Abraham Lincoln - American Memory

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.-..,.- 6 the conspirators be numerous and at large, able and eager to com- plete the horrid work of assassination already begun within your military encampment, yet the successor of your murdered President 18 a usurper if he attempts by military force and martial law, as corn- man, lei-in-chief, to prevent the consummation of this traitorous con- spiraey in aid of this treasonable rebellion. The civil courts, say the counsel, are open in the District. I answer, they are closed throughout half the republic, and were only open in this District on the day of this confederation and conspiracy, on the day of the traitorous assassination of your President, and are only open at this hour, by force of the bayonet. Does any man suppose that if tin; military forces which garrison the intrenchments of your cap- ital, fifty thousand strong, were all withdrawn, the rebel bands who this day infest the mountain passes in your vicinity w T ould allow this court, or any court, to remain open in this District for the trial of these their confederates, or would permit your executive officers to discharge the trust committed to them, for twenty-four hours? At the time this conspiracy was entered into, and when this court was convened and entered upon this trial, the country was in a state of civil war. An army of insurrectionists have, since this trial begun, shed the blood of Union soldiers in battle. The conspirator, by whose hand his co-conspirators, whether present or absent, jointly murdered the President on the 14th of last April, could not be and was not arrested upon civil process, but was pursued by the military power of the government, captured, and slain. Was this an a«-t ol' usurpation?—a violation of the right guaranteed to that fleeing assassin by the very Constitution against which and for the subversion of which he had conspired and murdered the President ? Who in all this land is bold enough or base enough to assert it? I would bo glad to know by what law the President, by a military force, acting only upon his military orders, is justified in pursuing, arresting, ami killing one of these conspirators, and is condemned for arresting in like manner, and by his order subjecting to trial, accord- ing to the laws of war, any or all of the other parties to this same damnable conspiracy and crime, by a military tribunal of justice—a tribunal, 1 may be pardoned for saying, whose integrity and impar- tiality are above suspicion, and pass unchallenged even by the • led themseh i The argument Against the jurisdiction of this court rests upon the mption that even in time of insurrection and civil war, no crimes
are cognizable and punishable by military commission or court-martial, save crimes committed in the military or naval service of the United States, or in the militia of the several States when called into the actual service of the United States. But that is not all the argument: it affirms that under this plea to the jurisdiction, the accused have the right to demand that this court shall decide that it is not a judicial tribunal and has no legal existence. This is~a most extraordinary proposition—that the President, under the Constitution and laws of the United States, was not only not authorized but absolutely forbidden to constitute this court for the trial of the accused, and, therefore, the act of the President is void, and the gentlemen who compose the tribunal without judicial authority or power, and are not in fact or in law a court. That I do not misstate what is claimed and attempted to be estab- lished on behalf of the accused, I ask the attention of the court to the following as the gentleman's (Mr. Johnson's) propositions : That Congress has not authorized, and, under the Constitution, cannot authorize the appointment of this commission. That this commission has, "as a court, no legal existence or authority," because the President, who alone appointed the commission, has no such power. That his act "is a mere nullity—the usurpation of a power not vested in the Executive, and conferring no authority upon you." We have had no common exhibition of law learning in this De- fence, prepared by a Senator of the United States; but with all his experience, and all his learning, and acknowledged ability, he has failed, utterly failed, to show how a tribunal constituted and sworn, as this has been, to duly try and determine the charge and specifica- tion against the accused, and by its commission not authorized to hear or determine any other issues whatever, can rightfully en- tertain, or can by any possibility pass upon, the proposition pre- sented by this argument of the gentleman for its consideration. The members of this court are officers in the army of the United States, and by order of the President, as Commander-in- Chief, are required to discharge this duty, and are authorized in this capacity to discharge no other duty, to exercise no other judicial power. Of course, if the commission of the President constitutes this a court for the trial of this case only, as such court it is compe- tent to decide all questions of law and fact arising in the trial of the case. But this court has no power, as a court, to declare the authority by which it was constituted null and void, and the act of the
Page 1: TRIAL OF THE CONSPIRATORS FOR THE A
Page 4 and 5: The crime charged and specified upo
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 44 and 45: 44 proceed no farther in the cause
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
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56 as devastate the country of the
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58 Jefferson Davis was as strongly
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60 rebellion. You hear it in the re
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62 suggested in the letter of Oldha
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64 that Booth was one of the party
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66 also George Harper, one of the c
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68 the meeting of Thompson and Surr
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V 70 Jefferson Davis's purpose to m
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. _.dMi •9M 72 Mr. Kerr, who woul
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^«^M 74 The learned gentleman, (Mr
Page 76 and 77:
V 76 he lived, and all that was ask
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78 Richmond, which the gentleman (M
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80 that the proprietor admits that
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N 82 says he went to Gardner's part
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84 Mr. Norton identifies the prison
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^ 86 him in this conspiracy to murd
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«i V 88 and Arnold, was the declar
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90 I shall be better prepared to ag
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92 and unimpeachable witnesses who
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~"3i 94 was arrested, in which he d
Page 96 and 97:
9 96 previous to the assassination,
Page 98 and 99:
98 John had gone away not to return
Page 100 and 101:
4 W 100 except that he was bound to
Page 102 and 103:
102 the two about which Weichmann t
Page 104 and 105:
V 104 of which could be readily ins
Page 106 and 107:
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,
Page 112 and 113:
112 Atzerodt, near midnight, return
Page 114 and 115:
114 there last fall, he knew that o
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116 merely a suspicious person, but
Page 118 and 119:
118 '18th of April, when he said th
Page 120 and 121:
V 120 from the negotiation of bills
Page 122:
N 122 selves ; his act, done in the
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Abraham Lincoln - American Memory

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