The weekly clarion., 1880-07-07

raarlr. and neither ven nor l would wish to
I've under any other. II Il time now, al the
end of almost tw0 years from tae close OF the
war. We should begin 20 rec0Ilect what man
ner Of ueoDIe we are to tolerate again free,
popular q .scussion- and extend some foroeAr-
: aQce and consideration 10 opposing views
Tae max5lns that in all intellectual contests
truth Is mighty AEd must prevail, and thai error
i harmless when reason Is left free 10 combat
q it, are net only sound bat salutary. Il i
poor compl iHleut TO the merits oi such cause
that its aavocates would silence opposition by
: Z force. and generally those only who are IN
Z the wrong VIII resort 70 this uugenerous
means. [ am confident You VIII not commit
YOUR seri rs aEn- mt 70 the proposition thAL
a1v amount Of discussion, or any sort OF
opinions. however UGwlse in your judgment,
OF any assertion OF feeling, however resenttui
OF bitter. not resulting in d breach Of law,
can furnish justine atlon Tor your 4eulai Ihat
profound peace exists IN Texas on might
as well deny tBat profound peace exists IN
New Iork, Pennsylvania, Maryland, Cailfor-
MIA, Ohio. and Kentucky, where majority OF
Jhe people differs with a minority on these
. questions cor that profound peace exists IL the
House Of Representatives or the senate 4t
Washington, or n the Supreme Court. where ali
these questions have been repeatedly i scussei,
and parties respectfully and patiently heard
The BABCoCK CoURT-GEN. HANCoCK's ; NO
TIOS TERsfINATISG PROCEEDINGS.
Gen. ". ;. Hancock arose in his place, and,
. addressing the Court. said
4 TO the Court which viii be proper - be ma lie
before the Court Is sworn, If il be made a. all.
/ If the Court ars prepared ID hear me, | will
\ proceed at once.
/ LIeut.-Gen. SneIldan-Pr0ceet, GeneraI;
I the Court viii hear you.
( Gen. Hancock then read the following mo
tion: sense of duty ID the laws, the mill
tary service, and TO the accused, Impels me to
ask your concurrence in postponement of
this Inquiry for the present. We all
bound 10 believe in the entire innocence of
{ md I'm faF rlf1v9fs gf1Tl he
repellei without the evidence. 1t i due TO
him TO suppose that the court Of inquiry was
asked IN good tai for the reasons given.
W hat were these aeasOns In the course OF a
legal trial in St. Louis, Col. Babcock was
alleged TO be guilty Of high criminal offence.
He asked for hearing ia the same court, |
but was informed that he could not have ii, |
because the evidence was closed. These cir
cumsttnces had led him TO demand II court Of |
Inquiry, as The only means of vlndIcatIon |
that was left. Since then he has been formal |
ly indicted, and is now certain of getting |
that full and fair trial before impartial |
jury which the laws Of the country guarantee |
10 al its citizens The supposed necessity OF |
coHvening military court for the determl- |
M ion Of his guilt or innocence no longer eX- |
lists. l. is not believed that our action as q |
military tribunal can ogst the jurisdiction OF
the court in which the Indictment is pending
The President has said, through the Attorney
General that such not the intention.
Then the trial at ST. Louis and this inquiry
must 90 on at tie same time, unless we await
The difficulties are very formidable The
accused must be present at the trial Of the IN
dictment. Shall proceed and hear the
cause behind his back, or shah we vex him
with two trials at ouce2 The injustice OF this
j. manifest.
presume from the naturetof the case that
the evidence is very volumlnous, consisting
Of records, papers, and oral testimony. Can
compel the production of these while they
wanted for the purposes of the trial at
St. Louis Certainly not, If the military be,
a. the Constitution declares, subordinate TO
the civil authorities. Shall We proceed with
out evidenee c. and give an opinion in ignorance
of the facts That cannot be the wish of
anybody. l take IL for granted that the trial
at 81. Louis will be fair, well as legal, and
that the judgment Will be according to the
very truth and justice of the cause. 1t viii,
without question, he binding and conclusive
upon uS, upon the Government, upon the ac- |
custf. and &pUn the world. If he should be |
convicted, no decision Of ours could rescue I
him from the hands Of the law. If he is ac- +
Quilted, our belief n his innocence viii be OF ,
no consequence. II we anticipate the trial in
the civil court, our juj gment whether for the '
accused or against him, Will have, and ought | |
TO have, no effect upon the jurors. 1t cannot {
even be made known to them, and any attempt | I
to influence them by 1t would justly be re :
garded obstruction Of public justice. a
On the other hand, his conviction there would
be concl luslve evidence of his gullt ami has !.
acquitt8l viii relieve him of the necessitv Of /
showing anything but the record. l do not @
propose TO postpone Indefinitely, but simply to {
a 'il II lIoAi uhy 70 uA5 hAIAt tLlt tNlNSAiIe
upon the subject Of our inquiry shall receive /
hat definite aud conclusive shape which Will =
be impresseIupon il by the verdict of the jury; y
Or until our action having been referred to '
-he War Department, with our opinion that 7
our proceedings should be stayed during the
proceedings of the court of law, shall have n
been confirmed. In case of acquittaI by the c
civil court, the functions OF tins court Will h
not necessarily have terminated. The accused !
nay be pronounced innocent Of any crime
syaIust the STA ute, and yet be guiltp Of some v
tct which the military law might punish by s
expulsion from the army In case of acquit- n
al he may insist upon showing to Us that he f
las done nothing inconsistent with with the 1
conduct of an officer and gentleman, as ,
lie article of war runs; but the great and :
mp pprtant question l., Guilty not in man II
ler and form he stands indicted and it
his can be legally answered only by a jury "
II his country. a
ZEN. HANCOCK DECLINES TO INTERFERE H
IN CIVIL CONTROvERsIEs- ARBITRARY h
POWER HAS no BUSINESS HERE-IT Is q
RESTRAINED BY THE CONSTITUTION. h
Applications have been made at these head 81
quarters implying the existence Of an arbitra- II
Y authority in the Commanding General ! Sc
ouch!ng purely civil controversies.
One petitioner solicits this action, another
hat, and each refers TO some special cOnsid-
rations of grace favor which he supposes
o exist and which should influence this de-
The number Of sucn applications and the \
waste of time they involve make it necessary -
o declare that the administrator of civil
ustice appertsins TO the regular courts. The
lights of litigants do not depend upon the | ot
Jews Of the Geueral-they are TO be adiudged Il
nd settled according to the laws. Arbitrary 81
over, such as he has been urged to assume, | u
as no existence here. 1t is not found in the "a
RVS of Louisiana or of Texas; it cannot be h
e-ived from any act or acts of Congress II ht
restraIned by Constitution and prohi bited B
rom action in many particulars.
The Major-}eneral commanding takes occa- l.
ion to repeat that, while disclaiming judicial ~
lnctions in civil cases, he suffer forci- oi
lie resistance the execution of the processes M
the courts. 70
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