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


Is not raging but Is not yet ended"
has described IL as the period re-
eognized by courts as "pon .fd-
granite sed nondum ccssante 6ei-
TO-" [Cross VS.. Harrison, 16 How.
1874 9 Black, r. 66T; rs Wend.
4s3 Letter OF Attorney General
to President, January 4, 1866.
IL was upon the authority of this
opinion, Of July, 1895, that the
assassins Of President Lincoln, and
1.-THE infamous Wirz, were tried by
military tribunal the laser for
the starvation and murder Of Un-
ion prisoners OF war and the pi-
rate Semmcs, and others are now
under arrest for trial in like man
ner all offenders against tue laws
VI war-hoStis humdni geneyis.
The military jurisdiction is clear.
Referring to Mary, Queen Of Scots,
Ward, in his law of nations, says:
, SIN tho case of q prisoner Of
war detained always in prison,
and asserting TO an act against the
life Of his conqucror, the true man
' ner of proceeding against him
would be in the summary way oil
martial law, without having re-
course to the municipal courts OF
/. the country. Vol. 9, p. 1856; 25
n Wend. 3s3; I Hill, 377.
: The President in his proclama-
d tion Of May 2, 1865, informs NJ
! that
e alt appears from evidence in
" the Bureau Of military justice that
the atrocious murder of the late
President Lincoln was melted
: and procured by Jefferson Davis,
) Clement G. Clay, and other rebels
y and traitors"
That some Of the great rebels did
" know Of aud sanction the delibc-
a. ratio murder and starvation Of I'm
IL ion prisoners of war cannot be
~ doubted.
Dr. II these shall not be hung for
=, treason, for ono | would say let
- them receive justice at the hands
tof q military tribunal for these Of
IN lenses against the laws Of war.
at But treason cannot be tried in
te in military tribunal it must be-
10 tried in civil courts, or escape all
d., judicial condemnation and punish
n, ment. The Attorney General
r. says:
!, 81 have ever thought that trials
= for high treason cannot be tried be-
N fore a military tribunal. The civ
cl il courts have alone jurisdiction Of
that crime. Opinion, January 4.
as Os Nor can military tribunal try
- and condemn a great traitor mere
" ly Ps the leader of a great rebel
~ lion. That would be TO take mill
=, tary jurisdiction Of treason under
- another name, unwarranted by en-
~ lightened precedent, contrary to
'e y, the laws of nations, and revolving
=" to the judicial and legal mind Of
the world.
THE PRESIDENTS POSITION ON TRAI.
eu TORS.
IN For one | indorse what the Pres
,is idcnt says in his message on the
~. subject of treason, that
Us "Pcrsons who are charged with
its commission should have fair
70 and impartial trials in the highest
,st civil tribunals of the country"
be And an prepared to sanction
Is, all just legislation 20 accomplish it.
Whoever rcpudiates this policy
ny consents that treason shall escape
all punishment. This will find q
ready sanction and response in tho
!, sentiments and sympathies Of reb.
le' le els and our enemies abroad but
er- of such l am not.
iu' | indorse instead the Attorney
'ne General, who says:
" l think that it is the plain du.
~ ty of the President to cause crimi-
=" nal prosecutions to be instituted
:" before the proper [civill tribunals
" and at all proper times against
y sowc of those who were mainly in
~ strumental in inauguarating, and
most conspicuous in conducting,
90 the late hostilities. l should re.
v" gard it as q direful calamity if ma.
:, ny whom tho sword has spared the
'' laws should spare also. Letter
- to President, January 4.
The resolutions under considera.
''' ton assign these reasons in favor
IS, of a civil trial:
o' SIN order that the Constitution
i, and the laws may be fully vindica.
CT ted, the truth clearly established
n and affirmed that treason rs a crime,
" that traitors should be punished,
~ and the offense made infamous, and
n at the same time, that tho question
may be judicially settled, finally
and forever, that no State of its
IN own will has the right to renouncs
OF its place in the Union.
n These are the words of the Pres:
n ident. They are his reasons, not
,il mine. Gentlemen who repudiate