The Judicial Murder of Mary E. SurrattJ. Murphy & Company, 1894 - 259 страници |
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Abraham Lincoln accomplice accused Advocate alleged Andrew Johnson appeared Army Arnold arrest assassination Atzerodt blood Booth Bureau of Military Cabinet meeting capture charge civil courts clemency Colonel Commander-in-Chief condemnation Confederate confidential interview Congress Conover conspiracy conspirators Constitution conviction counsel crime death death-sentence death-warrant defense dent evidence Ewing execution fact Government guilty hand Herold impeachment innocence Jacob Thompson Jefferson Davis John H John Wilkes Booth Joseph Holt Judge Bingham Judge Holt Judge-Advocate judgment jurisdiction jury kill letter martial law Mary ment mercy Military Commission Military Justice Milligan Mudd murder never O'Laughlin oath officers paper party Payne persons petition Pierrepont plead plot present President Johnson prisoners proceedings prosecution punishment question rebel Rebellion record Reverdy Johnson Samuel Arnold scaffold secret Secretary Secretary of War Senator sentence Seward silence soldiers Spangler Stanton statement suppressed Surratt testimony tion traitorous tribunal truth United verdict vote warrant Washington Weichman witnesses woman
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Страница 132 - The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances.
Страница 20 - Whereas it appears, from evidence in the Bureau of Military Justice, that the atrocious murder of the late President, ABRAHAM LINCOLN, and the attempted assassination of the Honorable WILLIAM H. SEWARD, Secretary of State, were incited, concerted, and procured by and between JEFFERSON DAVIS, late of Richmond, Va., and JACOB THOMPSON, CLEMENT C.
Страница 87 - Thus the rights of property are united with the rights of person, and placed on the same ground by the fifth amendment to the constitution, which provides that no person shall be deprived of life, liberty, and property, without due process of law.
Страница 133 - All other persons, citizens of States where the courts are open, if charged with crime, are guaranteed the inestimable privilege of trial by jury. This privilege is a vital principle, underlying the whole administration of criminal justice; it is not held by sufferance, and cannot be frittered away on any plea of State or political necessity.
Страница 133 - Martial law cannot arise from a threatened invasion. The necessity must be actual and present ; the invasion real, such as effectually closes the courts and deposes the civil administration.
Страница 133 - Congress may from time to time ordain and establish ; " and it is not pretended that the commission was a court ordained and established by Congress. They cannot justify on the mandate of the President ; because he is controlled by law, and has his appropriate sphere of duty, which is to execute, not to make, the laws ; and there is " no unwritten criminal code to which resort can be had as a source of jurisdiction.
Страница 21 - The foregoing sentences in the cases of David E. Herold, George A. Atzerodt, Lewis Payne, Michael O'Laughlin, Edward Spangler, Samuel Arnold, Mary E. Surratt, and Samuel A. Mudd are hereby approved, and it is ordered that the sentences in the cases of David E.
Страница 133 - It can serve no useful purpose to inquire what those laws and usages are, whence they originated, where found, and on whom they operate; they can never be applied to citizens in States which have upheld the authority of the government, and where the courts are open and their process unobstructed.
Страница 133 - This court has judicial knowledge that in Indiana the Federal authority was always unopposed, and its courts always open to hear criminal accusations and redress grievances; and no usage of war could sanction a military trial there for any offense whatever of a citizen in civil life, in nowise connected with the military service. Congress could grant no such power...
Страница 19 - William H. Seward, Secretary of State, and in an alleged conspiracy to assassinate other officers of the Federal Government at Washington city, and their aiders and abettors, are subject to the jurisdiction of, and legally triable before, a military commission...