Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-08-07

heen said in support of THE denunciaiion that
the Supreme Court of the United States, have.
in the case Of MiliiRan. declared that the milf.
tary court w Mich tried Heroid and others for
the murder of Abraham Lincoln was an
Illegal tribunal organized without law with
out right and without warrant in the CoEst,.
tuition q mere cOnvocatfon of military men.
having ho right to try the cause com itted to
them by President johnson; and it mas been
SAID that 1t was convoKed not to try, but to
Condema.
In my humble judgment the Supreme Cont
has made no suoh decision. If SO, why have
not the prisoners now confined upon the Drv
ioi,nsas loI completely IN the greatest crime
OF the age been released from their confine.
ment. They have sympath zing friends enough
10 nave applied any such decision in the Girec-
non OF their discharge, and they would not
rave remained there a week after the decision
mad been made 10 the effect that they were
unlawfuily restrained of their liberty. i'll
understand the decision In Miliigan's case
Alright. 1t went upon the ground that the Com
mission which tried MilIigan was not or.
Ranized in obedience to the act of Congress-
providing for the punishment OF such crimes
opinion of the majority Of tie Court upon the
GROUND that no Hostile foot had ever pressed
the soil OF Indiana at the time when he was
aIraiRned be lore a military tribunal there, aud
that therefore that tribunal which condemned
him for acts OF treason committed in that S tate
had no authority to try hun, not witt standing
terrible struggle for its life. The majority
opinion being thus predicated upon per YER.
sion OF historic truth, we could not perhaps
have looked for more rightfnl deduction.
unprepared, however, "a all loyal hearts
We're for such an aDnounc cement, the American
people would be even yet more aston nded to
have it declared by any court in tbs country
that the Commander in Chief of the Army and
Navy, the President OF the United States, has
not the power in time OF war to IL titute mil
ltary commission for the purpose OF trying
gang of spies and traitors W tho ha We found their
way within the entrenched encampments of the
nations capital to take the life Of the chief OF
the Army and Navy, to assassinate all the
heads OF the executive departments in the
interest OF the pretended government with
which the Federal Government WAS engaged
in war. They who maintain such a doctrine
profess TO defend tt upon the ground that no
such power is delegated by the Consultation,
as they did " no conld find no warrant there TO
GEORGE seeding States into submission to the
Federal thority; but the day has passed by
when honest statesmen will longer, If thew
ever did. regard the sovereignty Of the Fed
eral Union as possessing no other pswers
save those expressly enumerated in the Con-
stitution.
The Government of the United States was
doubtless created by the adoption of the Con-
st tuition. But when it had nca been spaken
INTO being 1t stood upon the same level with
other nations, and was clothed upon with all
the powers incident to an independent SOW
eTeisnty under the laws of nature and of
nat ons, and among these was the power in
I me OF war or great public emergency, to
arrest ana inflict upon spies and traitors the
most summary punishment. whenever And
wherever the strong hand OF military u.tice
car De laid upon them. 1t is power incident
10 the right and duty OF self presery alton aud
ought 70 be exercised. just a. the individual
owes 1t to himself to strike down The assassin
WEo Is feeling + r his heart-strings, without
wallng to lose his own life. in order thai the
courts OF justice may. al heir leisure. proceed
~ try the telon recording TO the forInularies of
the law and the Constitution. The right of
self.defensa needs not to be inscribed mon
rarchments, either for individuals for SOW
ereign States. The Almighty impressed this
right and duty upon the hearts and minds of
men long before He wrote the deca!ogue upon
Inc tables OF stone. To say that this Goyera-
mtnt mas not the power IN time OF war to exer-
else this great duty of self preservation for
want ct warrant in the Constitution. Is 10 con.
denim the action of the Government in acqui.
ring from France and Spain and Maxico and
Russia territory lying far beyond tn. Limits of
the original thirteen States, because such
power OF acquisition and growth Is not pro-
vidsd for by the Cons tuition Both these
powers are but the incidents of sovereignty,
requiring no warrant in written governmental
charters; they are derived from the common
"a" OF nations, and are coeZis:ent With SOW
ereignty.
But with this Military Commission gentle
men, yen have no concern at TINS time: whether
IL was legal or an illegal tribunal, is not the
matter upon which Vou are now called to de-
clde. The oath that yoa have taken requires
thht you shall "well and truly try, ana true
Geltveranc0 make bet Weeu tia Unltr,, States of
America and John II Surratt. the prisoner AT
the bar, whom you have in charge, and true
verdict give according TO your evidence" The
pp'kcHci SIRIUS OeiOT6 yOu indicted for the
murder OF Abraham Lincoln on the llth day
OF April, 1865 in this city. About The time an.
place and manner Of the death OF your late
PRESIDENT no controversy has been made in the
csse. II there had peen, your recollection of
nation IN tears and OF Whole civilized world
IN mourning would have revived your mem
Org OF the sad and terrible fact The only
question, therefore, for you to determine is
whether the prisoner at the bar participated
with John WilkeT Booth and tho others named
In the Indictment, or either or any of them. in
trN a thon RI.
IN the cause your minds shall have been con-
vinced beyond reasonable doubt gro wing ont
OF lna' evidence, that the prisoner did
operate with tAem: II that shall have produced
Il moral conviction In your minds that the
prisoner did participate in the conspiracy
10 murder, or In a plot 10 do some uuluwfnl
act Which resulted in this foul murder no
consideration As to the legality or iiI-yallty of
The tTiounai which tried the prisoners mo.
,her no feelings of sympathy Tor other mem
te!s OF the family: no consideration OF his
YOUTH or that other lives have already been
forfeited for the crime. should for a single mo.
Aent emp, you to step aside from the PLAIN
pathway OF duty. 1t, however. upon a full
ana careful consideration OF the " hole tpsti.
mony, unrttuenced IN the slightest daerep by
prejudice or bias OF whatever character that
mora! convection OF the prisoners guilt shall
nor have been impressed upon your minds
hnt YOU shall stlli entertain an homes { and un.
biased re asontole doubt fastening its Ii upon
your Judgments, and suggesting that ali The
credible proofs pointing III tina direction Of the
prisoners guilt may be strictly true aud NAV
suii be consist II with some hypothesis of in.
hOcenCe which you can construct from the
" hole Credible evidence in the cause, you
VIII give him the benefit OF sp.t. dount
IL Is my nuty. however, gentlemen
TO say to yen that this doubt, TO the beueftof
"h'ch the prisoner is entitled. must not be q
mere speculative or capriclous one. prompt
ca oy passion, or prejudice. or pity, or feeling
o! any KIND save the desire in your hearts 10 do
exact and equal justice By rendering a verdict
IN accordance with the facts. Unjust not be a
vaeue suggestion thar, after all, The prisoner
nay not he guilty: 1t mnst nor BIZ the mare
SHADOW which The angel wing of mercy may !
noneniarily cast upon your mental vision:
nut IL must be such n doubt the voice
OF justice sha'i whisper in your ears. IL the
testimony shall convince your understanding
OF me guilty participation Of the prisoner with
Booth or others in this crime, such con yictiou
IL me moral certainty required by the law,
ana II excludes the idea OF reason able doubt
Inc indictment in this case charges the pris-
oDtr with being engaged in n conspiracy with
John Wilkes Booth and others to effect the
murder OF Abraham Lincoln, and with having
succeeded in tho accomplishment of tina. at.
troClOas crime.
1t has been argued by the counsel for the
prosecution tAat to take the life of the Presi-
dent of the United States is a crime so hainous
III its character that each of the spirators 10
responsible for the act OF each OF his CO con-
splrators. committed in furinerance OF the con-
spiracy so long as he continues 10 be a member
OF that conspiracy: and that he can ONLY be re-
lleved OF criminal responsibility by repenttag
abandoning and renouncing his connection
win Inc consplracy,and cOunternandlug anv
oroeTs ne may have given in relation TO It,
On Inc other hand II is commended by the