Secrets of the Late Rebellion, Now Revealed for the First TimeFreese, Jacob R.
History
Secrets of the Late Rebellion, Now Revealed for the First Time
Freese, Jacob R.
United States -- Politics and government -- 1861-1865
"But, again, it may be said by some--and is probably thought, if not
said, by this defendant and his secession friends--that, as this is
a military court, it has not, and should not presume to have, any
jurisdiction in civil matters, or matters touching the transfer of
property, real or personal. As heretofore stated, this court surely
would not have assumed any such jurisdiction, had there been a circuit,
district, common pleas, or chancery court in this city, to which cases
of this kind could have been referred; but, as all present well know,
there has been no such court here since the Confederate troops left, and
with them all the officers of State and county courts. Hence, as before
stated, it was this court or nothing. But there is a view, and a very
strong view, of the case, in which it would become not only the right,
but the duty, of this court, or of any military court, to interfere in
cases of this kind, namely, where it became known that property, or the
proceeds from sales of property, was being surreptitiously transferred
from the hands of friends to the hands of enemies. The third section
of the third article of the Constitution of the United States defines
treason to be the 'levying of war against the United States, or in
adhering to their enemies, _giving them aid and comfort_.' Now, if the
transfer of goods, or the transfer of money from the sale of goods,
gives to an enemy 'aid and comfort,' then, surely, it is the business
of a military court to stop it, and the evidence in this case shows this
to have been done. The agent admits that he has sold the goods for
cash in hand whenever he had opportunity, and that, as he has had
opportunity, he has transmitted the money to Mr. S.; nor does he, or any
other of his friends, pretend to deny that Mr. S. is an avowed enemy to
the government which this court, in part, represents.
"So suddenly and so unexpectedly has this new class of cases come
upon the court, that no time has been had to consult with the
Attorney-General or other legal gentlemen, or even to consult legal
authorities with regard to the matter; but the court has no doubt that
the principles laid down in every law text-book, including Blackstone,
Kent, Parsons, Greenleaf, Chitty, Cockburn, Stephen, and others, will
fully justify every position thus far taken by this court, even though
there be not a single precedent to cite. While this court would much
prefer to follow than to make precedents, yet it has no hesitancy in
making them when the circumstances of a case call for, or justify,
such action. At the earliest possible moment the court will draw up and
promulgate a course of proceedings in cases of this character. Until
then the form of proceedings and the manner of adjudication will have to
depend altogether upon the facts in each particular case.
Public-domain text, read in full here on John Shaqi.
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