Year: 1867




been brought up very vividly before
the public mind. What is now the
general opinion about it, found utter
ance through General B. =. Butler, a
few days before the adjournment OF
Congress. He admitted that the un-
fortunate woman had been unfairly
tried and unjustly condemned to
death and to this must be added, that
she was thus foully dealt with by men
who were themselves sitting in open
violation of law, as an illegal tribunal
Ia "milititary commission. j" The
case may well enlist attention at the
present time for this very same tri-
bunal after being expressly con
demned as illegal by the Supreme
Court of the United Statcs-has just
been established, in full vigor, through
ont ten States of the Union. Nay,
the pretense is openly made that the
"miitary reconstruction act" applies
to States that were never involved in
rebellion-to Maryland, and, by the
same reasoning, to Pennsylvania, or
any other State. Let US then look
back to the origin Of this monstrous
product of our times-the military
commission )" a thing unknown be-
fore 10 the civil or military laws of
our country, for even the latter recog-
nozed only the "court martial for the
trial Of military oficnses. If, in a case
which, literally, the eyes of the world
were upon, this new-iangled tribunal
could hurry an innocent woman TO
the gallows in scandalous disregard Of
every principle of law or evidence, we
may Judge what it may do in corner,
in remote sections, where all inquiry
and complaint will be stifed, by the
very power that inficts the wrongs.


When Wilkes Booth inflicted his
tragic crime in the City of Washing
ton, the courts of the District of Co
lumbia were in full exercise of all
their functions. There could be no
pretense that the due course of law
was interrupted or disturbed, at the
very seat of the government Of the
United States. In its courts, indeed
in any court, the assassins of Mr. Lin
coin would have received prompt JUS
tice the only real risk was that any
one accused would be too promptly
sacrificed to public indignation. Then,
as in all times of great excitement,
every due and deliberate form of pub
lie Justice was needed for the attain
ment of its end-the punishment of
the guilty, and only the guilty. There
is now good reason 10 believe that The
excitement Of the hour was craftily
taken advantage OF by men whose aim
il was to interpolate political tribu-
nails, the most effective instruments Of
tyranny, into the judicial system of
our country They saw chance to
inaugurate, with some sanction from
popular feeling, the scheme 10 which
they have since given monstrous
development in the acts passed by the
late Congress for the establishment Of
military rule in the place Of the judi
cial and political institutions which
arc the birth-right of every American
freeman. Before.Mr. Lincoln death,
Mr.. Stanton had set up in the War
Department bureau of what he
called military justice" which GER
tainly was very differently from any
thing before known as 'justice" among
civilized men. On the very night OF
Mr.. Lincoln's decease, Mr. Stanton
issued a proclamation on his own aG-
thorily, declaring that any one char
boring or sccreting the assassins
should be tried by a military commits
sion, and suffer DEATH This might
have passed as a threat to aid justice
in the pursuit of the criminals but
no sooner did Mr.. johnson enter upon
the Presidential Office than Mr.. Speed,
then the Acknowledgement, presented
an opinion, urging that the parties
accused of the assassination OF Mr..
Lincoln should be tried by military
commission; and this, backed by the
influence of the Radical leaders, pre-
vailed with the new President. He
could not, perhaps, easily refuse de-
mand made in the name of justice to
his murdered predecessor. His acqui-
escence was based on the official opin-
ion Of Speed, as appears by the order,
which begins "Mhereas the Attorney
General has given his opinion" &c.
Under this order Stanton selected the
"military commissioners" who were
to take the place Of Judge and jury, to
try several men and woman, mono
of them in military service, for mur-
der committed in the City OF Wash
iHgton. We are glad, for the fair fame
of our gallant army, that not one of
its great names has ever figured on
the list of subservient tools who did
the dirty work of Mr.. Stantons Blu.
reau of Military Justice" These
were never heard OF in the field, or
only heard Of discredtably General
Hunter was selected as the President
of the "Commission !" he was chiefly
known as a tool Of the Radical politi-
clans, having, at their instigation,
issued a proclamation which Mr.. Lin
coin disavowef We have no space
to recall the incidents Of the mock
trial. Some of the accused were no
doubt guilty, five may properly affirm
that Of any one who has not been con-
victed by the judgment of a lawful
court. Till such conviction, every
accused person is entitled to the pre-
sumption of innocence. But no be-
nign principle Of justice prevailed with
men who were not administering, but
trampling on the laws An aged wo-
man, now recognized as innocent, was
daily dragged before them, loaded