XETV YORK. 



587 







proper to suggest some grounds upon which we 

 think the arrets are without jurisdiction, that you 

 may have them before you when you pass upon our 

 demands. 



1st. We claim that the military authorities of the 

 United States hare no jurisdiction of the persons of 

 the individuals named ; that they are not in the mili- 

 tary service of the United States, or in any way sub- 

 ject to the orders of the military authorities ; that 

 they are the servants of the State of Xew York, sub- 

 ject to its authority and amenable to its laws. 



2d. We claim that the acts charged, if proved to 

 have been committed, are not offences against any 

 law of Congress or any rule or order of the War De- 

 partment made by authority of law. 



3d. We claim that the acts, if offences at all, are 

 only offences against the laws of the State of Xew 

 Tofk, and punishable by those laws only. 



4th. The papers, whether incomplete and irregular 

 and simply giving evidence, as is claimed, of an in- 

 tended violation of the laws of Xew York, or com- 

 plete in form, although forgeries in fact (if it is 

 claimed there are any such, of which we are not 

 informed), are evidence of no crime against the 

 United States, and are of no value anywhere except 

 in Xew York, where alone they can be used in the 

 perpetration of any fraud, and that fraud would be 

 against the sovereigntv, the laws, and the people of 

 toat State. 



5th. It is not to be presumed that the laws of Xew 

 York are insufficient to guard against fraud of the 

 character anticipated, or that they would be so badly 

 administered that the frauds can be successfully ac- 

 complished, or if accomplished that the guilty will 

 go unpunished. 



But if this were not so, and it were morally certain 

 that the frauds could and would be accomplished 

 with impunity, the General Government would have 

 no jurisdiction in the premises. 



6th. The alleged fraudulent act would not be an 

 offence against the soldier in the field. He cannot 

 be deprived of his proper vote by any number of for- 

 geries, and the presentation and reception of ficti- 

 tious votes affect the whole people of the State" and 

 not the soldier alone. 



7th. If the acts alleged could deprive the soldier 

 of any right, it would be a right pertaining to him 

 as a citizen and not as a soldier. He votes, if he 

 votes at all, as a citizen of the State, and not as a 

 soldier of the United States. For protection in his 

 rights as a citizen he looks to the State only. 



"We will add that the laws of the State provide that 

 parties guilty of the acts of which the parties named 

 are suspected, shall upon their return to the State be 

 punished. 



In this connection we would refer to the cases of 

 Ferry and Donahue, who, we learn, have been re- 

 cently tried at Baltimore for acts to some extent of 

 the same character as those charged upon Messrs. 

 Xorth, Cohn, and Jones. 



Ferry and Donahue were, at the time of their 

 arrest, in Baltimore, in the capacity of State agents, 

 under authority from Gov. Seymour, and if ^ve are 

 not entirely mistaken in our views of the case, their 

 trial was a nullity, for want of jurisdiction in the 

 court or commission by which they were tried. 



We therefore ask that these men be surrendered 

 by the United States Government to the State Gov- 

 ernment, that they may be tried, and if guilty of any 

 offence against the laws, be suitably punished. 



Permit us also respectfully to suggest, without de- 

 siring to reflect on any of the agents of the depart- 

 ments, that the haste with which such trials were 

 pressed through, and their ex. parte character, the 

 accused being without counsel, especially in a time 

 of intense partisan feeling like the present, and be- 

 fore a court of supposed party bias, without at all 

 bringing in question the integrity of the court, may 

 well lead the public to distrust the fairness of the 

 '.rial. We submit that if jurisdiction of the alleged 



offences is to be .assumed and exercised by a military 

 tribunal, it should not be the means of depriving the 

 accused of the presumption of innocence, or the 

 aid of counsel, or of ample time to prepare for the 

 defence. 



The undersigned be leave to ask for an early re- 

 ply, and are, respectfully, 



Your obedient servn: 



AMASA J. PARKER, 

 W. F. ALLEX, 

 WILLIAM KELLY. 



This communication was referred to tho 

 Judge Advocate General, Holt. The Commis- 

 sioners then requested that the trial might be 

 postponed until after the election, and that the 

 prisoners might be released, in case their re- 

 quest of Xov. 1st "was refused, on parole, to 

 which the following answer was given : 



WAR DEPARTMENT, ) 

 WASHINGTON CITT, November 1. f 

 . Amasa J. Parker, W. F. Allm, William Ktlly, 

 Commissioners, d'C. 



GENTLEMEN : In reply to the request contained in 

 vour letter of this date, that the trials of Col. Xorth, 

 Mr. Cohn, and Mr. Jones, may be postponed until 

 after the approaching election, I am directed by the 

 Secretary of War to say that the Chief of tho Bureau 

 of Milita'ry Justice, Brig.-Gen. Holt, to whom the 

 letter was" referred, reports as follows : " The within 

 paper is not regarded as presenting any legal 

 grounds for postponing the trials referred to. It is 

 believed that the cases should be allowed to take the 

 ordinary course." 



With regard to your request of this date for the 

 release on their parole of the persons allude_d to, 

 General Holt further reports as follows : " It is ex- 

 pected that the trial of these parties will be proceeded 

 with to-morrow. Xo reason is perceived, therefore, 

 for paroling them." 



Such being the view of the chief of the Bureau of 

 Militarv Justice, the Secretary of War does not feel 

 authorized to pursue a differe'nt ccurse on the appli- 

 cations presented by you. 



The Secretary regrets that it has not been in his 

 power to make an earlier response to your applica- 

 tion. I am, very respectfully, gentlemen, 

 Your obedient servant, 



JAMES A. BARDIE, 

 Col. Inspector-Gen. l~. S A. 



The Commissioners then addressed a letter 

 to the President, enclosing a copy of their 

 communication of Nov. 1st, and stating the 

 other proceedings in the case. They also ad- 

 dressed a final note to the Secretary of "\V ar , 

 saying : 



Although no formal reply has been made to our 

 demand of the 1st inst., for the discharge of the pris- 

 oners, we think we may regard the auswer to the 

 requests referred to as c'learly indicative of the deter- 

 mination of the Government to hold the persons ac- 

 cused, and try them by a military commission. 



In this view, our d'uties as Commissioners have 

 been fullv discharged, and we expect to leave during 

 the day for Xew Y ork. 



The report to the Governor then closed with 

 a summary of the results of their commission : 



Under these circumstances, after having retained 

 counsel for the persons accused, the labors of the 

 undersigned are brought to a close, their power is 

 exhausted, and nothing remains but to report their 

 proceedings. 



The demands made in behalf of the State of Xew 

 York are thus refused. The persons arrested are to 

 be summarily tried before a military commission, 

 clearly, in our opinion, without jurisdiction, 'ji viola 



