SOME HISTORY OF MILITARY TRIBUNALS

https://www.famous-trials.com/lincoln

BTW, 'DEEP SIX' HAS BEEN OUT HERE IN OUR REALM SOMEWHERE.  IF WE CAN LOCATE IT...

Order Establishing a Military Commission to Try the Lincoln Assassination Conspirators
& The Opinion of the Attorney General Affirming the Legality
of Using a Military Commission to Try the Conspirators
Order of the President
PROCEEDINGS OF A MILITARY COMMISSION,
Convened at Washington, D.C., by virtue of the following Orders:

{Executive Chamber Washington City, May 1, 1865.}

WHEREAS, the Attorney-General of the United States hath given his opinion:

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;

It is ordered: 1st That the Assistant Adjutant-General detail nine competent military officers to serve as a Commission for the trail of said parties, and that the Judge Advocate General proceed to prefer charges against said parties for their alleged offenses, and bring them to trial before said Military Commission; that said trial or trials be conducted by the said Judge Advocate General, and as recorder thereof, in person, aided by such Assistant and Special Judge Advocates as he may designate; and that said trials be conducted with all diligence consistent with the ends of justice: the said Commission to sit without regard to hours.

2d. That Brevet Major-General Hartranft be assigned to duty as Special Provost Marshal General, for the purpose of said trial, and attendance upon said Commission, and the execution of its mandates.

3d. That the said Commission establish such order or rules of proceedings as may avoid unnecessary delay, and conduce to the ends of public justice.

[Signed]

ANDREW JOHNSON


OPINION ON THE CONSTITUTIONAL POWER OF THE MILITARY
TO TRY AND EXECUTE THE ASSASSINS OF THE PRESIDENT.
BY ATTORNEY GENERAL JAMES SPEED.
ATTORNEY GENERAL'S OFFICE
Washington, July — , 1865.

SIR: You ask me whether the persons charged with the offense of having assassinated the President can be tried before a military tribunal, or must they be tried before a civil court. The President was assassinated at a theater in the city of Washington. At the time of the assassination a civil war as flagrant, the city of Washington was defended by fortifications regularly and constantly manned, the principal police of the city was by Federal soldiers, the public offices and property in the city were all guarded by soldiers, and the President's House and person were, or should have been, under the guard of soldiers. Martial law had been declared in the District of Columbia, but the civil courts were open and held their regular sessions, and transacted business as in times of peace.

Such being the facts, the question is one of great importance— important, because it involves the constitutional guarantees thrown about the rights of the citizen, and because the security of the army and the government in time of war is involved; important, as it involves a seeming conflict between the laws of peace and of war.


CONTD:

My conclusion, therefore, is, that if the persons who are charged with the assassination of the President committed the deed as public enemies, as I believe they did, and whether they did or not is a question to be decided by the tribunal before which they are tried, they not only can, but ought to be tried before a military tribunal. If the persons charged have offended against the laws of war, it would be as palpably wrong of the military to hand them over to the civil courts, as it would be wrong in a civil court to convict a man of murder who had, in time of war, killed another in battle.

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

JAMES SPEED.
Attorney General.
To the President


https://www.tigerdroppings.com/rant/politics/q-p4921-trump-talkin-treason-via-twitter---unraveling-toe-thread/73190719/page-4952/