Washington [D.C.]: Government Printing Office, 1865. 122 pp. 8vo. Removed from a larger volume. First edition. Lacking the wrappers but otherwise a very good clean copy. Sabin 5461. Monaghan 403. McDade 625. Item #36389
John Armor Bingham (1815-1900) was one of three judges in charge of the trial of the conspirators for the assassination of Abraham Lincoln. Here he answers the objections raised by the lawyers for the accused that the military tribunal set up to try the conspirators had no jurisdiction, that it was illegal, and unconstitutional. Bingham argues that Lincoln, as commander-in-chief has been murdered within military lines, that in certain circumstances the president may not be able to carry out his oath to protect the constitution without a declaration of martial law, and martial law allows for the use of military commissions. For a detailed analysis see Thomas Reed Turner, 'The Military Trial,' in "The Trial: The Assassination of President Lincoln and the Trial of the Conspirators" (2003), pp. xxi-xxviii.