Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1865-11-10

Our wRshinstoa dispatches Of yesterday
said that Chief Justice Chase had notified the
President that be could not preside over the
conrt for The trial OF Jef DAVIS ia the city Of
Richmond, Hs there " 20 regularly organ, zed
oonrtin that city, The president being OF the
opinion that he could not be tried elsewhere,
a general impression prevailed that he would
be released, with az understanding that he
shalt leave the country and not return. As
the rumOrs coucerninR the objections of the
chief Justice to trying him have been repeated
iEeveral times and have not been coniradicsed,
il is probable that there ia something OF truth
in them, We need not remind the readers OF
the Times that we have more than once init
maied that The record OF the chief Justice
would furnish abundant material tending TO
jnstiiy the revolt OF the south, not only so far
as the question of moral responsibility was
concerned bat in the enunciaton Of doctrines
virtually asserting the legal right OF secession
John c Calhoun has not more plainly taught
the right Of a state to annul law Of Congress
than has Salmon j. Chase, and ii will require
a very ingenious ossuist to make q distinction
between notification aud secession. The
chief justice is as thoroughly radical as Wen.
dell Phillips, but has neither the courage nor
honesty Of this distinguished brain furnsher
oilhe republican, party.
la on atlicle written by Mr.. Chase for the
Chic State Journal 10 March 1861, he said,
ia speaking OF the then impending civi war;
"Politiciaus ard doiatds may Rabble and
weep Tears Of inibeciiity over the breaking up
OF an unnatural compact but reason, Justice
and humanity will gladly accept il as one of
those cheering evidences that Providence in
working for the creatures OF earth through
the process OF events, The AiricBnized peo-
pie Of the south have precpitated a work
which We belleve advancirg uyillizstion and
the teachings Of Christianity would ere long
have demanded at the hands OF the free peo-
pie OF the north. The completely, with Ihe
barbarsm Of slavery which the latter have had
forced upon them by the union has become
more hurdensome evey year, and must have
been thrown on voluntarily beiore the lapse
OF many years Separate peaceful existence
ot the two sectlopa is preferable 10 a upi0D
which il Unsatisfactory 10 one and retards the
progIes Of the other.
There is much more of the ssme purport 10
The article from which we have quoted aud in
The speeches OF Mr.. Chose before and after il
was written. Ais advocacy Of nulh6cation
when urging the passage OF q personal liberty
bllI' in Ohio is notorious, and should he sus-
tain AS Judge the position taken by him,
certainly Jefferson Davis might very conf
dently rely upon an ncquittal il arraigned be-
tore him The extract fully justiiies the re-
bellion, and asserls that had 1t not been pre-
oipitated by the south, ''lhe Union must have
been voluntarily thrown of by the north be-
fore the lapse of many years" Davis and
his asscciares therefore anticipated but short
time the intentions OF the chief justice and
those acting with him,
With such record, il is not surprising that
he should make "a thorough and careful tx.
animation to discover reasons why he could
not preside at the trial of Davis. 1t is even
less surprising that he should fud them. We
can immagine with what feelings he would
listen to the presentation Of authorities by the
courteous but remorselessly logical O Conner,
assisted by the willy and sagacous Davis, when
among the eminent statesmen OF our country
who have taught the right OF secession and
The advantages TO be derived from "a separate
and peaceful existence of the two sections"
his name and teachings most prominently ap.
peared.
There is no regularly organized court in
Richmond, nvers he "loyal," uuion-lovine,
learned chief justice. Whose business is il 10
organize q court thert7 Is not Richmond, in
his district Is there not a United States
marshal and clerk there2 Is there never to
Le regularly organized court in that district
II there is, what hinders its organization now
We can readily surmse the answer There
is 20 civil government there. The Pierpont
government has no legal authority. Virgi-
MIA ia in the territorial condition, and an act
organizing government within her limits has
not passed congress, The radical back bone"
In that body IS TO be stilIened up by this opin.
ION OF the chie justice on the eve OF it's as
sembiage.s Ibe opinlon is defiance OF the
president aud a declaration Of war agsinst
his policy. IL 10 notice served on him by
the chief jnsiee that, 90 far as he can eontrol
or influence the action of the Supreme Court
hat court shall act against him and declare
his entire proceedings in the work Of recon,
strnctiou void and without warrant in law.
Public opinion, propriety, and, we think,
law, demand that Davis should be tried in
Richmond, and that the chief Justice should
preside at the trial. 1t was there he acted as
president of the contedetacy during its ex-
lstence. He resided there, and il was there
that he made war against the government.
There should attach to his trial all of author
ity and soieunity with which it can be invest.
ed by law, aud for this reason the people have
demanded that the trial should be before ths
chief justice OF the Supreme court. IL il
shall appear that he cannot be held TO answer
elsewhere, and Mr.. Chase persists in his re-
iusal to organize court in hat city, il will
be for the reasons We have here given. Al
heart as disloya to the UNION as Davis, and an
advocate of the same principles upon which
the latter relied for Justification IN his treason,
be shripks from the shame OF repudiatiug ali
the record Of his public lite, and does not
dare TO meet The firm ipdignslion which the
maintenance OF that record on the bench