The New York Herald Newspaper, June 28, 1865, Page 8

a ’ FORK HERALD, WEDNEpay, JUNE 2 16. . 1, a8 | st tribunal save in and THE TRIAL. Seer S / sepuaraian peataraee rte mates “an we fe agg eee eaceenn oe eee ay Mr. rd Conov seg - 4% Kent, whose great name the counsel has endeavored 4 AT, 4-4 nay aie. . t ieerny may Sao aE age ie pay sca oats sr retifed iF i { | i z i 3 gs if i te great reveronce for | Pre’ of the after citing Die Open battle all enemies, that their toa. ae the court ‘ubeerved, declaren What He Said and Did on His ee ee viaion cn come 6 person shay’, be live; and, meal to ‘crown ‘this horrid a ine the C7 Seeswvection ol sabele: oom “ribu. | ‘0 answer for a capital or otherwise infamous crime un- | erime—this sum ‘of all human atrocities, ‘as | their ciders and sbetiors aonting a Return to Canada. nag Sia) om ‘age on prosentment or Indictment. of a grand Jury, upon your with the scouted abd Jong | Si! persons guilty of any me a ction that it haa | eX0ePt in cases arising tn the Iand or nava) or ike Bosh und John H Sorratt—to Kill ed murder in to the rebels the w . = the militia, when in actual service in time of war or ‘capital the executive officers of your ‘and | United States, shall be to martial appointment | oubiic danger,” is ‘that this exception. is desigued to | the commander Semien When this conspiracy, | % tral sod punish that the writ of babeas low He Was Met by the rs The United | leave in force, not to enlarge, the power ‘vested in Con- } antered into by these traitors, is revealed ‘tsattempeed | Commnieston; and : —-_ somaiion, aad : x = beanie cy the ‘bail De fms for are now or a at Montreal 5 —T) Sere: sana tay for, he Uy aay al ry aati ory es ployed SSS Babae gems lg dae, fora moment p wae i nek The His His Published Affida sue aavertmement, Xt was i ibe Sategal penetinat Wen & net clding and abetting ihe ; tory of Pu avit SP cg of Mr. Gain whi be bad esse troqeeatip. Py wehin your and yous Bo-Reamination De. Maretee. rt, rt entrenched ‘Commander. of "our Denying His Identity. Dr. Murritt was To Mh eam e ‘matbority of the = He » wre ey re bap lenges aid fitanhed Se acted upon pow, during the fierce Se 4 army, your } General, and the Vice Presi. rence 10 a statement made by Mr exereling | Jud, | one ae iced cata ane ae eke ge arey ane 5 Nhe rast fone yearn 20 mae cee ceviven, | Som end the of State, with intent thereby ~ Srerheard a coevermtion eu! the swoond day he ieeimed'centie. | comalzable under the ‘common inw jurisdiction -of the | Tagreo with the gentleman in the maxim which he bor- | $2, 84 the rebellion sad subvert Uhe coustitution aad Thre of th ’ [oosaeee thom coe eanetinel Gaol on ‘orem, very courts of the United states.’ Tnak this Court to bear |: rows from Aristotle, “Let the public weal be under the | Pr svene could mot establish, a cenrt for thelr ané | ats e Conspir, ators 60 | Memphis; as Sy a that narra Paling of the highest judi- | 1a mind ‘hat, this Js PA only passage which he quotes | protection of the Taw;” but Telalm that im war, 98 8 | therefore Congress must ‘is : pon ja Sy = cited, 30 the point | EO" naan’ pestcamod “of ‘common’ saskel ‘however ma Seine whee i tear on raven RIE taw; | Hom I have said before Take His L’ fe. Mare he may be of the exact and varied im | that the iteelf bas for the declare: | With an iit C] only of constitution provided lemn!y neither “Beceptance of the law to which the gentleman may rightfully lay | tion of war for the common defence, to suppress rebel. dent could either the - & the: lagers can hf tek om) the Staton Vion; to_ repel arent by express "> has de- | be and ‘everything om thie trial Ate nrellor clared that whatever is. necentary to. make the prosecu- “ood THE JURISDICTION oF-THR COURT. eee Sat Saag oa act tary. | {i cled, dntimats any suck Ching as the coun, Hon of the war muccnanfal may, be done and, ought pmo Ay = j oe caee = im so constituting pesamaes va rom done, Constitutionally A - Bixmanseg them tee ovitenes;, oa Sarerear We ~ ‘ect, it neces- pcos ores rap Meme afiC tothe land | Who will ’ dare to ey that in timo of civil ph iy / during the tuterview he did not hear the latter CBS I a erty gall peters ogre dhe wir “no person be deprived of | life, | in his argument that no ’ Ken! passage cited, only decides that ithont process Bremen Teegt Atvocate WAtjam tn Reply | Se paving ey oe Mey mm | Sar satan eee ett peg |e = pron Yours, tan wc | et oat comm ner to ” geverdy Joh'say a, meth A ie raid we have friends in court, Fig ‘dia; | SEY ahd navy of the. United Biates and in actual. sor: only the Taw of poate, Bos Of War. ‘i pesoe, that wad ake ateiamsemaciman ones omen , Zour tmown, 1 dia tos ube forgranted was aay Presented and that | Vice aro not cognizable under the common law jurisdic- sion of the constitution must be, and if, enforeed dey Res ae. Dar of the court (Laughter. tuned by a pina tothe Jonatiction ef'e rivunal whore | Honor thecouris of the United States? Ho only siys |'by the civil eourta; in war, it must be, and i, oa great | 1.tv0adpermome and demande ant tz Se eae 5 Seige havent Gaeal Wee we ee’ orvemmens | Seem po ee bal oy teat hence hot aay oe igtioete eee | ea eye disregarded.’ Gonsel at tae stat te ; ted to be said by the counsel for him, that “all | « races ” ‘con- ‘Wand gor, June 27, 1006, | was now through with its testimony. § Giringuishes lawyer, that the order ofthe | Srimen committed by eliizons are, by the contuitution ex. | yan end eeeoreae of a.” All spies arroted, Test! mony of Mr. Sandford Conover. | Argament Bingnem. whose authority his court w const | Staged rom lea Jarsedlceish.57 ancl that hn careas | Yited. an ir iy RnB Aiwa any ‘The unt mot at eloven o'elock , when Judge Advocate |. Amociate = = - ry y = ccnle oe b> of them ome Raden ae cieoummlances be tiled cess of law;’” all enemies captured and held as prisoners Gener’ Holt rocalled Sandford € onover, alin J, W. Wal- ody, wot being a court, can have | Prtcrea™wtandiog upon this peesnee: area Reeeeent, | Of, war, are deprived of pone aki cae bens oer 43.2 Witness for the gover? ment: General Holt eaid |"and sa acourt to decide any question wit | to say ‘that, ‘according to this groat authority, every | appropriated in war are deprived of tholr property Be | hem in his hand a voluw ye eontaining the judicial ledividual members Bye! ther class of persons and every other species of offences ‘without due process.of law.’ 2 2 ~~ cont men fo not im fact exit. It is a maxim of | 74 within the Jurisdiction of the civil oourte, and onti- PTUORET ay ApAne rp walgstmbet | mpcoedings in the case of th’) St. Albans raid, and asked | der low the of human reason —that | ‘Jed to the protection of the ¢ Proceeding by presentment | what There cad Dinsiaten’ the propesting that in {© Mo witness whether bis ev¥ dence was therein truthfully | "pon = moe Lg ® = or indictment and ithe le trial tn, sue 8 court.” | time of war the civil tribunals of justice are wholly or weported. The witness 8 jd the testimony to which | ties with in the a ‘that it does nok exist ‘more than ® rational that note Chancel says:—'Mil law is @ ly silent, as the public safety may require; that Sree, etd et 1 rotrena pry hn ut | re" "wte Ue ron” ya egy | Sins sn hat bon ree tereueane fr che eremmant athe semi | Ue nitions and provions of ge eoueuton infaror =e with Se at ae person named ae tl AI have heen deme in a a ee ee . act of Congress of Apri 10, 1806, known as the Articles ait Hiecty any} property am e1 ope roe ou Tame’ ow man} pam: - Refore passing from the cons deration suspe sustal Saco gave tostimony OM that trial?” A. ‘There were threo | bation, oterminstion of onick reat foe ofthe learned Hemator, that this «aot a court, it of War and naval law is. similar system for he gov; | gocond to none with mnteligent American eltizont. MF. | Serer uhan the lnaage wo far as 1 know:—V/illiam Pope Wallace, J. Watson —— honorable rod im paming upon that 1 shout notice that another of the counre! forthe | 4571 23, 1800, But martial law is quite a distinct thing, eine ded. the cbalr Tot the chief ‘angie But, the gentleman, if there bo a statute authonz- ‘Wallace and J, Wallac; what was read from the book | which this court ane the sobs Dotgue ef tee lw tna Sconeesd (i. wing) bas aleo advanond the rame opinion. | 424 i, founded upon paramount ‘necessity, and pre. | Pasman nover ascended the chair of the Pop. | 128 by military commission, “Let it be produced. j now was the sport of the Montreal Lag ot the fact. In presenting my views upon the questions with more directness and candor, and without | cisimed by a military chief.” y) Pro- | tracy in America—said in his place in the House of Rep- | By the act of March 3, 1562, it is ‘proviand in seetlon ted from the type of that newspaper; the report | of law raised by the several counsel for the defence, end | any Wir statement ie —"Yor. Satamen, : Tesentatives, in 1836, that:— thirty that in time of war, insurrection or rebellion, ‘which appeared in Uae Montreal Witness was correct; this | also on tho testi: adduced for end the ae | “ere ne court under the constitution.” This remark MR. MARCY AND CALEB CUSHING CITED. In the gathortty given to Congress by the constitution of | murder and assault with intent to kill, &¢., when com. ; ‘vead as follows:— cused, I desire to be just to them, =) to ™ the entloman cannot fail to exeite surprise, when it is | Tn the same spirit, and jf seems to me with the same | the United States to declare war, all the powers incidentt© | mitted by pergons in the military ‘service, shall be Jamev Watson Wallace said—I reside at present in this | just to my country, and just to my own comviction® | Famembored that the gentleman, wi many mon’hs since, poet bond sree ae learned gentleman ae ee ee neh Been Mow the powers incidental to | punishable by the sentence of a court martial or military, ,,and have been here since October; I was formerly a joined involves the Tutsreets af the accused, was « general im the serwive af the country. and ae such in | Very ly pressed into his service, by an extract from | Went Oars ai not from ihelr internal manicipel soyree, | commission, and the punishment of such offences she int of the Confederate States; I know James A. and, in my it, the interests of the whole | Ais depertment inthe Wee proclaimed and enforced martial | the autobiography of the war-worn yeteran and hero, | Sut from the laws and usages of nations. 1 . | never be less than those inflicted by the 'aws of the a occupied the position of Secretary of War; I should | people of the United’ States, of great mo. | law by the ¢ awiution of tribals for the trial of Scott, the names of the late Secretary of War, | in the authority of Congressand of the Execut State or district in which they have beea co:nmitte! SUBS sist years on eoebrat‘oecusions accu the wigsature | Ment to all the people of this the preonees Secetan SP aaed oan te we ome “guily Me. Marcy, and the learnod ex-Attorney General, Mr. | of powers alingether diterant fo. their nature nod often ine | By the durty-cighth soccon of the same. Sct i 1s pr ‘James A. Seddon, and have seen him on several occasions | &t Your bar be lawfully tried convicted or | of military ofeme-s. for which he Aeomed them justly - | Cushing. This adrolt performance is achieved in this | compalibie with each other tne et Peer tionnart te | Vided that all persons who, in time of war .or rebollicc Ms name; he tis signed documents in my presence. | 8 uitted. A wrong apd illegal conviction or « wrongful hefare courts, and accordingly he punished | Way —A\ e fact that General Scott in Mexico | Powtr., by provisicne’ prescribed wihin the eonsttaion | against the United States, shall be found lurks ad banded them tome after signing; I never ‘belonged to | and illegal aquittal upon this 4 would lathe qaite sure, when that account law for the trial and punishment by | fier’ The war power is limited only by the laws and usa ing or acting a8 spies in or about the camps, &c., of ‘he Confederate army, but have seen many commissions | somewhat the secnrity of every man's life, Xe. 1-4 comes Ube rendered for thee uneonstitutionat | military tribunals of persons guilty of ‘assassination, | of nations, ‘This power is tremendous: it Iastricily consti- | the United States, or elsewhere, shall be triable b: Serqed by tho Confederate government; the commission of | stability of the republic. The charged and spect Seriaitnass” pen sha he sia pave tray ef murder and polsoning,”” the gentleman proceeds 10 | tutiotal. "but it breaks down every barriet) #0 ansionsly | military comiatasion, and shall pon conviction, suffed ee ee len a, the usu, ry of War. have | 90d upon your record is not crime of mat | more of these alleged violations of the ribts of citizens | quote — = rag seein ee bak oe, way erected for the protection of liberty, of property and of life. | Goat.” Hero is a atutute which expressly declares that @ever secn a commission with the name of the President, or | dering a human being, but it i crane of kil and } TT ae Vo Ta | Banded then Secretary far, Mr. Marcy, If this be 80, how can thero be trial by jury for mili- | a)j persons, whether citizens or org hie in time ‘with the seal of the government; the Confederates, at the | murdering on the 14th day of April, A. D. 1865, member of this conrt? + te ¢ roy his approval, ‘a startle at the title (martial law | tary offences in time of civil war? If you cannot, and do | of rebellion, shall be found acting a# y sliall suffer Mime I left the country, had no seal; one had been designed | the military department of Washington and the t- | this ie me court, the em the article of | Order) was the only comment he then or cver made | not, try the armed enemy before you shoot him, or the | death upon'conviction by a military commission. Why Sut not prepared. trenched lines thereof, Abraham Lincoln, then he and that it was ‘soon silently returned | captured enemy before you imprison him, why should | did not the gentleman give us some argument upon thit ‘The witness remarked tho above was substantially | of the United States, and commander-in-chief of je for safe handling.’ ‘A little later (he | yon be held to open the civil courts and try the spy, the | law? We have sen that it was the existing law of the i i Hi ‘what he did say. It was clipped entire from the Montrea! | and navy thereof; and then and there assaulting, with im- | amd euch inferior courte ax Congrear "the | adds) Attorney General (Mr. Cushing) called and | conspirator and the assassin in the secret service of the | United States under the confederation. Then, and since, Witmess or the Herald. tent to Kill and murder, William H. Beward, ‘then Becre. where “chal held their r Ay during good See Or 5s copy, antibe Jaw officer of the government, blic enemy, by jury, before you convict and punish | men not in the land or naval forces of the United States Q@ State whether after you gave your testimony in this | tary of State of the United States; and then and there | on.” too euiatcet answer co cay 1 the guatie ‘whose business it is to speak on all such matters, was | him? Why not clamor against holding !mprisoned the | have suffered death for this offence upon cenviction by court you visited Montreal? A. I ‘Jeft here per! the | lying in wait to kill and murder Andrew Johnson, then man, [A this government to try pun. | stricken with legal dumbnoss,’*” Thereupon the Joarned | eaptured armod rebels, deprived of their liberty without | courts martial. If it was competent for Congress (¢ game day, Vice President of the United States, and Ulysses 8 Gront, | ish military by military tribanals be _ of | gentleman proceeds to say :—‘‘How much more startled | que process of law? Are they not citizonsYy’ Why not | authorize their trial by courts martial, it was equaliy @ Whom did you meet there of those spoken of as | then J.ieutenaut General and in command of the armies | the ‘Judicial of the United States,” the | Sud more paralyzed would these great mon have boon | olamor against slaying for their crime of treason, which | competent for Congress to authorize their tri A. I mot Tucker, Casroll, Dr. Patton, 6x-Gov- | of the United States, in ‘of @ treasonable com- thind crticte of the constitution, but ® power conferred | bad they been consulted on such a commission as this! | jg cognizable in the civil courts, by your rifled ordnance | hy military commission, and accordingly they ha ersor Westcott, George Sanders, Iewis Sanders, his son, | spiracy entered into by the accused with one Joho Wilken | by the section of the dew article, and so it hag | 4 Commission not to sit in another rey and to try | and the iron hail of your mnsketry in battle, these public | done so. By the same withority the Congress may and a number of others; I had’a free conversation with | Booth and John H. Surratt, upon the instigation of Jef | been by the Court tn Byres ve Hoover, | fences not provided for in any law of tho United States, | enemies, without trial by jury? “Are they not citizens? | tend the jurisdiction of militury commissions ‘over ail some of thom, especially with Tucker and Sanders. ferson Davis, Jacob Thompson and George N. Sanders | 3) Howard, 7% If power i so conferred by the | civil or military, then in force. but in their own country, | Why is the clamor confined exclusively to the trial by offences or critaes committed in time of rebellior, Q What did Tucker say, so far as the purpose of those | and others, with intent thereby to aid the existing rebel. | eighth section, a military court authorived by Conetes, sed ine of twhere there are laws providing for | military tribunals of justice of traitorous spies, traitorous aid of the public enemy; and it certainly men were concerned? A. They had not the slightest | lion and subvert the constitution and laws of the United | and constituted a» this has been, te ty all persons their af oye and civil courts clothed with | conspirators and assassins hired to do secretly what the < with right reason, that if it were Just to Sdea that T had testified before this commission, and | States. The rebellion, in aid of which this conspiracy | for militery crmee im time of war, thongh | Semple powers for both in the daily and undisturbed | armed robel attempts to do openly—murder your nation- | abject to death, by the sentence of a military veceived ine with great cordiality; the *ubject of this | was formed and this great public crime committed, was | not exerising tthe jadivial power” provided | @xeraine of their jurixdiction.”” In the light of thes de- | atity by asswesjnating its defenders and its executive , all persons who shoald be guilty merely of Srial was generally discussed; Tucker, afer denouncing | prosecuted for the vindication of no right, for the redress | for im the third article, ie nevertheless a court | Cieloms it must be clear to every mind that the question | omcers. I think that in time of war the remark of Mon- 4 spies in the interests of the fe > Stanton and President Johnson as great'scoundrels, spoke | of no wrong, but was itsell simply a erita’nal re | oF constiiniionsl se the vpreme Court itself | @f the @nixtence of an insurrection, and tho necyssity of | tecquien, touching the civil judiciary, is trve: that “it 1s ‘of rebellion, though. they obtain of Judge Holt as a bloodthirsty old villain; he said they | cy and gigantic aseassination, In resisung and pe ond | Inasmuch a» the gentleman (General Ewing) for whom, | calling inte Y ow for its suppression both the | next to nothing.” Hamilton well said, ‘The executive | thougit they in‘licted uo personal injury, but were simp! : must protect themselves by a pant ‘at present— | this rebellion the American people take no step back | personally, | haven high tegard asthe miliary com | "wilitie of the States and the army and navy of | holds the sword of the community; the judiciary has no | overtaken and dotected in the endeavor to obtain intel | but, by the Eternal, a day of reckoning would ; ward, und cast no reproach upon their past history, mander of a Western department, made a thera exer | the United States, and of preriaiming martial law, | direction of the strength of society; it has neither force | gence for the cnemy, those who enter into conspira:y ome; then they would @ a heavy account to settle. | people now, as ever, proclaim the self-evident truth that | cixe, under the order of the commanderio-chief of the | Must rest with the officer of the government, who 48 | nor will; it has judgment alone, and is dependent for | with the enemy, not only to lurk as spies in you Sanders did not inake such violent threats as Tucker did; | Whenever government becomes subversive of the ends of | army, of this power to arrest and itary offenders cherged by the express teri of the constitution with | the execution of that upon the arin of the execn- | camp, but to lurk thero as murderers and agsassins, a0 ‘William 8. Cleary, whom he also met, made similar vio- tion, it is the right and duty of the people to alter | net i the land oF naval forces of Mater, ond | the performance of this great duty for the common de- | tive.” The people of thes States so understood the | who, in pursuance of that conspiracy, commit assassina- \ \ Jent threats; he ‘said Beale would have been pardoned ish It; bat during these four yearsof confiict they | inflicted upon them, ax Tam informed treme pen | tence and the execution of the laws of the Union. But | congtitution, and adopted it, and intended thereby, with- | tion’ and murder upon the omoabeder-in-Chi ‘dy the President had it uot been for Judge Holt; he also | have as clearly proclaimed, as was ‘Meir right aud duty, | alty of the law. by virene of Ite jurmdiction. {| Hs further insisted by the gentleman in this argument, | ont jimilation or restraint, to empower their Congress | or your army within your camp and said’ blood should follow blood; he reminded me of what | both by law and by arms, that the government of | wish to kur prociamation that Congrems has pot authorized tho ¢stablishment of | and Executive to authorize by law, and execute by force, | aid “of rebellion, should ~ be subject in Mi ) Be has formerly remarked of President Lincoin—that re- | their own choice, humanely and wisely administered, | of the amalt Such weurpe | Miltary Commissions, which are ensential to the judicial | whatever the public safcty might require to suppress | manner to. trial Thilitary commission. (Stat, tefbutive justice had come, and that the assnssination of | oppressive of none and just to all, shall not be Sone of joaieiat Taat be shall be wah. | Sdininivtration of martial law and the punisbinent of | ropeilion or repel invasion. Notwithstanding all that | Large 12, 7: ch. §. Accordingly, the President ha the Prosident was the beginning of it. overthrown by privy conspiracy or armed rebellion. | jected to the same sterh he Invokes | Cfiter comunitted durine the existence of a civil war, | has been said by the counsel for the accused to the con- | ing go declared, the Congeors, as we have stated, have '@ After giving your lostimony id you not go to | It is for this pocret Conspiracy. in the lotero of the | sucinst ‘adhere sstinn, tn eho tes aromn nnd | ema that veh commissions ure nol ne author | trary, the constitution has received this construction | gfirmed that his order was valld, and tha all person Canada for me? A. 1 did, to get a certified copy of the | rebellion, formed at the instigation of the chiefs in that | quartered for inf he extreme the touy echer than thove in the military oF | from the day of its adoption to this hour. The Supreme | geting by authority, aud consequently asa court pr: at Montreal; I met the irators; I had not | rebellion: and jn pursuance of which the acts charged | upon citixens of the United States in violation of the con | Raval service of the United Btater, er im the militia of | Conrt of the United Rtates has solemnly decided that the nouncing st ntence upon he offender ag the usays i the several Stator, when in the actuel service of tho | constitution has conferred upon the government autho- been there long when they discov my testimony p | eet ee Tae Kettloman's argument assuredly | rity to employ all the moans necessary to the faithtul wocitied all . ee ence weilihed; 1 received a message from Sanders, | futent laid, and that’ the aowased are justified by the law of the jan 5 3 . = > eget to bave been done and with the | sitet sod tome of ie ‘are upon trial, tion ‘I have cited, it is apparent thr En tk TIT | edo people Uhany Hats eg histted tab obiy Gan emeame tie This court wp ike apromniment ofthe Press, | so. the, Iegutative sepertmenr of the guverntvent | sxestuon of al the powers mich thay goneinton cn | 5 thas they are asthorised to iy Sap @ The man who boasted of setting fire to. houses in | parties to this unnatural and atrocious conspiracy and | dent, and which appoiniment wee neither sought ty me om Powe mo law which, either in peace or war, can | Cvery department and every officer thareof. Drie citisheie tek ta Che Slevicn af te Yew York? A. He so boasted; I went into dsaloon to | crime. The President of the United States, in the dis- | 1 ‘allow all that har been bere sald by Com*tutionally subject any citizen not tn the land or | POWER OF CONGRESS. ‘aud to pronounce the sentenco of dea! ‘wait until the public officos were opened; while sitting | charge of his duty ax commander-in-chief of the ary, | ‘of the murdered President end hin) Se¥el forces te trial for crime before a military tribunal, Bas the Congress, to whom is committed the sove- ind that the commander of a depart 7 ‘there, in about ten m nutes a dozen rebels surrounded | and by virtue of the power vested in him by the constitu. | successor to unnoticed This har tar Been made the | or therwine then by « im the civil courts, The | reignty of the wholes people to declare war, by legislation na ‘ in tho field carry _ moe; thoy accused me of having betrayed their se-rrts; | on and. laws of the United States, hhas constituted | occasion by the learned counael Me Johann. te ewe, | TBS argument amounts to this:—That ue military courts | Toatricted the President, or attempted 10 rasities bitn. Ih i cavention, “But ays ah baad grave pot'knowing at the time that my testimony had been | you « military court, to hear and determine the | teer, not to defend the arvwaed, E Survatt, we! te make | and trade of civilians im tite of war are @Usur- | the prosecution of this war for the Union from exercis- » Cotareae hams deciaiea ip wish toam lished, I denied sit; they said if T would give them a | issue joined against the accused, and has consti- te judicial argument tm her tabalf, 6-4 to nak « petitical pation and tyranny and as soldiers are liable to ench | ing all the “powers” and adopting all the “proceedings” | valltnted. "Vie ennwer te trai Sonn ‘to that effect, it would be well; just as I was about | tuted you a court for no other purpose whatever, To ue, a putionn peek against hit gorernment and | Atrenix and Uriel, Rergeant Gorbert, who shot Booth, | agually approved and employed by the civilized world? “ has already been anticipated in’ the citation Ro got away, Beverly Tucker came in; ho saidamere | this charge and specification the defendauts have | coun'ry, and there'y evil the e-y of (he ermed kepions of | Phoult De tried aud executed by sentence of & military | We would, in my judgment, be a bold man who asserted | from Kenet: whores it appeared to be the voles cd Fetter would ‘not do, because I had testified before the | pleaded, first, thut this court bas no jurisdiction im the | sedition and revellion tha! bart geterday theak the heawone | gourt; while Roth's co-enspiyatore sad sidere should thas Congross haa so fegialated; and the Congress which | 0mm. Renet, wherein 1 Sppeswn Tent of all nite? eourt, therefore T mist givg some paper under oath to | premises; and, second, not guilty, Ax the court has al- | with their infernal nginery af treason and filled the tabi | Wo maved from any such indiguity as smititary triall I} snouid by law fetter the executive urm, when raised for | Se "ww wpartial thas in the puabiiiment or el tollitery make my Qeniai suilicionly strong; about a doxn of | ready overruled the plea to the jurisdiction, it would bo | talisma of ihe perple south As the tow fortide ations | Coulee that Lam tow dull tw comprebend tho logic, the | te common defence, would, in my opiaion, be false to Fr tikton ted eonatintoa, tae tae Me hese men assailed me ina furions inanner; O'Donnell | passed over in silence by me but for the fact that a; tor of the United States to restive compensation or fee | fan, Or the sense of euch ® conclusion! I there is | heir oath. 1 Songrosss be ‘rules for ti> | wv the acthoritteet the eommmading e@iper or? the took out his platol, sd said unless I did so I ve and elaborate argument has been made by couusél | for defending, in case before civ!) er military comanie | Ay ene entitled to thie privilege of w civil trial, at a re- verament of the army and he militia, when. | rad ne. hem ie od mtn ing 44g il seer a Lever ‘dere. thy room alive; at Ings Sanders | for the aocased, uot tmly te shew tee: Wome Of ferme | son, the genideman volunteers to make « speech be. | wale ported. and by & Jury of dhe dietrict, im time of | fy "actual service, by urticles , fa an exprom | ious the ofisers? (ork GO TORI: thas aid, ‘Wallace, you eo what kind of hands | tion, butto arraign the President of the United States deneaness the action of the | civil War, whem dations of the republic are nt of power in the constit | the: Morlaty’” codmetea” Wine thelr pe are ing’ {ay length consented; It was | before the country and the world asa usurper of Procksimine: and executing focking beweath the enrthqudt tread of armed | Congress rightfully exercised, ccdicign . condashed AcapMing 90; iilibe- samme ee retood that I was t4 prepare the paper in’ my own | over the lives and the liberties of the prisoners, Deny. ‘arms. their sidersand abet- | febeliion, that man i# the defender of the re- | the Executive must and does obey. That C a ee ae Wea eae, GA coer aw ‘way ; I intended, howeygr, not to prepare the paper, but | ing the authority of the President to constitute this com- a and a tyrany T oo | public Ht will never do to may, ae as deen | gid the Executive by legislation hh coe pros eh FE ee Se ees ee, ver, to exeaps from them atthe most conventent opportunity; | mission is an averment that this tribunal is not a court | it mny duty to reply to, thie denomelation, mot | felt i thir argument, that the goldier is mot Me | War civil or forcign, is admitted. That Conroe may | TArtia! which the ves eae a vclamatign Las dcelay.. they insisted they mug £0 10 ,O'Donnell’s roam, gaat of Justice, has no existence, aud therefore no | for the purpose - thereby oa ques. | ble 10 be tried “ Mary tribunal for | restrain the Executive, and arraign, try antl condemn | CORT Nas Jegaline’. ae toa b auiiocy comune: to com i= ane ermine we ° fa 7 a ¢. is vet $. ct Siesrnrerhn sm fr rae baat; | Fnac an, wh ate | Sen ae asso again ‘mrs | ree ary" Seer | org" cin Act ny SRY bu | es om Cnet me $mo of Morgan's mos were there; a pistol was again | averment by way of argument, owe it to themsclves and | question for ite derision ar @ court but to fepel, ar far | than that eitinen and soldier alike, im time of civil OF | ait laws necessary to enable the Exceutive to execute the | tom that aa martial law te by the prociamation declare: ‘@rawn on me; Kerr came; the aliidavit. was prepared, | to their country to show how the Prosident could other. } as may be aise, the unjust atiompled to be | foreign wer, afer «proclamation of martial law, are | jaws of the Union, suppress Insurrection sie acc urea ant ae Se teas ane Gunton ‘nd Iegned i andwent through the ceremony of an | wise lawfully and efficiently dlacharge the duty enjuined | east upon the memory of eur dena Vreeidemt, an | triable by tnilitery tribunals for all offences of Which | gion, is one of tho oxpresh. requirement wget tne ta ‘Presi jared thal : upou him by his oath to protect, preserve aad. defend | the official conduct of his successor. Bis plea te | ther may the Interests of, oF in concert } ton’ for the performance of which tue (i Sear ped bpateh rgniyrthps t apergeeton | @ Did you know that Kerr had knowledge of these | the constitution of the United States, and t take care | of an expiring and shattared retellion 4+ @ At subject for | With, the provisions, therefore, of your | by an oath, What was the legislation of Co! | ey eee ie scanaansion arene eh Uledgitweea be ake ‘A. It mast have so appeared 16 him, as Tucker | that the laws be falthfully executed, Bli: comaiderotimns and public cowlemmation Coumitusom, for indictment and rial by jury in civil | treason fire Sumter? By the act of 1796 | Coninander-in-Chief according. erecta ore said 11 did not sign the paper I should never leave tho THE CASE STATED, - wwurts of sileot and inoperative in time of | te provided that whenever, the luwe of the United | commander in Chief according to the rule $f procedurs opr alive, and Laat they woald follow me to bell am crits senetion, ne alleged ge ape i gratio. | Wer when the public saiety requires Btates shall be opposed, or the execution thereof ob- | should be in accordance with the laws of war and the , | -gpetwards copied into the New York Worl) . id. | racy was entered into by the accused, incited and insti- ‘The paper was read. It appeared in the Montreal | gated thereto by the chet of this rebellion, to kill and px -~ +44 ‘clegraph of June 10, and is to the effect that If | murder the exec officers of the government, and ve 4 President Johnson will send bim (James W. Wallace) a | the commander ‘The stroggie for our national independence was aided | bo gn i by the ordinary course of judic.al proceed- since Semeaetes by Suthary Wienals aad morte! lew, 08 | ing ‘or by the bE vested Ia, the mavhuls, itshall‘pe | as bara yy en a mans! pombe om ‘ sone REVOLUTIONARY PRECKDENTE. structed, in any State by combinations too powerful to | usages of nations. Logisiation no more definite than this / New ‘and ity | awfnl by this aot for tho President to call forth the mill | the United States valid. for the punishment of offenders. - ‘The contest tor American nation. I ik : he ariuies of the United States, aud the | began with the establisiment—very som alter the Oring tin of guch tate oro: any other State or Statog a8 may SOHNBON'S ACTIONS @afe-condnct to go to Washington and return to Mon- | that this conspiracy was partly executed by the murder . Pusher | Of the fret gup st Lexineton on the 19h day of April, | be necessary torbapprens och combinations and to cause | But tt is a fact eet ae not be omitted. in the reply treal, he would procead thither and go before the mili- | of Abraham Lincoln, and by a 8 aides ae teilitary wrivonnl: and martial law. Ou the Hh ine laws io be executed. By the act of 1807 it | which J muke to the gentleman’s argu thet on ot og | tary court, in order that thoy may sec whether he was | the Secretary Abe same Sandford Couover who swore as stated. This is | argument, t Gated Juno 8, 1865, and signed James W. Wallace. To | the cousplrators be numerous and al larg 1776 the Continental Congress provided that | j. i 7 | - provided that in case of insurrection or | fort was raude by himself and others in the Senate of the belonging to the coutinental army, sball be | onstruction to the laws either of the United y ‘Stater, the 3d of March last, fo comd mn the or. holding commypondenee with, oF wiVINE | gtaion or of any individual State or Terti- patna ders et a * “ ~ te ; 3 dee | fade gid Pe -yocn J fe the titer dir “es Johnarn), with greater plainnee «f speech, doulas, by vor intensified, dvi Oe tnen'y five thensand dliars mada ly order President ‘this the.adavit before referred to is appended, viz: | eager to compiete the horrid work of peceio-d, and the hope of more, denmumert the enurt asa | Wielligunce to, the enemy, either indiretly or directly, | Lory where it ie latctul for the President of the United Sobints inate punbooct Ut path sah pone Tam the sane James W. Wallace who gave evidence onthe | already begun within your military eneamp usurpation and threatens the members with the conse | Shall suffer snob punishment as by a court martial stuall States to call forth the militia for the were, of sup- | reverse, by the judgment ‘hd ‘ha Tao which hed subject of the St Albans raid, which evidence appears on | Successor Of your murdered President is a usurper if he | quences, be ordered." | Thi found not sufholemt, \oaemuch as ing @uch insurrection or of causing the laws to be | been tefnre arrmtag has oe, which action wot Fae 22 oF the printed report of the ous; tame natlve of | attempts by military force ayd martial law, a6 com- ‘The COURT Nor RNCRET, 8 Gid wat vench ti vitians who, like certain civilians | Guiy executed, it shall be lawful for him to employ for | signali rratel Sern ive neen and Seumined the report of what ie | mander-in-chief, to ‘prevent the consummation of this | The argument of the gentleman, to which the Court | of our day, claim the protection of the civil law in time such purpose such part of the land or aval forces of the : RNGLIBU PRECEDENTS CITED. galled the suppressed evitence betore the court martial now | {aitorous conspiracy in uid of this treasouable rebellion. | has listened #0 patiently and # te bot an attempt | Of War Againet military arrrets and military trials fF | United states ax shall be judged necessary. Can any one | ‘The gentleman's argument is full of citations of Englisls Seat eee een cay Mtoe Deere ing | aeat,Lanewer, hey are closed thracphees: Watt aha, | toe Ratice Mace Coe ateael (rine Reversettee | Siu of) oveamber, IVW0, cameaded this provision. wy | 42a thet by se acta the Preaidant iclouhed with full | precedent. “There i a late Hugilsh procedout beating a0 carefully through the report of the they ; ghout half the re. | the Uni arrest upon mil A vi ror to determine whether armed insurrection exists in o qetegnce tn the jew York papers of & aon calling ee Public, and were only open in this District on the day of | before military tribunalr, and punish upon conviction, virtking ont the words‘ to the continental op taste of Territory of the Union, and if eo to make woes ean eneak weieuias essenitetenian, wrtos eal Hfontreal, he went by the name of James Watse’ Watlree, | this Confederation and conspiracy, on the day of the | in accordance with the laws of war and the usages of | rmy,” and adopting the article ae follows war upon it with all the force he may deom necessary or | {mprtconment of citizens—that I beg loave to commend ‘and gave evidence in the St. Albans raid. investiga: | ‘Aitorous assassination of your President, and are only | nations, all criminal ofenders acting m aid of the exist Al convicted of holding & treacherous correspond: | be able to command? By the simple exercise of this | ¢o his consideration. I refer to to the statute of 11 and 1% tion ; that said Sandford Conover ntly personated | Open at this hour by force of the bayonet. Does any | ing rebrliion. It does seem to me that the speech, tm ite gece Hit ot ining ove to, the evems, shall suffer | great power it necesvarily results that he may, in the | Victoria, cb. 35, entitled ‘An act to empower the Lord ame before the said court martial; that I nover gave any tea- | Man suppore that if the military forces which garrison | tone and temper, is the same as that which the country | death or such Punishwoent ase general court martial | Drosecution of the war for the suppression of such insur- | Tieutenant, or other Chief Governor or Governors of Ire- timony whatever pefore dhe ead court marta) at Wouning: | the intrenchments of your capital fifty thousand strong, | han heard for the lat four years, uttered by the armed God Gas preges Tection, suspend as far as may be necessary the civil ad. | fend, te-apprehend and detain until the lat day of March, s wi ton city; that I never had knowledge of Joun Wilkes Booth, | were all withdrawn the rebel ban 10 this day infest | rebels themneelves, and hy their apologists, « exc; seeing him on the stage, and did not know that be | the mountain passes in your vicinity would allow this | it was unconstitutional for the government of the U1 i et ' on the 17th of June, 1776, the Congress added aM | sninistration of jastice by substituting in its stead martial o he or they shall suspect of conspir. law, which is simply the common law of war. If | 1040: Sich Pernran Ot ig person and government,” passed ‘was in Montreal until | aaw it published after the murder of | court or any ¢ i - President Lincoln; that I never wasa correspoudent of the art, or any court, to remain open in this district for | States to defend by arms ite own righful anthority and al 5 DOL membere of, nor owing to, | in such a moment the President may make . 25 s clares that Row York Triue; that] never went uuder the naine of Suid. | the trial of these their confederates, or would permit | the supremacy of its laws. It i« an clearly the right of he PA em te By a4 s. saue week ereil warrant, cad way lates we Zale, Sh ISS emi matte te Sao a, Goctares ford @onover; that 1 never had any co! a mun your executive officers to discharge the trust committed | the republic to live and to defend ite life until it forfelte ink oe spleen ot abot the [ortitcatons or cncammmen't | violence or peualtics on persons (aa is claimed here for | within that parioa within thet of the United King” goa wih George N; Senders Meveriy Tucker, Hh a to them for twenty-four hours? At the time this con- | that right by crime ae it is the right of the individual to | Signe armiee oi the Laited Gales or aay of ther shall.) the Sccusnd), without frst obtaining the verdict of juries | Yom of England aid Ireland called Ireland at. or on. tho the oth in mentioned; thst equaint, | SDiracy Was entored into, and when this court was con- | Hve #0 long as God gives him life, anlems he forfeits that | Thy of » court martial, or euch Uber punishive ‘and the judgment of civil courts, then is this legislation Majesty's royal aseont, oF or any of the others therein mentioned; that my ecquaint- | yened and entered ‘this trial, t contener oF ouch ether pus mae 4 day the act shall receive her Majesty's roy noe with every one of these geutlemen was slight, and in ‘pon this , the country was in @ | right bycrime. T make no argument to sappert thit | @ court martial shall direc ® mockery, and the constitution, which not only autho- | after, by warrant for high treason or treasonable practi s f bi Comprehensive ax wee this legislation, embracing as it | razed but enjoined ite enactment, but a glittering gene- | ces, or suspicion of high treason or trensonable practices, T have no hesitation in stating that the evidence of the | State of civil war. An army of insurrectionists have, | proposition, Who is ( Sendai @id soldiers, citizens and aliens, eubjecting ali alike to | Fality and a splendid bauble. lege | the Supreme | signed by the Lord Lieutenant, or other chief governor or 5 ford Conover, personating me, is faler, antrue und since this trial begun, shed the blood of Union soldiers | reproach upon my eau: is F i ‘afounded in fact, and Is from beginalng to endn ussue of | in battle, Th pirator, by whose band bis co-con- | die? Youngest born of the nations! is rhe not immortal % 1 th stion. i hh ; J. WATSON WALLACE. on lant pri, oul and voluntary secrifice of the present, in whieh ‘was | med be Micient to meet J may :— t bail or main prize, unt! This was sworn to before G. Smith, J. P., at Montreal, = S oe ane hea > = ay ne bhp alge ec i ber sna have laid down , aaa aves of ss aumes coummbted ta the Soe of the enemy by , Aer TY of the United States, as. far as it has pro- the tras eny ‘of Maret Toa0s nnd that no judge or justice \ om June 8. Alfred Porry certitied that Wallace sub- | of ihe government, captured and slain Wal this @ te pee, ny Titulo cee oe Citizens im time of war-—the crime of conspiring to- | vided for an emergency of this kind, and authorized the | ghall bail or try any such raon oF perwons so committed, i m4 ether to aekamibale Or eriee and carry away the soldiers | general ment to interfere in the domestic concerns of | without order from her fod ciusrns whe wer: loyal to the tauae of the country. | Splat fantreatrathe subject na olldeal in its satare, ang | Ri ara tay of og counsel, until the Petr ongress a any Shite eee WWM, thee ly the patil 17% the power of deciding whether the | contrary notwithstand! second section of thie W oF statute to the scribed to the paper of his own free will, &e. &n act of usurpation!—a violation of the right guaran- | time amidst’ the covsuming fires of " By Judge Horr—1 understand this is the paper sworn | teod to that fleeing aseassin by the very constitution | assume, for the purpores of — th s) umatances and subscribed to by you under the « jainst which and for the subversion of which he bad | that self-defence ent ot | Thereture Hibieh you havo detailed, with pistols proneted at your pired and murdered the President? Who in all this | hations'am, It. i the acknowledged” fight of wen, and the following ene, Cae wee Tomo ee | ee aaah arrtet, commited, wae face; the statements in thix paper are false, A. Yer, | land is bold enongh or base enongh to arsert tt T would | that the American people may do Im the detence and | ,,Thet whatever iabshitent of these Sister shail Kill or seine vo we © Pre: | before the pawn oe by warrant or Warrants sighed by sig; never hoard of Alfred erry, who said I ewore tot | be glad to know by what law the President, by military | maintenance of thelr own rightful authority aqninet f- boty ry eee Paste |” the coms ott; {alned for suroresald, oF either of them, tt may be lawf. ton, which is as follows, was aloo induced by the same | purciing, arrests sna hidag cos af thee Gasp | Gyan tree bad Gampedame Gotten ssyenave ry ‘inte | ghallonter inte 0 SasuEice Sibay tbe Frecident hen noted, a called out thesaititin, | for the person or Penna, to Gren te conaia, Sree et Wag tao | Lir% and is condemned for arresting in tke manner, and | globe, in time of war, may of right do. All this is #ub- nur mare se ‘a Weattor, aasnesin or apy, If | whether hie decision was Tight? {f it could then It would be- sare ereent ‘or persons in his or thelr custody in any four hundred dollars reward wit be ven toe the arrest op by his order subjo ting to trial, according to the laws of | stantially denied by the centleman in the remarkable ar- ‘within seventy miles of the tome the duty of the court, provided it came to theconclusion | Such eaterer in treated; and that such person or per Sst Tene ing to punishment in ci * | war, any or all of the other parties to this vame damna- | gument which he has hore made, Nothing is said by the erand or other armies of there siaten where | {hat we President bad derlled {nccrrectiy, to discharge those | plat*.o whom such warrants have been oF shall be di ‘the name of Hendford Conover aud deposed to a tiscve of | Dl€ conspiracy and crime, by a military tribunal of | counsel touching the conduct of the accused, Mary RB who wi detained by the troops in the service sons. ‘shall be deemed and taken, to all intents and pu Defore the Military Comminsion at Washington. | Justice—a tribunal, | may be pardoned for saying, whose | @urratt, as shown by the testimony; he makes confer. | I may be pardoned for eying that it is the hy OS te sostitubon of tte'Uaieg Bones, arfully authorized to take into safe custody and JAMES W. WALLACE. integrity and impartiality are above suspicion, and pass | sion at the end of his arraignment of the goverment w of uations that martial law ip, at ‘ nareh; reopens Persons #0 ar @ You have stated that you were never inthe Con. | Unchallenged even by the accused themselves. ‘The | and country, he has not nade such ah argement, and he | abd everywhere, ewential to the successful a Fae Sg fest tp elgg ag ote army, what did you mean? A. I meant that I | garment against the jurisdiction of this court rests upon | leaves it to be made by herother counsel. He does take | Of war, whether |i be «civil or @ foreign w Bee Be raster as the Jacietel Ja at that time bound’ | rest is given by tho act of Parliament to the Govetn: mover served aa a soldier; after I was conscripted I as | the aseumption that even in time of insurrection and | eare, however, t0 arrayn the country and the Naiy of these ast cf the Continental nh ny ad must decdinrestored, | his secretary; tho process of the élvil courts wn @etailed a8 a clerk in the rebel War Deparment clv'l war, no crimes are cognizable and punishable by | ment for comducting a ‘rial with closed doors and be Congress I know was challenged, only by men Ae ‘and crimes the acts which it recog: | wholly suspended ; van denied and the parties ip @ By the Jvvuk Anvocarr—Was any attempt made | Military commission or court murtial, save crimes com- | a secret tribunal, ad compares the proceedings of this | Charged with the guilt of ther country’s Bived and was hound to recognize as Tnicfut, “chather ve. | Prisotod, nad this'nos by process of the courts, but t By those men to detain you in Canada’ A, I believe »o, | mitted in the military or naval service of tho United | court to the Spapi-h Inquisition, using the strongert TARMINGTON GANCHIOND MNITORY TRIBUNAL. Borden, 7 Howard, 42, 43.) warrant ‘of a chief governor or his secretary, not fi By friends of theirs, and 1 wae relieved through the | States, or in the militia of the several States when called | words at his command to intensify the horror which he | | Washington, the peerless, the staiulew aud the Just, | Trit i asta what becomes of the volunteer advice | Crimes charged to have been committed, but for bein < tnGuence of General’ Dix Into the uectnal servieo of the United States. But that ix | supposes his announcement will excite throughout the | will whut God walked tas night of thet ereas | or the volunteet counsel, by bim without money | guspected of treasonable Magna oharta, ik Testimony of Nathan Auser. not all argurent: tari, at, under thin pie to | etvlzed world. Was the deatg fairy by thle govern: | Coats Ger ine dos ‘ef eapacesner 1768 Sothen 1, | and wiibout prion, to ais coer, of (neu seencasilty = orf reais vraag Nathan Auser, of New York, was called for by the | this court shalldecide that it- lo novk Judicial tribunal | feedings here that justilen any ruck remark? Has thie | Bunith, by the order of General Washington, was put | elt Fesponstbitity. ont vist yeeees rade that made about or giana TS legatize’ exrensd WH6' ald be bad known Sandford Conover | snd haa Bo legal eatetence This lng meee etre tree | Cedinas hero inet Juried any gach vemare! Tepes | wpon his Wiel batere © cuurs convened in the | oe of the United Bian aa eitrate Beau ce before the pase ‘ ht OF ten years; his character for integrity 18 | Droposition—thas the Provident, tinder the uenstituten | dav: inthe prevence ef thesecuset: sod inthe presence | Blate of New York, on the charge ef there siding ana | secased cae Ss the a Salted gg ey 04, recently he aceon nad Coot er to Montreal, and | Kad’ iaws of she United Pradeep int ony pet yeni end Fan gedtuman ie arned te toe, 4 "whe appeared Benedict ‘Arnold, fo ® combination with the tm-chief of the sas Gera q a fe seeiae ) aiberins ike saresta ‘and it ¢ interview with Tucker and 5 ion , eine loyal citizens ‘man: shen iy eat inte Oboes ie a aay ran omnia | frm Sn a cute rear, | ca ut antic wre cht | th ated Pe tact | proce ena selon op Paper, eomiaining an Prenident in" void, aid the. gentemhon who om: | of the rigbt_of hallenrst'" "Was neh. eecvred | Fut” Smith ojested tothe urndiuon, avering that | The Acta of the, Prendens o¢ oneren, tithough he | “z#eUtlve oflcers mie on ; btm, bet denied that'he had s0 tontified tre was told he | PO8e the tribunal without judicial authority or | to them by law, and were they not asked to exercise it? | be fy ge not in the military or ur. eee tm relation to the proclamation But, says the gentleman, footy 8 the prec moust sign 8 writing to that effect, or he should not leat i wer, and are not in fact or in Iaw a court. Has any part of the evidence been ee Have thorky therefore was only amenable to the civil ae ‘was necessary. dent lish or whatever ‘be the abode “ ‘o havo had no common exhibition of law learning fi tall the proceedings been published to the world? of the Btate, whose constitation had guaran of Visckade, thet ag S tis chscied Nm gry mh voted {he room alive--they would shoot him likn «dog; ‘hey | thie defence, prepared Dy a cenator of the United Races; | What, then, was done, o intehded to. be done, by. the | the right of trial by Jury to al permene the act of Aoguat 1861, chap, 69, 400. 8 1 is viens oe tar? witness follow; there were twelve oF ¢ | but with all his experionce he has failed to show bow & wernment which justifies this clamor about @ Spanish | for The of York then Er i f oes got enters ot the Frosigens ot | ‘anicte ea cratenet We. Frestiess se goaumeaterinl | persons in | tribunal constituted and has been, to di this trial ti wed, nor their | had 60 provided; but, not ‘the AL the i" e bind Beary, mete Sane Tonbr, Cesnel Cara | Sy Sat rmine t shareand mesons tes | eater we pcs tas sean cer tty ne | over ie Rabid i's seeded” | wt SSS RES | Sieh rata caren eae weapons on these persona seed je rocuped, and by its commission not authorized to | excluded from ite deliberations when aay testimony was NATURE OF TRE CONEPIRALY. vd Se mititin Sas are Lapaek phe aed dog Aegeed oh A Mag | PI lear or determine any other issues whatever, can right. | being taken; not has there been any testimony taken in| Tere is a eonepiracy, orpenived and prosecuted by and nde, valid to | Tand of naval forces, and against this weurpation, wh Testimony of John Caatley. fully entertain, or can by any posetbility upon, the | the case Closed doors, save that of a few witnonses, | armed traitor: and hired ameaaine tecetving the moral ~ Skate cat be sake this cours 00 aby bol tere Jobn Cautley, called for the government, testified as | proposition presented by this drpament of & entlemen | who testified, not in regard to the accused, of either of | SMpport of thousands in every State ant liptrict, whe eon af =P vid Me eae Lhe: 1 mye ee at Sellows :—I reside at Selma, Ala.; ame printer in the | for ite consideration. © members of this court are | them, but in respect to the traitors and® conspirators not | Promownced the war for the Union @ failure, ud your now enain — 8 Keenon Publie optaton ry ae , - pe om ~~ he feihewing tus cdieore im the army of the United States, and by order | on trial, who wore alleged to have incited this crime. re pd by Vo yee syne a 4 fyk., re, eal had done fromthe day of hie | nize it aa the resorved power of the whiob cresio" poryoris to have boen clipped from that newspaper, | discharge this Wty, are eaesree to | he court will notice that the arrcuvert, from the be. | nr to aid. the totter rebetiion which etrese at tee | fmeugerntion to chat bear, in the prowceutor of the war | and waive arin, wich creates end aissolvee Ie.'>! wre discharge no other judicial | ginning almost to its conclusion, ineivt thot ne pocom | Peton'® fe Tt w in evidence thas ort Teemeees for the Union. I the pelviego of the wre {A million detipen wanted 10 bere pewse by sho Arm of / POWEr Of coume, if Preeent Gabi Wo De falas bir mutary” prasad Jaw before @A Mee Uber, cbieie im Lhle rebplilon, mp ald of the wrt of bebpas corpur, and resisted CONTINUED ON FIRTH PAGE,