The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-02-26

deliberately murdered AZ browne FERRY, ON IN"
on the night OF October 8, 1885 but il does
not in my mind, prove beyond a reason
Keys +. G. Stoners, Robert Keys and Elisha Bey-
ram They arrested by order OF the military au
thorites arraigned before military cemmisson, tired
convicted aud Sentenced to be executed whether upon
sufficient evidence justify the finding is mmateria
the legality Of the sentence does not depend IN The
slightest degree upon the weight OF testimony but
the legality of the tribunal before which they as
raigned to Try them aud TO infict such punishment
After tue verdict was rendered and before the sentence
was the punishment OF Of the defendants
was commuted by Major General Sickies, commanding
the department from the penalty Of death 10 mprison
President i under the advice and recommendation
of the Secretary OF War; After the OF death
was thus commued as 10 all the defendants they were
removed from the Dry Tortrgas to Fort Delaware for the
order to be carried out While the accused thus
imprisoned in Fort Delaware writ Of habeas corpus was
Willard Hail. Unitd States District Judge the district
OF Delaware, they were released.
Now, VAS the action Of the President in committing
the sentence Of death to imprisonment for life under
the circumstances OF the case right and proper have
hesitation In saying that IL and this opinion
! am fully sustained by the Secretary OF War; aud viii
be by every unprejudiced mind DESTROYS OF arriving at
the truth The evidence Of Secretary Stanton shows
that the record Of the trial and the conviction Of the
accused' was by hm carefully examined y ter Il had
been reviewed by the Judge Advocate General and that
" in of what understood TO be the opinion OF
the supreme Court 10 reference 70 .ras py m'ary
President 10 commute the sentence from the death
penalty 10 imprisonment for lie because as he justly
and correctly stated, "t seemed 70 be improper 70
recommend the execution OF the capital sentence when
there any doubt 20 the jurisdiction OF the tribunal
70 inlict such punishment. "
How conclusive and satisfactory Tho committing Of
the sentence because Of letters written BY dis
ting1ished Southern leaders, or because Hon. .. b.
Browning Secretary OF the Interior, then lawyer
argued tho case, inmRted by the committee in Their
report bnt because Of the doubt raised IN the mind Of
the Secretary Of War the Jurisdiction OF the COM
mission 70 try the accused
Again, were tho prisoners removed from the Dry
Tortugas 10 Fort Delaware with any design tDat they
should be brougt within the jurisdiction Of court CON-
peent TO try the legality Of their sentence The est
mony is equally true and conclusive that Trey were not
The evidence of Mr. Stanton shows in answer n direct
question propounded to him, that "the order for
the removal OF the prisoners from the Dry Tor
tuas made by in the cxerc Sc Of my best judg
ment and my Official responsibility, and thai had no
intention IN bringing the prisoners 10 Fort Delaware to
bring them within the jurisdiction OF court that the
writ OF hubeas corpus might apply
How once more the acton Of the President u rind
Gated by he integrity of the Secreary Of War
But again: Was the ruling OF his Honor Willard Hail.
In releasing The pr soners, legal aud founded upon
proper construction OF the law? have doubt
that II was The decision Of the supreme Court
Of the United states in tho Milligan case clearly
susains H. and TO my mind the country will
look the decisions OF that learned tribunal for prece
dent ana authority in regard 10 he legality of military
commissions with muci more confidence and resp, ct
than the opinions uf the commit &C. however Intelligent
and capable may be. Judge Hall expresses donot
He says IN the conclusion Of his able opinion on the
cese:-"My convictions clear and my OF duty
constrains me to adjdge that. odng 10 The aw Of
he land, the prisoners ought not AID oaunoi ~ held
under the of the military commission and that
they be- discharged"
Here might well close. Ear as the proper subjects
OF inquiry submitted TO the committees were involved;
but the committee have further, and from the
testimony Of Generals Thomas, Buirl, Wood Sickles
and Scboied argued and reported Thar under the cir
clmstances by them II aonid Seem 10 be con-
clusively established that III. best material Interests OF
the country as well the highest considerations of
humanity cal for The intervention d The a9,hon Of
the general government IN The only PRACTICAL mode IN
which be eNcried, and thar Is by its N litary
forces.' il becomes ny duty to briefly review that tes
timouy and to s,oy that tsis ,ior Is not correct
1t il trns that General Thomas General Sckies Gen.
eral Wood aud General Baird In tbsir testimony express
The opinion that the civil tribunals IN the departments
unief their command do not administer fun and i'm
partial justice In where Union men, soldiers and
freedmen parties litigant bur they furnish but
and that was case in the state o. Tenncssec menti.ped
Y * i s I'LL sy 'fs sas sTs
mon ara not safe in their departments but when asked
To specify the number OF cases and the localities where
they have occurred, and tho names % tho parties
injured within the last twelve months they
could only mention In tho State OF Tcnressec
At Nashville one ia the State OF Mississippi, Grenada,
the State Of Louisiana the ruai between Alex
sndria and Monroe, and nota single in Virginia,
except the Watson aud no case In North Carolina,
Georgia, Florida or Alabama General Thomas prov es
arrested aud held for trial. General Wood states that
the case OF the murder Grenada thc civil authorities
did exert themselves to Lave tie murderer arrested and
that il was not their fault chat he was not aresed'
General Baird says in regard to the murder OF the
officer Of the Freedmens Bureau on the road between
Alexandria and Monroe, .'that we never succeeded
finding parties who did H. General Scbcic;d
testiles:-'I have not any desperation manifested
10 interfere with soldiers Of tbs ntcd States TAR
assaults thcl aud know OF instance
where there has been anything like an urprovoked
attack uprn them" And us to the freedmen, he
:-aWhen negrors arrested under any criminal
think they dealt with rather lenentv
than severely. do not think there IL dispoe-
ton to prosecute them be unnecessarily harsh with
people Of Virginia l. that of pity toward the freedmen y
They all testify in the most explicit manner that they
have no ind with the Governors OF the respec.
States the hich officials the Supreme Court,
the intelligent and well Informed citizens, and that
they have always manifested earnest desire 10 assist
them whenever called upon to 10 so.
Hence I cannot agree with The committee tina. be.
of these few and isolated cases Of individual wrong
aud cruelty, occurring NJ long intervals In tar distant
localities without any Of action. The Congress Of
the United States is Justified IN enacng laws by which
s s SsS % Nj sts ss 'aa military govern
Ia my opinion the war has ceased the rebellion has
been suppressed peace and obedience TO law prevail
everywhere authority Of the tnteo States govern.
ment alone recognized and ackno~ lodged, and hence
necessity for the enactment OF laws OF such
doubtful expcdcncy and dangerous tendency, even
for the limited period suggested by the committee They
subject third Of the citizens OF the country
martial law they substitute the officer for the
o. sns s Of the rv pi the duss Of
drumhead court martial or military commisson thcy
provide, Of the OF court executed BY the
=
armed soldiers Il the point Of the bny onet Such eis
ation IN my opinion, destroys all the safeguards OF per-
sonsi liberty, and all the security OF private property
II depyvea the citizens residing IA the States Of al
listing peaceful and legal modes Of redress for admitted
wrong, and coDstrnius them tamey TO submit TO tte
injuries inflicted or wrongs suffered, or to seek
illegal and forcble means TO redress them Il proposes
adopt In lien OF tho peaceful rmedes or the courts
military authority, which s In violation the planest
principles Of justice and the most familiar preccps Of
constitutional law Il clothes such military authority in
times II profound peace with unlimited power the
rights Of pcsons and properly not warranted BY the
ituiion Of the United States and which In papable
violation OF It's express prohibitions
To my mind the constitution Of the United States
guards with sacred the rights Of the people II
adopted 70 establish justice insure domestic tranquility
and the BLESSINGS Of liberty These great objects
steadily kept 10 view To this end there pro-
vded special prohibitions such a. seizures without
warrant detentons without presentment Indictment
imprisonment without speedy and public trial, or de-
privaton OF fe liberty or property without the inter-
vcution aud the due process Of Jaw.
has been the boast OF statesmen that Congress
has hitherto maintained these cardinal principles and
by necessary legislation perfected these guarantees Of
personal liberty and rights OF property, and that the