The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1866-09-08

Judge Advocate General on this matter
sis incompatible with tho public inter
ests." This report, in the testimony it
quotes, will show that the interests of the
country would never have suffered by the
dispensing with illegal secrecy, but that
the interests and fame OF the Judge Adj
vocate General himself would suffer in
the eyes OF all the truth-loving and JUS
tiee seeking people on earth.
Secrecy has surrounded and shrouded,
not to say protected, every step of these
examinations, and even in the committee
room seemed to be acting with sort of
secret council of inquisition, itself di-
rected by an absent vice inquisitor and
grand inquisitor, too.
How such an un-American model Of
procedure for the discovery and prosecu-
ton of crimes cognizable by the civil tri-
.bunals of the country, could ever exist in
it, find it impossible to fully understand
or explain.
The substance of the testimony render.
ed before the committee, viva -voce and
documentary, is fresh in my memory, and
also the result of some of the investiga-
tions made into its credibility. 1t was in
ascertaiuing the latter that found my
self forced to travel over the nebulous
and extended region of the so.called ''as-
sassin- trial
There are two reports CT this trial
one approved by MI. Holt, revised by
Mr.. Burnett, and the Associated Press
report, published By Peterson Il Co, of
Philadelphia. Whatever of suspicion
may naturally attach TO the former, none
can to the latter
1t will be remembered by the House
that four persons were hung by the un-
constitutional tribunal referred 10, and
that it was before this house, court, COM
mission, or whatever you may choose to
call it, that Jefferson Davis was, after the
military manner, charged with "combin-
ing, confederating and conspiring" with
Booth, Surratt, ct al. The specification
to the charge went still further, for that
accused them with inciting and encourag-
ing John Wilkes Booth, ct al.
At this trial, the first and most impor.
tant part of long tissue of falsehoods
was introduced to connect Mr.. Davis with
the assassination.
The parties unconstitutionally killed
! through the subservient instrumentality
of this so-called court or commission were
all charged with conspiring with Davis,
and 1t did seem strange TO me that Meth
er they nor their counsel made such cx-
animation of the witnesses to this as
might have been expected. The reason
was obvious enough, however.
! In the progress of that trial, every pre-.
coution taught by ages of experience
and sanctifcd by authority was set aside.
The prisoners, said to have been incit-
ed to murder, by bullet, by infection, by
arson, and By poison. by Jefferson Davis,
we're brought to hear these charges aud
specifications with irons upon them
with irons, too, of an unusual cons;ruc-
/ tiop, irritating aud painful, we'll calculat-
ed 10 distract their attention from the
sayings Of the military prosecutor. "he
House will remember that since the triaI
of Cranbourne, in 1896, tried for con
spring against the life Of the King ot
England, for raising rebellion in aid oi
foreign enemy, no prisoner has evel
been tried in irons before a Legitimate
court anywhere that English is spoken
I The Chief Justice of England said
Look you, keeper; you should take of
the prisoners irons when they are at thu
bar, for they should stand at their cas-,
when they are tried"
But the parties alleged to have beer
melted by Mr.. Davis did not so stand
but stood in constrainment and in pain
with their heads buried in sort of sacl
devised to prevent them seeing! In thi
; plight, from dark cells, they were brough
to be charged with having been incite'
) by Mr.. Davis, and they pleaded no
t guilty.
As the Congressional committee bclev
secrecy necessary, as the Attorney Gen
} eral that was recommends it, and tn
s Secretary Of War orders it, so that cour
} practised it; and it was in secret, wit
closed doors, the perjured reporter pre-:
r ent, that the chief testimony alleged I
0 implicate Mr. Davis was taken; and thi
r testimony would not now be publicl
s known had it not been published in Cir
cinnati through Pitman's violation of hi
s oath.
: Having arrived at the manner i
which this testimony was taken, ther
now remained for me only to ascertai
how far it could be relied on, and wha
e it professed to prove. 1t is a theory {
e courts military that when the accused al
= unprovided with counsel the prosecute
}. technically termed "the judge advocate,
y shall defend the accused as well as plea
r the accusation-in fact, be sort of am
y Gus curioe, not only to the court, but
o the accused. Messrs. Davis, Clay, Thoml
It son, ct al. had no counsel, of course, an
It the only lawyer for the other accused CT
II pable Of grasping the subject was insulte
=, by the court in manner so repugnant
l. personal self-respect and professional diI
n nifty, that he left it; and in lieu of eros
L examining testimony was forced to confr
:. himself to the production of an argumeI
IS against the constitutionality Of the cour
y an argument whose soundness has bee
g endorsed by the decision of the Supren
l. Court in the habeas corpus case of Mill
n gan, Bowles and Horsey. The lawyer
insuled and so feared was a Senator
y the United States, whose reputation
rs second to none in this country-once
.e Attorney General of the United State
is and for years the leader of its bar.
" That [ should be jealousy excluded
d the committee from investigating tes
Is mony Reverdy johnson was thus preyer
st ed from testing; that the gentleman fro
Il NJ kLn nhoI