Saturday, December 12, 2009


This is coolbert:

Read here the entire legal opinion as offered by the then sitting Attorney General of the United States - - James Speed - - in response to the assassination of President Lincoln [1865]. The decision having been made to try the conspirators to the murder of Lincoln, those also aiding and abetting - - BY MILITARY TRIBUNAL RATHER THAN A CIVILIAN COURT.

"That the persons implicated in the murder of the late President, Abraham Lincoln, and the attempted assassination of the Honorable William H. Seward, Secretary of State, and in an alleged conspiracy to assassinate other officers of the Federal Government at Washington City, and their aiders and abettors, are subject to the jurisdiction of, and lawfully triable before, a Military Commission; - - Order of the President, Executive Chamber Washington City, May 1, 1865."

The decision to use military tribunal NOT being a spur of the moment decision - - NOT a mere emotional response to the assassination but rather a well-though-out, reasoned and REASONABLE judgment, mustering an impressive array of legal concepts, precedents, and placing the whole within a historical context.

In particular, it was felt that military tribunals in this instance were well warranted, as President Lincoln, at that exact moment of his assassination, was fulfilling his constitutionally mandated role as Commander-in-Chief of the armed forces, military units of which were actually in the field engaged in combat action against a hostile foe.

Booth and his cohorts too were part of a conspiracy!! Two or more persons, acting in concert, plotting to commit crimes and violate the law. Trial of the accused in front of a military tribunal rather than in a civilian court was in the case of the Lincoln assassination?

"I am, sir, most respectfully, your obedient servant,

Attorney General."


No comments: