The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1865-06-08

~ udI lFlDuHul Will tTy EFFERBON
DAVIs2 is question already warm.
" discussed, and in many cases with
zeal not remarkably according to
knowledge. We taNo it for granted
that no court martial will be intrusted
with the decision Of this great case :,
fIr 1t is manifest that tho treason Of
DAVIS IL an oiiense OF which only the
highest Judicial tribunal in tho land
should have cognizlnce. His treason
is more than military--it is political
and moral itlinvoIves not oIly mur-
der and Conspiracy but tho dsmem.
berment Of country and the destruc.
ton Of Government The Constitu.
ton has clearly defined what const.
tutes treason, and Congress has pre-.
scribcd its penalties. 1t remains for
the Federal Judiciary to carry out tho
clear intention of both, with all the
eolcmntes known to law. 1t is the
very essence of our civil institutions:
that an attempt to subvert them, when
definitely crushed in the field, should
bo tried and sentenced, in tho person
# its chief leaders, in the judicial tri.
bunaIs ofthe nation, A failure to do
this would be fatal dorclctiJn to our
republican principles, confession to
the world Of the failure of our consti.
tutional form Of Government, and an
overt proclamation that tho military
had been suffered to usurp all the func.
tions Of the civil power.
But in what court can JEFF. DAVIS
be tried2 We answer, in the Circuit
Court Of tho Unitod States, for the
Fourth Circuit, Chief Justice CHASE
presiding. BY the act of Congress OF
July 10, 1862, ro-organzing tho Su.
promo Court Of the United states the
States Of Maryland, Delaware, Virgin.
in and North Carolina, constitute the
Fourth judicial Circuit. By subse
qncnt legislation, tho State OF West
Virginia forms part of the same cir
cui'. By previous legislation, it was
provided that upon the appointment
Of n new Chief Juslicc Of the United
States, the judges should alIot among
themselves tho respective circuits, as
they might think fit. Accordingly,
tho allotment was made at the late ses.
sion oftbo supreme Court, by which
the Fourth Circuit was assigned to the
Chief Justice, and no was to hold a
court in Baltimore and Alexandria,
alternately, Under the former law,
the sittings Of tho Circuit Court OF the
Fourth Circuit were held in Baltimore,
Richmond and Lowisburg, alternate.
ly. The sitting in Richmond was held
ON the first Monday in May, and the
fourth Monday in November, OF each
year AS no obstacle now oxists to
tho full resumption of Federal Ruthori.
~ in Richmond, and 1t is understood
that tho late visit Of Chief Justice
CHASE TO The Southern cities, is con.
rccled with the resumption of the iunc
tions Of tho Federal Courts in those
States, 1t seems probabl. that the ap.
proaching trials for treason, of JEFF.
DAVIS and his follow. .consprators, will
DO held in that very city, which has
been the center and seat CT his usurp.
ed authority.
But why not have the trials proceed
Mt Washington, and before tho full
bench Of the Supreme CoSrt itsclf2
Because the ConRltution has provided
that the Supreme Court shall have
original jurisdiction only in ceases al.
tecing ambassadors, other public min
listers, aud consus, and those in which
a State shall be u party" In all other
case, the Supreme Court has appellate
Jurisdiction merely 1t is true, that in
case Of BoLLMAN and SwAaTwouT.
charged with treason, as accessories
in Burns conspiracy, in 1907. n hear.
ing wac had before tho Supreme Court
but that hearing was not upon the
merits oi the case, but solely upon
writ Of ha5eds corpus, for the Discharge
OF the prisoners from the process Of the
Circuit Court Of the District of CoIum.
bia, So, It JEFF DAVIS We're tried by
the Circuit Court Of tho United States
in Virginia, and convicted, he would
have tho right Of appOelt to the Su.
Preme Court, However small good i,
might do him.
The Constitution having provided
that tho District and Circuit Courts
Qfihe United States shall have origi
nal coGni2ance Of all suits whore the
United States is a party" as well. ne
"exeIasive jurisdiction of all crimes
aud offences cognizablo under the au.
thority Of the United States" the oucs.
tion OF jurisdiction is settled. But, IL