New-York tribune., 1868-09-24
TRIAL OF JOHN H. sURRATT.
FIRST DECISION UNDER THE PRESIDENTS JULY
PARDON AND AMNESTY PROCLAMATION.

lhlAL Of JO1tN III. cDhhAll.
FIRST DECISION UNDER THE PRESIDENTS JULY
PARDON AND AMNESTY PROCLAMATION.
WASHINGTON, Sept. 23.-In the Criminal
Court this morning the surrstt case, Merrick
tinued his argument contending that surrat within
the scope OF the Presidents amnesty and not Of the
exceptions mentioned In the said proclamation. Mr.
Riddle for the Government held that the OF the
10th OF January 1861 repeating the authority OF the Pres
ident to grant general amnesty Congress only mad he
the President under the CONSTITUTION possessed the
limited power TO declare general amaes,y. ne ais9
contended that srratt is in no way within the scope Oh
the meaning OF the proclamation and that he Is one OF
the persons excepted from its provisions both by person
After the conclusion OF the argument, Judge wyle
viewed the case as it had been presented:
The ofeBse charged the indictment amounted TO
giving aid and comfort to the enemy by entering into
eoln Tbs ofense was a msdcmeanor o an and NOT feony
common law it was not treason according 10 the def
the Presidents proclamation os pardon and amnesty OF
July last The Court for reasons eaboatey sat FORTH
sustained the demurrer Of the District Attorney 70 tho
plea of the counsel for the defendant Mr. Nerrick for
The prisoner asked leave to amend ,he pea to put TN
so that it might stand In proper condition Tor review
aud the Court. Judge lie sand tnat the counsel
for the defendant must be ready with the amended plea
tomorrow morning as he desires to 80 10 Work Oh the
trial.
Judge wyle's decision which believed TO be the first
under the pardon amnesty proclamation Jny last,
ia specially Interesting The Judge sand that
the surratC indictment contained nve counts all of them
charging conspiracy on the part OF the defendants Inc
first second, aud third counts expressed as 10
render Ii little doubtful whether tile intention was 10
charge a conspiracy to abduct aud murder President
Lincoln. or conspiracy to give aid and comfort 70 the
Rebellion The fourth and h counts on mere on. s
charge Of conspiracy on the part OF the
# sppesed to the couTt that the
Of them Was Felony Is an IN Sense sn oi
goods BOTH and very often by capital punishment ae
cording to old English authority In the days o. Coke
might be inflicted that beng the penalty for every crime
| Of hahi and OF
to the old common law TO know %as &
Imprisonment in the pententary are not felonies
crime is misdemeanor unless the statute DO
aid and comfort to the Rebellion an be punished
by ten years Imprisonment In the Renen.,addy. nn, dy
clare felony The defendant has put in spe-
cia plea that when the indictment was found the Pss
dents proclamation OF July had not been Issued He'
the st place put in plea Of no. guilty and after; Sss
ward when this session the Court OF iossaay ia nae
draw it. and put In special plea OF not gay III s me he
President issued proclamation granting amnesty and
pardon all persons for all the oenses described IN tat
R for all ofenses charged in the Indictment The plea
alleges that at the time II was put H. ae the a ,aaic Of
ment for treason or other felony In any Court
o. on tine tine psr S9fa o the United u Il
the facts set up aud that they are properly plead
Pss sHS al to
bad plea to all One OF the charges conspiracy on
terry President lincoln tits certainly not contended
that this is oese embraced IN the procia%ati1n or
ground Then it objected to by the
fendant AYERS that on 2d OF September he under
indictment for treason or other felony In any United
of July eIcepts from operation persons who
under Indictment for treason or other felony Taking the
Indictment at the proclamation for
other felony Then he has no right 70 the benefit OF the
denial by Implication admits another fact the mP IN
cation mus, be admitted TO Se Whole ge0o croabd pea = Ts s
SSSs Sss is Ia't bad, cover a.ess the "0 view
sndss Whenever they shall be released from
of the law from all time hereafter The proclamation
@uss on and
class included in the ofense. he may pardon some
that this court mot sCg.t Of
S but but, tas Rsss S f or oer
Ist not say in this court Admit Mr. Merrick
paied sna ahe the ss the
class then he ought to have pleaded tat on Tue s o
treason n o other T felony IN any United States Court Of
competent Jurisdiction This plea is not consistent with
ough to have . te sas
uepdns S line Ga % no eoa Of on
Attn Of July the plea would be good The Court after
10 a d Ss sHd Ss's s
and American authorities. remarked that the
possible the President nirh have the power grant
it, and the Court would IT, that the proclamation
amnesty for treason agast United States adher
ing the enemy during the late eiyi war Ihe question
is whether the offense CHARGED In the indictment Is
tnly not treason Ia Ii the oeDse Of adherlnR 10 the
enemy during the late struggle That is not the charge
III the indictment In no single count 90 you nnu is
defendant charged with adlerlng 10 tne enemy on tno
\ construction cOntenied for by counsel Tie GIeDso
charged is giving aid and comfort To the enemy III CIV
ing aid and comfort TO the enemy Is .ne sae "nr 90
| the What is hdherirg 10 an enemy. mere arc
two kinds one, eyyiug war on the Govern
| ernment and giving them aid and comfort. Adaerng
alone without giving aid and comfort does not anouhs
to treason. citizen of the United STATES might so
| abroad, aud although the Government might cali Dm
home and he refuse TO still he would not De guilty.
Of treason IL he did not give aid and cofnftt 10 tho
enemy. He might adhere but that alone would not De
by proclamation otherwise ana VINO refuses 70
come held being guilty OF treason In this country
comfort constitute crime II he had gone TO the enemy
and remained with him during the war, without giving
aid and comfort he would not have been guilty OF urea
| son. IL he had remained at home ana the rccotus
SHOW that there enemy he could not have ad-
hered enemy. not having been guilty OF urea
son. or adhering the enemy and giving him aa ana
comfort he is not within the OF the proclamation.
The Oense, then, amounts to tnlsnaney, giving ara
and the enemy; and the indictment
by entering into conspiracy The Indictment does NOT
charge that ANYTHING ever Of the conspiracy II does
not say the President killed The oense with when
prisoner charged is conspiracy wicn Is mlsde-
meanor neither kind OF treason the other,
and not by the terms OF the Amnesty
Proclamation. For the stated the Court decided
in Of sustaining the demurrer the plea Delng oad.
GRAND LODGE OF ODD FELLOWS.
BALTIMORE, Sept. 23-After the discussion
OF proposed amendments the Constitution aud the
cepon reports the Lodge adopted report in favor OF
holding the semieentennla anniversary OF Odu fenow
snip in!Phladelphia on the 26th OF AprD.