Porter & Comstock

[John Fazio]

(01-09-2016 05:03 PM)loetar44 Wrote:  Thanks Eva and John. But what about the assertion that the military tribunal acted (in the eyes of Comstock and Porter) illegally in trying civilians. Comstock had written that civilians ought to be tried by civil courts. He also wanted no secret sessions of the tribunal as Holt wished. And yes, he despised the cruel treatment of the prisoners. Comstock ventilated his critics loud and clear at the secret session of May 8. Porter had the same objections as Comstock. This all was against the will of Holt and Stanton, and when Comstock and Porter went to the court on May 10, they were removed from the commission. It was not their own (free) choice, but due to their protests.

Kees:

A lot of people thought a military trial was unlawful, including former Attorney General Bates. But, ultimately, we have to accept what was decided by those whose responsibility it was to decide it. In this connection, President Johnson asked Attorney General Speed to give his opinion as to the legality of a military trial. Speed famously ruled that the alleged conspirators "...not only can but ought to be tried before a military tribunal." In this, Speed was strongly supported by Bingham and, in our own time, has been supported by Steers and other assassination historians, including me. Further, in 1868, a Federal Court for the District of Southern Florida upheld the jurisdiction of the military commission to try the conspirators and clearly distinguished the case from the case of Ex Parte Milligan, which the Supreme court had decided in the interim period and which appeared to cast doubt on the legality of the
proceedings against the conspirators. Most likely, it was Comstock's and Porter's opinion re the jurisdiction of the commission, together with their objections to the treatment of the prisoners and the fact that they were both senior aides of Grant, that resulted in their dismissal. Interestingly though, they probably both stayed on until replacements were found for them, because Comstock went to the President with his complaints about the closed proceedings two days after testimony was first taken (i.e. the 14th). The following day, the proceedings were open to the public. Recall that Comstock originally registered his objections on the 8th.

John