>>18299257
then Attorney General Speed
decision to trial by military commission.
http://law2.umkc.edu/faculty/projects/ftrials/lincolnconspiracy/commissionorder.html
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.