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III. The crimes and offenses triable by Military Commission are murder, manslaughter, assault and battery with intent to kill, robbery, rape, assault and battery with intent to rape, and such other crimes, offenses, or violations of the laws of war as may be referred to it for trial by the Commanding General.
Capital cases not being mentioned here, accessaries to them will of course be triable for misprisions, if the offender flies. If any offender stand mute of obstinacy,* or challenge preremp-torily more of the jurors than by law he may, being first warned of the consequence thereof, the court shall proceed as if he had confessed the charge, * 3E. I.e. 12.
IV. The Provost Court has jurisdiction to try all other crimes and offenses, referred to in Section II of this order; not exclusively triable by Courts Martial or Military Commission, including violations of orders or the laws of war, and such cases as may be referred to it by the Commanding General.
Nothing in this constitution shall deprive a citizen of any state of the benefit of the bill of rights established by the constitution of the state in which he shall reside, and such bill of rights shall be considered as valid in any court of the United States where they shall be pleaded. In all those causes which are triable before the continental courts, the trial by jury shall be held sacred.”
"I asked Judge Holt about it, and he gave this copy of the eighty-second article of war, enacted in 1862, which reads: 'All persons, who in time of war, or of rebellion against the supreme authority of the United States, shall be found lurking or acting as spies in or about any of the fortifications, posts, quarters, or encampments of any of the armies of the United States, or elsewhere, shall be triable by a general court-martial, or by a military commission, and shall, on conviction, suffer death."
Would it not be an extraordinary cast upon the dice, that a man's connexions should degenerate into faction, precisely at the critical moment when they lose their power, or he accepts a place? When people desert their connexions, the desertion is a manifest FACT, upon which a direct simple issue lies, triable by plain men.
Would it not be an extraordinary cast upon the dice that a man's connections should degenerate into faction, precisely at the critical moment when they lose their power or he accepts a place? When people desert their connections, the desertion is a manifest fact, upon which a direct simple issue lies, triable by plain men.
Benjamin F. Butler presented an able and exhaustive minority report which closed with the following declaration: "Therefore, because the fine has been imposed by a court of the United States for an offense triable by jury, without the same being submitted to the jury, and because the court assumed to itself the right to enter a verdict without submitting the case to the jury, and in order that the judgment of the House of Representatives, if it concur with the judgment of the committee, may, in the most signal and impressive form, mark its determination to sustain in its integrity the common law right of trial by jury, your committee recommend that the prayer of the petitioner be granted."
I recommend such legislation as will remedy these defects in the law. In previous messages I have called the attention of Congress to the necessity of so extending the jurisdiction of the United States courts as to make triable therein any felony committed while in the act of violating a law of the United States.
The Government of the Khedive has proposed that the authority of the mixed judicial tribunals in Egypt be extended so as to cover citizens of the United States accused of crime, who are now triable before consular courts. This Government is not indisposed to accept the change, but believes that its terms should be submitted for criticism to the commission appointed to revise the whole subject.
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