New-York tribune., 1867-08-08

Of war TO exercise this great duty of self oa
want of warrant in the Constitution Is to condemn @
oction Of the In acquiring from France ana
spain and Mexico and Russia territory lying lar po!
the limits Of the original NJ TtsGn Sot naoyided for by
the Constitution. Both these powers aIe hr puO
ram rant in Written governmental characters. They
are derived from the common law 9I Hatlois, n
are eoe xstent with sovereignty But. with ths mltay
Commission gentlemen you have concern at TINS ume
whether it legal an illegal trlouha5 rs ho' h ro
matter upon which you are now called 10 egclde; % @ r
oath that you have taken requires that you sha wen
and truly try and true deyerance make ost%Sen % n o
United States of America and John n Sirat, 'ne R
oner at the bar, whom you have In charge, anu a q
true verdict give according to your d,ctSd SSd
dence. The prisoner stands before you III dC d of
for the murder OF Abraham Lincoln on the l4n uy oi
April 1865 in this city About the tne ana pce G cenro fe
versy has been made in the case IL there hao E0u
recollection Of nation IN tears ana Oh d wn onr
memory OF the sad and terrible fact. Inc oIy Vpy
question therefore for you 10 qetgo With John
Wilkes Booth and others named IN inc lhdictHene,
either any Of then, this daboea CRIME. & II from from
all the evidence in this case your minus sna nay 80 ba
convinced beyond reasonable doubt groWlng oui oI l
evidence that the prisoner did cooperate Win tne @
that shall nave produced mOal Nv th m
minds that the prisoner did participate IN le
70 murder or IN plot to DO some af wS as
to the legality or illegaity OF the trlDunai
which tried the prisoners mother no Feelings Oh y n
pathy for other members or the family no consdea
Of his yOuth that other lives have already been Io
feited for this crime should for single moment temRs
you TO step aside from the plain pathway OF duty: IL
however upon full and careful consideration 0I tho @
whole testimony nnhusneed IN the slsuest uesSc COY y
prejudice bias Of whatever character Ihat horaI c0i
vction Of the prisoners quit shall not nave Deen IN
pressed upon your minds but you snail st ehtGrl s az
honest aud unbiased reasonable doubt fastening IstL %
upon your judgment and suggesting tat an lne eIeue %
proofs pointing in the direction OF the prisoners ga g
may be strictly true, and may sun DC eossent md,
some hypothesis Of innocence which you can con, on
strue from the whole credible evidence sncb sne
doubt 1t IS my duty, ghoweyer, ,ge9ntletntehns, en-
prisoneris entitled must not be mere specu1UI M , "
capricious one prompted by passion OF preluce VI T.
Sccordsnce % E with the facts It must not be vague
suggestion that after all the prisoner may not be guilty
II must not be the nero shadow Whch inc angol %
wing OF mercy may m0nentaILy cast ulon d'nt yUu
mental ysion-bqt t. must De yony sGgn cars II the
testimony shall convince your understanding oi lle Su
S S i the moral certainty required by
fhe law and il excludes idea Of reasonable dodDt
bdd bae IN IN '1 copsprocy Win John Wilkes Booth
aud others TO effect the murder Of Abraham Lincoln ana
most atr0clons crime ~ mas pcIia G a. Iit =, tbe
counsel for tho prosecution tlat 10 take thc o vi
President OF the United States Is crime so hcll Gus IN
It's character that each Of the cOnspratOrs responsible
Tor the act of each OF his cocOnsprators committed in
he a member of that conspiracy and that he only be
relieved OF criminal responsibility by repeating hDan
may have given In relation a on ,, 10 connsol tor HT
the defense that tho indictment now mere charges con-
spiracy TO KILL the killing OF the President OF the
the killing OF Abraham Lincoln, the mdiVldua -tla
inasmuch there is not allegation In the Indictment
der was President Of United states, but simply AYERS
the killing Of individual the case IL to be governed
solely by the same principles OF law which are applicable
to the ordinary murder and cannot be regarded by hn
being any more henous IN Its even sd
States j. heinOus crime than tho nruer UI h Iu-
dlyidual IN private stauon-yet Tor want on an aeguon
in the Indictment Of the fact Of the Presidency yeu can
~ fbe PrSsent and All The heads Gf the Departn ents
md no feg-p pres III
case, and In making up your verdict regard ~ as crime,
with tile crime OF treason, OF cOnspirng the death
OF q king They argue that although by the common law
OF In gland compass the death OF king Is crime so
henohs IA It's character 10 admit OF no accessories De-
fore the fact yet the law dinrent IN England ad mere
and that In eases OF MURDER lie who eounsels ads OF
commands another to commit murder, without being
present to render material aid In It's commission car only
Sc proceeded against accessory before the fact and
not a. principal IN this You told u must
both alleged Ia the Indictment and proved by the ey
dcnce YOU cannot consider the killing OF the PRESIDENT
the piracy murder him and ali the CHIEF olhces
OF the Government for bringing anarchy aud colfnsion
In the nation, ana thus 10 fayorthc cause OF the e9eon
things OF which courts and jurc, VIII
take judicial one OF the elcments OF the deunon
never either alleged In the Indictment proved In the
evidence that the subject o the crime human being
II is not necessary because u one OF those Things tht
presumed 70 receive judicial cognLIIee. IL - not
alleged In The present indctment thst Abraai9 9 In LIN
coin reasonable creature nor mas any proof peeh
ndduced 20 show u; and yet we take Judcl oosu1Ree R
Of the fact 80 We may take JuulcaI cog ~ % @
fact that 40 the time OF MS murder ne was tue iltsl
dent OF the United States because II Is something kn9W1
70 every man. woman ana Cld IN he country Ol
knowing any thing and taking such judicial cosuzauce
of 10. 10 need neither be alleged IN the Inaioth or
proved by witnesses II Is true S saed % Wy G se
Tor the defense, that has been LAID down D slf
Hale I'm his work entitled Pleas OF tho CroWn, uat,
athoush Ieusoh Il so heiYs IA 10 80, 49, i,s betro,s
OF 10 accessories before the iacb Du' ASt ~
character makes all principals who, IN any way con
tribute TO lts commission lo d,s na' g., tbejr
and other fennies not being SO helhous IN II. Ihel.
character aders and abettors are to proceeded against
only ~ accessories before the fact When however he
comes 10 treat OF misdenennOs loWeT Rraue ol ciin
than iclouies, no tells that they Will not admit OF
character sufficiently heinors-the precise reason Ior
which accessories are admitted IN crimes amounting 70
felony Later writer's have generally followed the law
founded that authority the writer's ana seeming
contened with his reasons or ndsposed to depart RON
the principle laid down 10y him But confess TIE reasons
arc not very satisfactory TO my mind have neyeryet
beon abo discover any sound reason why he who ory
mates tie pau OF murder, bu employs another or othor
as his agent agents to perpctnte the crime Is nor
equally guilty with the perpetrators OF H. III aetuateu
by tho malice OF dcprayod and wicked heart, conceive
he purpose ~ numbering him whom suppose To be my
enemy but lacking the opportunity or courage 10 carry
my purpose into execution hire another person who viii
fully executes my wicked design for me- common sense
the common conscience of mankind, Nhch. blf hlt
seldom s 10 direct the true principals Of the law.
lrL l been defined 10 be the perfection OF reason
common sepsc) would seem 20 dictate that cannot De
less guilty than the agent whom had employed upon
the WcuOWn principle OF law, that he who does an act
by another does II himself prucipe when mas been re
conizcd by the Supreme Court OF the United Sttes ia
tho case OF tOcdug at tho United states 2th wheaton,
page 40. applicable 10 criminal as Wen as
clyil cases. principle recognized IN more an
ciont and higher authority than even the supreme
Court OF tho United states, or than LORD Han or any
other writer upon the law 10 which we are accustomed
To look Tor principles and precedents There are Two
which occur tO me-probaOy others hlEht bo
found-reported n the book of Highest Authority KNOWN
among Christian nations decided by Judge from whose
decision there be appeal and before whose solemn
tribunal all Judges and Jurors viii In the great day nave
their yerdics aad judgments passed IN review man
not make better law than God, nor can ne Deer eA
pound or administer the law. ono OF these eases IS t
Of Nnboth aud Ahab contained In the 2lst chapter OF
the First Book OF Kings. NabOth tho lsrnehte WIS
the owner of vineyard hard by the palace OI
Ahab King of samnrn, which had excited the oupdlty
OF the lat;cr, but NabOth WAS unwilling 70 part Mth ~
because 10 was the inheritance OF has fathers Ihs SA
cited the wrath and disp,easure OF King Ahao anu ~
Queen Jezebe who corsred together TO erect tne ueh
OF Naboth and they succeeded, ny having witnesses
-. nj u.a "A blnSpleIlgr.