The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-11-23
The Trial of JET. Davis.

We find 4 paragraph In circulation. takeI
/ from a lester in the Macon Telegraph, ane
4 purporting to narrate q conversation be
/ tween Mr. Seward and Mr. Weed IN rela-
/ ton 70 JEFF. Davis, in which Mr.. Seward i
/ reported 10 have ssid ave csnnot hang
/ him without first convicting hun, aud
| think no imPGrfiai lury i00ald DO that.
| We must be permitted 10 doubt whether
| Mr. Seward ever said anything Of the sort.
| We do r0t bsiieve that be OF any loyal
man in the country can doubt that an Ia
/ pgrtiGi jury VOL d c, uviet Mr.. Davis OF
| treason without having their seals. Mr..
Seward may have said that no jury drawn
in the oTdinsry way would convict him,
for there certainly are great practical dit
iculGes surrounding the question Of his
trial.
We have before alluded to some Of these
difficulties. and further consideration has
not lessened their magnitude. The ques-
ton Of the plan Of TRIAL is one Of them. A.
will be secollectsd, an ind ictmint hiss been
found against him in the District Of Column
bia, but upon this the Difficult v presented
Itself that Mr.. Davis bad not 3een person
ally present IN the District, Gnd could noi
therefore BE- tried aud convicted there with
out Overriding very clear and positive de-
cisiors Of Chief Justice MARSHALL, which any
court would be SLOW 20 DO. We presume
these considerations have rot been without
inhuence upon the government, inasmuch
as consultations have been held with Chief
Justice Chase about holding q court in Nir-
GINA for the purpose Of the trial A trial IN
Virginia would doubtless be ires from those
difficulties which in the present state of the
laE, surround the question OF his coustruc-
tive presence in the District Of Columbia,
or in any Of the Northern States.
Il seems, however, if public report Is re-
liable, that Judge Chase did not consider 1t
consonant WITH ths dignity Of a court to s
within a district still held nader martial
law. We cannot but think, moreover, that
10 Davis were 10 be tried in Virginia az pre-
ent, the trial would be a mere farce, which
might as well be saved. We do not believe
that any jury could be procured there in
cauf irmity to the ordinary rules OF practice,
all Of whose members would be willing 70
take the law Of the case "a IL should be laid
down for them by the court, aod applying
thar law to facts Of which there is No doubL,
bring in a verdict accordingly.
The fact il, the main difficulty in the case
arises out Of the present forms Of law. There
is no dispute about the facts sn3 there is
no doubt, on the decisions Of the courts, az
% the law Of the case. That levying var
against the United States is treason, al
agree ard thst Davis has levied war gaiuss
the United States would be no more certain !
after verdict Of jury in his case than It IS |
how. So far as the justice Of the punish
n Mt Is concerned, he might IS well be /
hung without trial rs with. But the FORKS /
Of law are substantial realitie-, serving a |
very high and good purpose, and should be i
scrupulously observed for the protection Of /
innocent men, unjustly charged Suli II /
must be always understood that these forms |
should ros be allowed o ebstruct justice T; |
aud if il clearly appears that under certain
'ircumstan e. sucn is their eject, they /
ihould be changed.
Now the man difficulty in this case arises
,ut of the act Of Congress which provides
hat person accused OF crime should be
ried Oaly in the district within which the
rhine was committed. Wese no harm aud
nuch good IN changing this law, 30 rs 10
)-Ovidr for certain cases for districts, for
Example, under msrtisl law, OF where an
impartial Jury cannot be found such a
.hange IN the existing law would enable the
proper tribunals to lake eognizsnce OF the
.sse Of Davis, aud relieve Us flom the appa-
ent Hecessity of allowing an acknowledged
criminal 10 escape, because AIS crime was
100 great to be met BY the ordinary proyis-
ons Of law.-Nslo York T.mes.