The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1869-06-30

[From the Ohio stateman. ].
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Military COEnInfsslOQ.
The hanging of Mrs. Eurratt, by
order of military commission at
Washington, on charges of compiled
ty with her son in plotting the death
of Abraham LincOln-ofW which crime
the mother was as innocent as the
babe unborn, and the son so liable to
prove himself guiltless that the aII-
thorities dare not even bring him to
trials deep stain on the Ameris
can names
Notwithstanding the fact that the
civil courts at Washington were open.
and that persons not IN the military
or naval service Of the United States
cannot be tried by, or in any manner
be made amenable to punishment by
a court-martial, Mrs. tSurrAtt and
sothers were so tried, tor an offense
commission, which had not, and
could not have any Jurisdiction over
such cases. They were convicted up
on er pGrte evidence by an illegal
court, and executed in accordance
with that verdict of Conviction
Judge Olin, of the Superior Court of
the District of Columbia, has but re-
Gently given his opinion in regard to
what that act was. and we present it
to our readers. Judge OIin; who pro-
nounces the opinion, ranks as the
best lawyer on the bench of the court
the Chief Justice, d. K. Carter,
late of this State, like necessity,
knows no law. The case was be-
fore the court in the case of those
who claimed certain rewards for the
capture of parties alleged to be CON
nected with the assassination ofPres-
ident Lincoln.
After reciting the fact that .sthe
guarantee of trial by jury contained
in the Constitution was intended for
q state of war as we'll as state of
peace. and is equally binding upon
rulers and people at all times and un-
der all circumstances" Judge Olin
said:
'sThe parties arrested, tried and
convicted were tried before a milf
tary commission appointed by the
Executive Department of the Gov
ernment. Those persons Booth, ,&c,.)
were not in the military service of
that Government, Or in the military
service of that sham Confederaey or
ganiZed for the overthrow Eof this
Government. The crime committed
by those persons was committed In
this district. Martial law was never
proclaimed here. Courts of law had
been established, and were daily en-
gagged in efforts to punish crimes and
redress wrongs lido not see upon
the principles announced in &c porte, !,
Milligan, 4 Wallace, p. 2, how an ac-
ton in this case can be maintained.
1t Will not, / think, be cOntended,
If none Of the parties arrested had
been tried and convicted, or having
been tried had been acquitted, that
an action could be maintained to re-
cover this reward. If that be so, the
question necessarily arises 10IbetIae7'
there acas q legal c01Dictiol7 of. any of
those parties before this military COM
mission 2 IT there a1Gs not, the COM
MISSION WERE BUT LITTLE BETFER
THAN A MOB, AND WE'RE FHEM-
SELVES GUILTY OF MURDER y
This is language that cannot be
mistaken, and il comes, too, from q
judge whose political sympathIes are
understood to be with the party gull.
ty OF the outrages against law and
justice. - ,1gsE. sdT
A case was decided in England
many years since, when an illegal
sentence by a court-martial, in one
OF the British Colonies, resulted in
the death of the victim. When the
Governor of the Island, by whose or
ders the sentence of excessiYe f1og~
ging, ,lresulting in death, was recalled,
he was indicted for murder, and
made his escape. Some twenty
years thereafter, supposing tbeaffair
forgotten, be returned to England,
was arrested. tried, condemned, and,
notwithstanding his position, he was
hanged as q 97aalTdererA slii
This precedent, if carried OUT in
the United States, would makeevery
member of the military commission
which illegally tried and condemned
Mrs. SUrratt, as much liable to the
punishment due by IawitO those that
commit murder as if they had en-
tered her house and stabbed her TO
the heart. iEl Ytf5 fFs.tils l
These men may yet find to their
cost '.that the way of the transgres-
sor is hard.n 5Ias