NEW YORK. 



585 



posed almost two weeks ago. I do not know how 

 many forged papers were sent off, but I heard them 

 say they were sent from Washington by the dry-goods 

 bo'x full. I sent a package of forged papers to Gen. 

 Farrell, with the following letter : 



BAI/TTMOBE, 22d. 



If you are energetic yon will be able to get the within 

 rotes all arranged for the 8th of November, "t should have 

 done more to them, but I have not time. They are all on 

 the square, the same 4s the blacks got theirs ; neither would 

 bear close scrutiny. Ed. Donahue said send this to von, and 

 I have done it Yours truly, DEMOCRAT. 



P. S. They are all soldiers company and regiment all 

 O. K. The rest I have nothing to say. If you have no use 

 for them sead them back. M. J. FEilUY. 



Mr. Ferry then entered a plea of guilty, which 

 was accepted, and the Judge Advocate recom- 

 mended him to the clemency of the Court. 



On the 28th the trial of Donahue came up. 

 The military commission consisted of the fol- 

 lowing members : Maj.-Gen. Doubleday, Brig.- 

 Gen. Fessenden, Col. R. Butler Price, Lieut.- 

 Col. T. A. Barker, Capt, J. H. Platt, and Capt. 

 M. H. Ellis, with Judge- Advocate John A. Fos- 

 ter. The prisoner objected to the jurisdiction 

 of the Court, on the ground that the offence 

 charged was one which should be tried not by 

 a military but a civil court, and pleaded guilty 

 to having signed certain blanks with the name 

 of C. G. Arthur, A. A'. G., and that there was 

 no such person in existence, therefore it did not 

 constitute a crime. The Judge Advocate replied : 



The offence is not one against the State of New 

 York. To constitute a crime against the State of 

 Xew York, the offence must be committed within the 

 State. This crime was committed within the State of 

 Maryland. If the State of New York were to attempt 

 to punish it, it would not be known in what court to 

 try the prisoner. The crime was not committed in 

 that State, consequently the State of New York would 

 have no jurisdiction. "On the other hand, it is not a 

 crime against the State of Maryland. It is neither a 

 common law crime of forgery, which requires that it 

 should be for the sake of gain money ; nor is it a 

 statutory crime in Maryland. It is not a crime against 

 the civil laws of the Ignited States; it is not a com- 

 mon law forgery in the United States. Hence, if a 

 military court have no power to try the case, it can- 

 not be tried at all. The act of the S"tate of New York, 

 entitled "An Act to enable the qualified electors of 

 this State, absent therefrom in the military service of 

 the United States, in the army or navy, to vote," is 

 only intended to be a law in time of actual war, when 

 quasi military law is the law of the land. 



This crime goes directly to the efficacy of the ser- 

 vice. The deprivation of a soldier of "his right to 

 vote, the knowledge that he was defrauded of it, 

 would have a demoralizing effect. If his false vote 

 be received at the polls, his true vote, when pre- 

 sented afterward, will be rejected. The very founda- 

 tion of the Government, which guards the "rights of 

 citizens as electors, is by that act attacked. And the 

 only mode in which the offence can be punished is 

 by the military authorities. The offence is to a 

 great extent a violation of General Order No. 265, 

 which commands officers to take measures to secure 

 the freedom and fairness of the election, and to see 

 that it shall be conducted with due regard to good 

 order and military discipline. What greater attack 

 on good order and military discipline than this ? 



The Court decided that" it had jurisdiction in the 

 case. 



"Witnesses swore that Donahue signed the 

 names of soldiers, and he was found guilty 

 and sentenced to the penitentiary for five 

 years. Ferry was also sentenced for a term 



of years. The Court then adjourned to meet 

 at Washington on Nov. 3d for the trial of Col, 

 Samuel North, Levi Cohen, and M. M. Jones. 

 These persons, together with others by the 

 names of Eeeves and Schofield, were charged 

 with conduct prejudicial to good order and 

 military discipline, and with fraud toward the 

 New York State electors, in that they forged 

 the names of officers and soldiers to what pur- 

 ported to be ballots of said soldiers to be used 

 at the election. They were also charged with 

 falsely and fraudulently issuing divers and sun- 

 dry blanks, which purported to be signed by 

 officers and soldiers in the military service of 

 the United States, authorizing certain parties 

 to cast their votes at the ensuing State and 

 national election with intent to defraud the true 

 elector of his rights. 



Meantime, on Oct. 30th, Gov. Seymour is- 

 sued the following order : 



ALBANY, October 80. 



To Amasa J. Parker, William F. Allen, and William 

 Kelly, greeting : 



It being 'reported that Col. Samuel North, agent 

 of the State of New York at Washington, together 

 with certain other citizens of this State, not in the 

 military or naval service of the United States, have 

 been placed in arrest by the military authorities of 

 the United States, and no reason for such arrest hav- 

 ing been given to me, and being anxious to learn the 

 fact of such arrest and the grounds therefor, to the 

 end that no innocent persons may be imprisoned 

 without a fair and speedy trial, and that no obstacle 

 may be put in the way of soldiers of this State having 

 a fair ballot, according to its laws ; 



Know you, that I, Horatio Seymour, Governor of 

 the State of New York, do hereby appoint you, 

 Amasa J. Parker, William F. Allen, and William 

 Kelly, Commissioners for and in behalf of the State 

 of New York, and do authorize and direct you and 

 each of you forthwith to proceed to the city of Wash- 

 ington as such Commissioners, there to inquire 

 into the facts and circumstances relating to such ar- 

 rests and alleged causes thereof, and to take such 

 action in the premises as will vindicate the laws 

 of the State and the rights and liberties of its citi- 

 zens, to the end that justice may be done, and that 

 all attempts to prevent soldiers "from this State, in 

 the service of the United States, from voting, or to 

 defraud them to coerce their action in voting, or to 

 detain or alter the votes already cast by them in 

 pursuance of the laws of this State, may be exposed 

 and punished, and that you report your proceedings 

 to me with all convenient speed. 



(Signed) HORATIO SEYMOUR. 



D. WILLIAMS, Jr., Private Secretary. 



This Commission reported to the Governor 

 on Nov. 3d. They arrived in Washington and 

 entered upon the business committed to them 

 on Monday, Oct. 31st. After a preliminary 

 interview with the Secretary of War, the fol- 

 lowing written request was submitted to him : 



WAR DEPARTMENT, ) 

 WASHINGTON CITY, October 81, ISM. f 



The undersigned request the Secretary of War 

 that he will give them an order to receive the sol- 

 diers' votes which have been taken and are now in 

 the custody of the provost marshal at the New York 

 agency in this city, as further delay to forward the 

 votes may make it too late to use them at the ap- 

 proaching election. 



They also request that the blanks in the office of 

 the New York agency in this city may be handed 

 over to an agent of the State of'Nev York, to be 



