Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-06-23
AN EXTRAORDINARY CASE.
A Radical Judge on hEursier by HEiH-
fasy Commission.

A Radical Judge 0Es Mursser by Min
fary Commission.
Mrs. Surratt, as all our readers know
was hung by order Of military commits
sion at Washington, on charge CO com
plicity with her son in plotting the dealt
of Abraham Lincoln, although the son j.
SO fully prepared to prove himself guilt
less that the authorities dare not brine
him to trial. What 3 spectacle is thu:
exhibited 10 tae. world Tbs methei
executed on a charge of aiding her sor
in murder, and the son himself though
in the hands of the authorities, discharged
without trial! What parallel is there to
this 10 Judicial history 4? a 90 z ~
| Notwithstanding the fact that the
civil courts at Washington were opeH
and the well established principle that
persons not in the military OF naval serv-
ice of the United States cannot legally be
tried by a court>martial, Mrs. Surratt
and others were SO tried and convicted.
They were tried for an Offense against the
civil law by court which had not and
could not have any jurisdiction over such
evidence by an illegal court, and exc
euted in accordance with the Illegal cons
viction. Judge DIN, of the Superior
Court of the District of Columbia, has re-
Gently given his opinion as to the charac-
ter of the proceedings, and he is the best
lawyer on the bench of the court. The
matter was before the court in the case of
certain individuals who claimed rewards
for the capture Of parties said to be cons
nected with the assassination of Mr.. Lin
coin. After setting forth the fact that
"the guarantee of trial by jury contained
in the constitution was intended for
state of war as well as state Of peace
and is equally binding upon rulers and
people at ell times and under all circuIn-
Stances" Judge DIN said: l. ~.
1.-THE parties arrested. tried and con-
victed were tried before a military COM
mission appointed by the Executive De-
partment Of the government. Those
persons Booth, etc. were not in the
military service of that government, or
in the military service Of that sham Con>
federacy organized for the overthrow of
this government. The crime committed
by those persons was committed in this
district. Martial law was never pro
claimed here. Courts of law had been
established and were daily engaged in
efforts TO punish crimes and redress
wrongs. | do not see upon the princi-
pies announced in er pdrte, Milligan, 4
Wallce, p. 2, how an action in this case
can be maintained. 1t will not, | think,
be commended, if none of the parties ar
rested 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, thu
question necessarily arises whether there
was q legal conviction of any of those
parties before the military commission
IL there was not, the commission were
but little better than a mob, and were
themselves guilty Of murder"
This is unmistakable language, and it
comes from judge whose political SYM
pathies are understood to be with the |
Radical party, the party guilty Of those
Outrages against law and justice, those
judicial murders, which he condemns.
We read iR an exchange paper that
case was decided in England many years
lgo, when an illegal sentence by courts
martial in one of the British colonies re-
suited in the death of the victim. When
The Governor, by whose orders the sem
,ence of the court was executed, returned
10 England he was indicted for murder.
He succeeded in making his escape.
About twenty years afterward, thinking
he affair forgotten, he went back to
England, but was arrested, tried, con>
lemned, and, Notwithstanding his posi-
ion, hung as murderer.-LOWisUiNe
COHyjeroT Journal lime %