New-York daily tribune., 1866-01-01
POWER OF a MILITARY CONHEs-
SION.
The Hotel burning Case Robert Martin
Discharged and eenrrested.
SUPREME COURT-CHAnBERs-DE 9o-Beioro Ju


SUPREME COURI-CHAnBERs-DEc. N-beoro Juiss
LEoNARD.
At the opening Of the Court, as reported IN
cur evening edition Of Saturday. Robert Martin was
brought nom Fort Lafayette 10 near the decision OF
judge Leonard 70 the power Of Military '0mmls
son 10 Try this time for onensc committed alrlng
the
In re Robert Martin on Habeas COrpus-Leonard
THE applicant Is held as prisoner by Major Gen.
Hooker who commands this Military Department, un
der certain orders issued from the War once at wash
ugton by the authority of The President. HE orders
for the detention of the prisoner sho" no cause ior ihe
arrest bot the return al Gen. Hos n on oath states
that he Is charged with the 0ense Of arson IN the night
time in tie City Of NewYoik in November ls6' and
also with being AT that time within tie Federal lines a.
spy he boing al the time officer III the Coulcd"f
no army but Disgusting bis raLk aDd character IN the
dress of "a citizen
Tie question IS whether the prisoner is SO held by
lawn authority.
We look in vain for tho authority on the face of tho
process where m civil cases II ought to be iGy DIS
closed. Indeed there s process 1i all by which he
Is detained is simply order. in the hreiest terms
directing Robert Martin 10 be- transferred 10 Gen
Hooker for trial II the oiienses eXi, aud are Of 4
purely military charactcI do lot question tAs sur!
ncioncy of these orders fdeT tho code by which The
arrest was made and under which the military aLth0r.
ties propose TO hold the prisoner for trial Tho forms
Of proceeding for the arrest and tgal OF military offend
not governed by tie same rules for tue proiec
ton OF the rights and liberty OF the person as are re-
quired IN civil tribunals. The former is adopted from
TIE necessity u the circumstances existing; often IN
camp. nearly always rcdulr.ng SUMMARY action, and
the exercise Of large discretion.
Tie oiIense Of arson is one well known in the statu
tory law Of every state us well as at common law; but
Tie oense Oi being Spy is not known 10 the evil
statutory law, ana is OF purely military character
c0gui1nbe only in time Of war, and before tribunal
having It's lite existence and authority created,
tnucd and defined by purely military power
do not question that the crime OF arson even when
committed IN places most remote irom military camps.
forts arsenals other places directly connected with
military operations. as IN the case ~ tho prisoner.
may be- . military oterse and as such cOgniIahle IN
time of war before a military court Dy tue usage and
law Of nations. Now peace has returned. The
President he's recalled by his proclamation, the
lenson of the writ of haboas corpus The restoration
of this wit pubic acknOE lcdCmert, by the miI
tBry as well cs the eva chief of the United States
that peace established ana that the civil authorities
IN Ito loyal States are required 10 resume the exercise
Of the duties ana f.nctons TINT pertain 10 the cOnti
tors Of rerce 1lo military law onG rule has now be
eorie o. before The war subordinate tO the civil In
resncct 10 Tire crime of arson mentioned ia the return
OF the distinguished General who - here the respond
cnt rs location and description brings It oxciy within
the Loiit.On Of that Oeuse IN the first degree con
tanned h. the statutes ii the state Of New York. Tho
oAcnse was committed in this CITY Nithn the jlrlsdic
t.ou of the criminal courts of the State Of New York
IL s the duty 0l every Judge Of tae Sutreme Court
and OF every magistrate bc.ore whom rt of habels
corpus can by .lw be made reuinabie, 20 take cog
n4Gnce Of such q crime when presented on proper
proof ana commit TIE ALLEGED offender 10 be proceeded
agaiust By law az the courts of this State.
see reason Why the prisoner slouid not be tried
Tor the ocuse with which he is charged II he evidence
is sufficient g. make u The duty OF -ranG jury TO had
an indictment against lin.
Arson Is 10: crime or Which the prisoner can be /
tried hy military coLgt or commission, without dis.
regard O the provisions If the Constitutions Of both ,lo
state and General Government securing trial oy jury
Tho other charge alleged against H. prisoner at this
present time fails into irsignhcance when coutrasted
with the horrible crime OF attempting with other
fodcIntes 70 destroy the city Of New York By fire. in
the a.cht Wit.on TcgMd to the inevitable desino On
Of hman life among Tie tens of thousands Of nCA-Com
batiptS including yonth and old age who were exposed
10 Tie mcrci.css Vengeance Of this supposed tond
Ihppears that the prisoner was not taken IN the act
of committing The Ofcnse charged against Liza. o /
being "A spv lie had returned within the lines Of the
he W1s not arrested III after tie Rebel a!mes Lad sur
rendered. been dl,bauded, and seat 70 their homes !
with the promise that they should not be further dis.
ubed ii they remained there and engaged In peaceful
pursuits. Tie olelse of beng a spy is oogui1abc ex
rlgsVcly by military tribunals under thelaw of nations
Perhaps IL required act of the supreme .Gwmaking
power of ITO Government to Tx the ohehse and its
penalty upon person owing allegiance 10 The United
States, although engaged IN rebellion. and IN arms
against the lawful authorities. Bat Congress has
not 50 extended the liability o punishment against the
ipy as to increase the time for s infection yond the
period recognized by the laws Of wa among civilized
nations.
know of no case in modern history or In reports oil
rnses decided in the courts where any person has been
held or red as spy WHO was not taken before he had
returned from the territory held by his enemy or who
Has not brought to trial and punishment during the
existence of the The lives Of all Rebels are for
eited when taken III act of war nsurrectlon aud
history affords nnumerabe examples Oi punishment by
death being inflicted after armed resistance had been
Their pardon is an act OF cemency by the
ghfu authority whenever the supremacy of the Laws
mas been restored without conditions having been OBJ
tanned by those in Rebellion. \
IL needs not any additional charge OF having looked
acted spy to exact the fc Of An offender under
The restoration Of peace sbsoves all ofenses by tho
public enemy committed during the existence Of the
VA. ~ ~ st lssst " The asN soptsa ~ sass0asdl