Abraham Lincoln - American Memory

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44 proceed no farther in the cause or prosecution. Thus declaring that all orders of the President, made at any time during the existence of the present rebellion, and all acts done in pursuance thereof, shall be held valid in the courts of justice. Without further inquiry, these provisions of this statute embrace Order 141, which is the proclamation of martial law, and necessarily legalize every act done under it, either before the passage of the act of 1863 or since. Inasmuch as that Proclamation ordered that all rebels, insurgents, their aiders and abettors, and persons guilty of any disloyal practice affording aid and comfort to rebels against the authority of the United States, at anv time during the existing insurrection, should be subject to martial law, and liable to trial and punishment by a military commission, the sections of the law just cited declaring lawful all acts done in pursuance of such order, including, of course, the trial and punishment by military commission of all such offenders, as directly legalized this order of the President as it is possible for Congress to legalize or authorize any executive act whatever. (VA Stat. at Large, 755-6.) But after assuming and declaring with great earnestness in his argument that no person could be tried and convicted for such crimes by any military tribunal, whether a court-martial or a military commission, save those in the land or naval servrce in time of war, the gentleman makes the extraordinary statement that the creation of fit military commission must be authorized by the legislative department, and demands, if there be any such legislation, "let the statute be produced." The statute has been produced. The power so to try, says the gentleman, must be authorized by Congress, when the de- mand is made for such authority. Does not the gentleman thereby give up his argument, and admit, that if the Congress has so author-^ ized the trial of all aiders and abettors of rebels or insurgents for whatever they do in aid of such rebels and insurgents during the insurrection, the statute and proceedings under it are lawful and valid? I have already shown that the Congress have so legislated by expressly legalizing Order No. Ill, which directed the trial of all rebels, their aiders and abettors, by military commission. Did not Congress expressly legalize this order by declaring that the* order nhall be a defence in all courts to any action or prosecution, civil or criminal, for acts done in pursuance of it? No amount of argument could make this point clearer than the language of the statute itself. But, Bays the gentleman, if there be a statute authorizing trials by military commission, "Let it be produced." By the act of March 3, 1863, it is provided in section thirty that
45 in time of war, insurrection, or rebellion, murder and assault with intent to kill, &c.,when committed by persons in the military service, shall be punishable by the sentence of a court-martial or military commission, and the punishment of such offences shall never be less than those inflicted by the laws of the State or District in which they may have been committed. By the 38th section of the same act, it is provided that all persons who. in time of war or rebellion against the United States, shall be found lurking or acting as spies in or about the camps, &c, of the United States, or elsewhere, shall be triable by a military commission, and shall, upon conviction, suffer death. Here is a statute which expressly declares that all persons, whether citizens or strangers, who in time of rebellion shall be found acting as spies, shall suffer death upon conviction by a military commission. Why did not the gentleman give us some argument upon this law ? We have seen that it was the existing law of the United States under the Confederation. Then, and since, men not in the land or naval forces of the United States have suffered death for this offence upon conviction by courts-martial. If it was competent for Congress to authorize their trial by courts-martial, it was equally competent for Congress to authorize their trial by military commission, and accordingly they have done so. By the same authority the Congress may extend the jurisdiction of military commissions over all military offences or crimes committed in time of rebellion or war in aid of the public enemy ; and it certainly stands with right reason, that if it were just to subject to death, by the sentence of a military commission, all persons who should be guilty merely of lurking as spies in the interests of the public enemy in time of rebellion, though they obtained no information, though they inflicted no personal injury, but were simply overtaken and detected in the endeavor to obtain intelligence for the enemy, those who enter into conspiracy with the enemy, not only to lurk as spies in your camp, bat to lurk there as murderers and assassins, and who, in pursuance of that conspiracy, commit assassination and murder upon the Commander-in- Chief of your army within your camp and in aid of rebellion, should be subject in like manner to trial by military commission. (Stat. at Large 12, 736-'7, oh, 8.) Accordingly, the President having so declared, the Congress, as we have stated, have affirmed that his order was valid, and that all persons acting by authority, and consequently as a court pronouncing such sentence upon the offender as the usage of war requires, are jus- tified by the law of the land. With all respect, permit me to say
Page 1: TRIAL OF THE CONSPIRATORS FOR THE A
Page 4 and 5: The crime charged and specified upo
Page 6 and 7: .-..,.- 6 the conspirators be numer
Page 8 and 9: 8 President a mere nullity, a usurp
Page 10 and 11: 10 question that it does not exist,
Page 12 and 13: 12 Ml objected to the same stern ju
Page 14 and 15: 14 •heir serene brows to the dust
Page 16 and 17: 16 be tried for any crime whatever,
Page 18 and 19: 18 veteran and hero, General Scott,
Page 20 and 21: 20 lighten us in regard to the ques
Page 22 and 23: 22 but as an institution as permane
Page 24 and 25: 24 subject property on tbe seas to
Page 26 and 27: 2G by indictment, in terms embracin
Page 28 and 29: V wmm 28 by citizens in time of war
Page 30 and 31: 30 authorize it—bis office not be
Page 32 and 33: mm V 32 tution of the United States
Page 34 and 35: • 34 people of the several States
Page 36 and 37: TL. - 36 great extent, inoperative
Page 38 and 39: 38 his great decision in. the case
Page 40 and 41: 40 tion. suspend as far as may be n
Page 42 and 43: V 42 privilege of the writ of habea
Page 46 and 47: "•• V 46 that the learned gentl
Page 48 and 49: V ———— 48 ria, cli. 35, ent
Page 50 and 51: V 50 MAT IT PLEASE THE COURT: I hav
Page 52 and 53: 52 actually assembled, for the purp
Page 54 and 55: N 54 in the service of the rebellio
Page 56 and 57: 56 as devastate the country of the
Page 58 and 59: 58 Jefferson Davis was as strongly
Page 60 and 61: 60 rebellion. You hear it in the re
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Page 64 and 65: 64 that Booth was one of the party
Page 66 and 67: 66 also George Harper, one of the c
Page 68 and 69: 68 the meeting of Thompson and Surr
Page 70 and 71: V 70 Jefferson Davis's purpose to m
Page 72 and 73: . _.dMi •9M 72 Mr. Kerr, who woul
Page 74 and 75: ^«^M 74 The learned gentleman, (Mr
Page 76 and 77: V 76 he lived, and all that was ask
Page 78 and 79: 78 Richmond, which the gentleman (M
Page 80 and 81: 80 that the proprietor admits that
Page 82 and 83: N 82 says he went to Gardner's part
Page 84 and 85: 84 Mr. Norton identifies the prison
Page 86 and 87: ^ 86 him in this conspiracy to murd
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Page 92 and 93: 92 and unimpeachable witnesses who
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~"3i 94 was arrested, in which he d
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9 96 previous to the assassination,
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98 John had gone away not to return
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4 W 100 except that he was bound to
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102 the two about which Weichmann t
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V 104 of which could be readily ins
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V 106 save by some evidence which t
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108 House, and left his card, now i
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110 eight revolvers, the Derringer,
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112 Atzerodt, near midnight, return
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114 there last fall, he knew that o
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116 merely a suspicious person, but
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118 '18th of April, when he said th
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V 120 from the negotiation of bills
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N 122 selves ; his act, done in the
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Abraham Lincoln - American Memory

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