The Assassination of President Lincoln And the Trial of the Conspirators David E

Cover The Assassination of President Lincoln And the Trial of the Conspirators David E
The Assassination of President Lincoln And the Trial of the Conspirators David E
David E Herold
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During the pendency of this rebellion (never before), it has been alleged that there exists with us the offense of military treason, punishable by the laws of war. It is so stated in the instructions of Gen eral Halleck to the then commanding officer in Tennessee, of the 5th of March, 1803. Laiv- rence s Wheaton, Suppt. P. 41. But Halleck confines it to acts committed against the army of a belligerent, when occupying the territory of the enemy. And he says what is certainly true, if such an off...ense can be committed, that it "is broadly distinguished from the treason defined in the constitutional and statutory laws, and made punishable by the civil courts. " But the term military treason is not to be found in any English work or military order, or, before this rebellion, in any American authority.
It has evidently been adopted during the rebellion as a doctrine of military law on the authority of continental writers in governments less free than those of England and the United States, and in which, because they are less free, treason is made to consist of certain specific acts, and no others.


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