Columbia democrat and star of the north. [volume] (Bloomsburg, Pa.) 1866-1867, 1866-04-18

fundamental principles OF American 10.
ertv arc attacked, and we are driven be-
hind the inner walls of the Constitution
TO defend them, we can repel the assault
only with those same old weapons which
our ancestors used hundred years ago.
You must not think the worse Of our armor
because ii happens to be old-fashioned
and looks little rusty from long dis
use
The case before you presents but a
single point, and> that an exceedingly
plain one. 1t is not encumbered with
any OF those vexed questions that might
Re expected to arise out of great war.
You are not called upon TO decide what
kind of rule military commander may
impose upon the Inhabitants OF hostile
country which he occupies as conquer
or, or what punishment he may inflict
upon the soldiers of his own army or the
followers of his camp or yet how he
may deal with civilians in beleaguered
city or other place in slate of actual siege
which he is required to defend against
public enemy. This contest covers no such
around as that The men whose acts we
con plain erected themselves into lrIou-
nal for the trial and punishment oi ciuzens
who were connected in no way whatever
with the army or navy. And they ala III
the m idsi of a community whose social
and legal organization had never been dis
turbed by any war or insunection, where
the courts were wide open, where judicial
process was executed every dag without
! inierru ption, and where all the civi! author
ties, both State and national, were in the
! iuIl exercise OF their functions.
My clients were dragged before this
strange tribunal, and after a proceeding,
which il would be mere mockery to call
Trial. they were ordered 10 be hung. The
charge against them was put into writing
and is found on this record, but you will
not be able 10 decipher lis meaning. The
reators were mol accused Of treason, for
no act is imputed 10 them which, il true,
would come within the definition OF that
crime. Il was not conspiracy under the ac;
OF 1861, for all concerned in this business
must have known that conspiracy was not
a capital ofense II the commissioners
were able to read English, they could not
help but see tha; il was made punishable
even by fine and Imprisonment, oEly upon
condition that the parties should irst be
convicted before circuit or district court
OF the United States. The Judge advocate
must have meant. 10 charge them with
some offense unknown 10 the laws, which
lie chose to make capital by legislation of
his own, aud The commissioners were so
profoundly ignorant as 10 think that the
legal innocenee of the parties made no
Sir James MackinIosh said OF similar
proceeding, that The trial was mere con-
spifacy TO commit wiiliul murder upon
three innocent men. The commissioners
are not or trial, they are absent and unde-
fended and they are entitled 10 The benefit
oil that charity which presumes Ihem 10 be
wholly unacqrainted with just principles
of natural justice, and quite unable TO COM
preAend either The law or the facts of
criminal cause. =
Keeping the character OF the charges in
mind, let Us come al once 10 the simple
question upoG which The court below divl
ded in opinion: Had The commissioners
inrisdiction-were they invested with legal
authority TO Try the relators and put them 10
death for the oTense of which they were
accused We answer, no and therefore
the whole proceeding from beginning 10
end was utterly null apd void. On The
other hand, il is absolutely necessary for
those who oppose US 10 assert, and they do
aseert, that The commissioners had complete
legal Jurisdiction both of the subject matter
ard of the parties, so that their judgment
upon The law and the facts is absolutely
conclusive and binding, not subject 10 cor
reciion nor open to inquiry in any couIt
whatever OF these two opposite views,
you must adopt one or the other, fot there
is no middle ground on which you can pos
sibIy stand.
Ineed not say, (for il is the law of The
horn books } that where court, (whalever
may be its power in orher respecis,) pre-
sunies TO Try man for an ofense OF which
il has no fight TO take judicial cognizance,
all its proceedings in thai case are null and
void II the party is acquitted, he cannon
plead The acqui;iaI afterwards in bar o.
another prosecution +; il he is found guilty
ard sentenced, he is enlIled 10 be relieved
from the punishment. II a circuit court OF
the Uniied States, should undertake 10 Try
party for an ofsnse clearly wiIhin-lh ex
elusive jurisdiction of the State Courts, the
Judgement conid have no effect. Il
county court in The interior Of State should
arrest an officer of the Federal navy, try
ihim, and order him 10 be hung for some
ofIense against4he law OF nations, commit
ted upon the high seas or in foreign port;
nobody would treat such Judgment other>