The Tiffin weekly tribune. (Tiffin, Ohio) 1859-1868, 1866-03-08


States against the United States,
he conduct Of each party toward
The other, and their adherents re-
'pectively, shall be regulated by
the laws of war and OF nations. 1"
But Luther Martin, in his report
to the Maryland Legislature, said
This provision was not adopt.
ed, and the consequence is, that
the State and every one of it's ci,i.
zcns VINO acts under its authority
(in making war upon the Govern
ment of the ration) arc guilty of u
direct act of treason. y Eiliofs
Debates, vol. /, page 3s2.
All lwho voluntarily engage. then
in Il civil war, and who NAV no. be
included in amnesty or pardon, are
liableto suffer the penalties OF trea.
son by civil sentence.
NATIONAL COURTS MAY ne HELD IN
REBEL STATES.
| pass on to consider the obiec-
ton that there is no legally exist.
ing " State " in which civil trials
can he had. We have high au.
thority for saying that Davis can
he tried in Ohio, Kentucky. Mary.
land ard Pennsylvania, in all which
he levied war. An able elemcnta
Iry writer has summed up, as the
result of the authorities, the law
in these words:
" That when war is actually lev
led by an assomblage Of mon, in a
posture of war for a reasonable
object, any one who, being lcagucd
in the general conspiracy, performs
any overt act constituting a part in
su ch fact action, or however min
ute that part, is guilty rs a princi
pal traitor - Burr's 7rid B,
CoomJs, 357; and see Senate.
Horards Speech, February |
1866.
But if it be assumed that he car
only be tried in Virginia, and tha
this State is without n legal Stat,
Government, and that a de fact,
government is not to bcrecognized
all of wnich admits Of discussion
the national courts may still cxer
else jurisdiction, for the geograph'
ical State alone is necessary foi
that purpose. They nave been ex
ercising unquostioned Jurisdiction
in more than one of the rebe
States.
1t is monstrous TO assert tha
traitors can escape tho penalty o.
treason by overturning a State gov
ernment, by prefacing one Grim,
with another.
Trials for treason may be had il
Virginia, because it is the geo
graphical State only which tn,
Constitution demands-a question
of venue merely.
Its object, says Judge Story,
sis to secure the party accuse
from being dragged to a trial i
some distant State away from hi
J friends and witnesses. % &or!
ConstitutiOn, 1900 !; 2, Elliot
Debates, 800.
f AS it is the duty Of Congress
provide all necessary laws, we nui
| inquire whether treason may b
tried by civil or military tribunals
or oil go unpunished.
TREASON NOT TRIABLE BY MILIrAR
raIDUHAIe-MIIIrA OFFENCES
MAY BE.
Mr.. Bishop very strangely d.
G mands what the law does not pc
!, init after fagrant war has cease,
and after a surrender Of all I'll
, rebel forces. lie says:
/" II, then, a leading rebel is
be executed, [merely as & conspil
ator, the highest expediency, eve
almost the law itself, demands tha
he should not be sent to the judit
ial tribunals for his sentence, br
that this shall be pronounced by
military tribunal. - C rimina
La,o, note, section 1922. cditio
, , 1865. 4.aal la
The Attorney General states I'll
: law differently:
"That the laws Of war;" says h'
"authorized commanders to Great
andestablish military commissions
courts, or tribunals for the trial o
offenders against the laws of war
whether they be active or secre
) participants in the hostilities, can
not be denied. Opinion, July
1865. See EDecutiee DocumSn
No. 8, Senate, Thirty.Ninth Con
greSS, first session.
} And he adds:
"lt must be constantly borne il
mind that such tribunals canno
exist excepti in time ofwar. and can
f not then take cognizance Of often
ders or offenses where the civi
courts are open, except offender
and offepses against the laws {
war !" ..i5. '-',ss sal zaiaiB...l
\ >l-xl:.k onoa..;raay and k,.aaaan A.