The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1865-11-21
WHEELING, WV TUESDAY MORNING. NOVEMBER FL

Supreme Court, overlooking the trivial
| fact that that tribunal could no more try
Jctf. Davis for treason than it could try
Jchu Smith for steaIing ten-eent yalen-
| tine ont of the Postoffice. 1t is true that
the case might be carried To the Supreme
Court on an appeal, but npon question
OF law only, aHd not upon question of
fact Tie evidence for and against an
accused party charged with such oifense
as treason. mnst be taken before a United
States Circuit Court, which is presided
over by one Of the Judges of the Supreme
Court and the Judge of the District
Court for the, District in which the
trial takes place. Thus,in Ohio, Judges
i5,yayne and Leavitt preside at the sit
tings of the Circuit Court; In Virginia
! AID Maryland, Chief Justice Chase and
whoever may be the District Judges in
these States.
jeff. Davis could be tried before Mr.
Chase not as Chief Justice, but as one of
tie judges OF the Circuit Court at Rich
mDnd. But ut present there is no such
court in eXi ,teuce there, and there will
not he, until it is organized by Con-
gress.
Without pretending to ne en- rapport
with the White House, | am verv firmly
convinced that the statement recently
tclegraphed to the Commercial, that Da-
Wis would not be tried, but would he set
free, on condition of his leaving the
coumtry. is correct What knOT about
the matter is, that leading radical pol
itcian of Pennsylvania, after long con-
ference with the President in which H.
urred the trial 0f Davis by military
commission, said, in my hearing, that he
was purSnaded. from what Mr. johnson
said to him. that Davis would not be
tried by cithc. civil or military court,
but, as stated in the Commercial, would
be liberated before long, upon condition
of his leaving the country "I,CW not
hare him iried By military commission on
am accorpf.' said Nr johnson, "apd NJ
CHase raises soar 02' Is ot objection to trying
hin, at Richm0Rd' ''Bnt," said Mr.. -,
"sWDpoSe eridtHce were produced Of such
charnccr as 10 rdJTaat his trial By military
court" al think. replied lh'. johnson, II
kR0m pretty reIlwhat Kind ofcrideacc 'oiH be
prodnced, ami can see nothing in il 70 justify
his t,7aI bet0"c military court
A day Or two since, one OF the Wash
ington papers gave what pretended to he
remarks made by the President, to del
egatiou Of Baltimore ladies, who solicit
ed the pardon Of Davis, to the effect that
he (the Prcsident) coulh not comply
with their request, and that arrange
ments were being made lor the trial Of
DAVIS, according to the laws Of the
Iaud fhc President has since denied
having uttered the iHiler sentiment. He
told the ladies that he could not, consist
emily with his sense Of duty, pardon
jeff Davis, and that was about al he
said He never will pardon him, and re
store him to his civil rights in this coun
Try; but between pardoning and trying.
there is another mode of disposing OF
him, and that is to let him go to the cni-
brace of some Of his European admirers,
unpardoned, with the understanding
that il found agaiu in the territory of
the United States, he will be arrested
and tried as traitor in other words
entering u not pros in his case, which is
different matter from ac-
quitting him.