The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1869-06-16
wsdns,a.z Rv.nias. Iane l0, ZEE.
ATTORNEY GENERAL HOARs OPINION ON
MILITARY COMMISSIONS.

the kind that Grant displayed in
making up his cabinet-of his appoint.
msnL The document is elaboration elab.
GRATED, for which reason we cannot give
iis text IN our columns as we would lde to
DO, intending, as we 10, to dissent from IT,
The facts upon which this opinion IS based
and the points to which j. j.. directed, are
thus stated by the Attorney GENERA,
Ii appears that James Weaver, u citizen Of
Bastrop county, 10 Texas, was indicted for muir
der in that county. by request Of j. J. Thorn
ton, District Judge Of the Second DstrIctot Tex
az, made to Gen Reynolds, commander Of the
Fifth Military District B1cUmpanieihy state
nent that trial could not probably be had 10
the state courts AMI asking that he may be tried
by the military authorities, a military commits.
sion was organized a. Austin. Texas, before which,
on the 18th D. September 1865, and days follow
ing, Weaver was arraiguod and tried. lie was de-
frudsd by counsel and found guilty, aud sentcnc-
ed 70 be hanged, ami the question on which you
ask my opinion seems TO be this Whether the
General commanding the Fifth Military District
hal authority % take a man from civil power
and try him by military law, ", in other words,
whether a military commission IN Texas in Sop
TENDER, sos, had jurisdiction over citizen,
not in the navy or military service, charged with
the murder OF another citizen, and under indict-
ment and arrest therefor. From the letter Of Judge
Thornton TO Gen. Reynolds above referred %,
which IL made part Of the record IN this case, It
appears that Weaver was under indictment In the
District Court for the Second Judicial District Of
Texas, for murder, and that the civil courts we're
30 badly situated and managed that, It left with
them, No trial could probably be had. EAcep.
b.. "a . lion
filed by Weaver. who objected, first, that he wa
entitled 10 trial by jury. Second that the Con-
stitutOu VI the United States provided that no
person should DO twice put 10 jeopardy Of lie or
limb for the same offence; that the offence with
which he was charged belonged entirely to the
civil courts of tho state Of Texas, and that he
would ho uaAbleto plead the finding of the con-
mission 10 bar boz the District Court iu Bastr0p
County, Thirdly, that before date Of the order
conyeuiug tue commission be was under iuiict-
Inent In civil courts, and vas under arrest e.
await trial therein, and that the said indictment
Tor the same offence was still pending against
him. Fuurthly, because the District Court ct
Bls!rup County was fully organized and preyar-
ell 20 pass upon all Gases brought before it,
Fifthly, because he, tho said Weaver, Was a cti-
zen not connected with the army Of the United
states, and deceased was also a citizen. These
exceptions were oyerrucd by the commission.
lpon the above statement and the recon.
structiou legislation Of Congress is based
al Argument leading Mr.. Ioar to the con.
clusion that there is no reason IN law Gor
the Presidents withholding his approval o.
the finding Of the commission and the sen
ieuce OF eaver to death.
After rehear-iug the thread.bare partizar
plea OF the Republican party that the consu
tuition has made no provision for rebellion
Of the magnitude Of that which has occurred
and that Congress has authority not only t.
declare war but to recognize its cxiHenc
aud declare how long it shall continue il
any part Of the nation g territory, aud indul.
ing freely in that class Of argumen,atio
which an eager crowd Of ward politician
would gulp down with avidity, he proceed
to suspend the legality Of the military con
mission upon two propositions, as follows
Fret, whether the state Of Texas has been
during rebellion 20 deprived Of all constitutional
and lawful government as a State and so, il
armed hostility 70 the Government Of the Unite,
States, a. to he subject to military law wheI
possession II mr. territory was regatucd by tn
military power Of the u.tcl States and, ~.r
oniIy, whether The right to hold AMI govern th,
''''' ~ ''''''''' P'"'' "", terminated
He Of course does not argue the first qucs
ton, aud leaves the whole matter depeu
dent upon the proper solution Of the second
Up TO tins point he has been vigorously
working his way through columns Of vcrbl
ngo 10 roach 81 sin,Ia copcise nr,posit,or
l,t urC,rt,no,eIy C,- bis or,,,,,o,,, Lo ba,
r,ado no ,,ro,,res. ,o,vord q so,isfao,orv cor.
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,a,. o''e' ,'"'" ''V conclusion ~ '""' oil,
,r;hnns, W. II ~" '''s0 cave, was " ''t" !,
rgar, mon l, . 1 na' ''s, 'U w.,
Toxas "a therefor
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,ho,o;n and on,bor;,;o,, snch ,o1erDmen,
.ssnna the er,;re administrator of II
g.. or,bo e+o,o ircrrd,c, ,be trial a,
nnr;sbment Of civilians. He thinks all la,
&c oarr.o., oro CONGREGATIONAL unless som
hodr damoo.tro,os bovopd n doubt that tn,
IN, ond ,boro fore the LEGISLATION on III
o avg "