army and navy and the militia when
In actual service. by articles OF war; Is express
grant Of power in the constitution, which
Congrss has righuuly exercised ami which
the Executive must and obey That Congress may
aid the Executive by legislation in the zion OF
war, civil or foreign, is admitted That Congress may
train I'm Nv apIQ rrliun " mn
him for wantonly abusing the great ru is oxprsssly
declared in the constitution That Congress shall pass
laws Of the Union suppress instruction and rcrcl nva
sion, Of the express requirements az the conitu
ton for the performance OF which the Congress II bound
by oath What was the Legislation OF Consress when
fred its first gun SUMTER BY the act OF 1898
IL is provided that whenever the laws OF the United
States shall be opposed the execution thereof oh
structed IN any State by combinations too powerful to
be suppressed by the OF udic al proceed
Ing by the powers vested in the marshas 1t shall be
lawful BY this act tho President call forth the mill
tia Of such state or Of any other State or States as may
be necessary to Suppress such combinations and
~ provided that In case Of instruction or
obstruction 70 the laws either Of the United
States or OF any individual Stale Terri
tory where lawful for the President Of the United
call forth the militia for the purpose Of sup
pressing such instruction Of causing the laws TO be
duly executed shall be lawful for him TO employ for
such purpose such part OF the land or naval forces Of the
United shall be judged necessary Can any
doubt that by these acts the President is clothed with full
power determine whether armed Instruction exists in
any state Territory Of tho Unon and II 20 to make
war upon IL with all the force he may deem necessary
be able to commando BY the simple exercise Of this
great power necessarily results that he may, in the
Of the for the suppression OF such nsur
rccon suspend far may be necessary the civil adj
instraon OF Justice by substituting n Its stead martial
law which is simply the common law Of war II
In such a moment the President may make
no arrests without civil warrant and may innict
violence or penalties persons as is claimed here for
the accucd without first obtaining the verdict Of jures
and the judgment OF civil courts then Is this legislation
mockery and the constitution, which not only antho-
rzed but enjoncd lie enactment but gleriDg gene
raiity and splendid baublc. Happily the supreme
Court has settled all controversy this question In
speaking Of the Rhode Island insurrection the court
say
The constitution Of the United States as far a. has
vded emergency Of this kind and authorized the
interfere in tho domestic OF
STATE has treated the subject political In It's nature and
placed the power the hands of that department
BY the act Of 1888 the power Of deciding whether the
eSgeney has arisen upon which the government OF the
United States bound 10 interfere given to the Pre-