The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-10-15
The Fate OF Jcfr. Davis.

The Fate OF JeM. Davis.
The President has given distinct reply
to one of the several petitions for the
release of JEFF. Davis. This was the petit
ton sent from the State Convention Of
South Carolina, and presented by Messrs.
Huger Dawkins and Wardlaw, of that State.
The petition emanatcs from convention that
was regarded in South Carolina as the ablest
representative body ever assembled there;
that repealed the ordinance Of secession with
only three dssentient votes; that abolished
slavery; that declared "the Union" to be "the
first and paramount consideration OF the
American people," and declared that "the late
war was not one of an oppressed people against
tyranny" and that finally fully endorsed the
policy of President johnson. The convention
sending this memorial refused to send it as it
was at first asked to. 1t voted down resolu-
ton which spoke Of Jefferson Davis as "our
former noble and beloved Chief Magistrate"
and said that "the fanatics of the North, not
satisfied with the widespread ruin and desola-
ton which they have caused, are shrieking for
his blood" In place of all that the conven-
ton merely resolved to 'request Executive
clemency for Jefferson Davis" and certain
others. The memorial of such body is worthy
of the respect with which the President received
it,
In response the President called the atten-
ton of these gentlemen to the fact that ne had
anticipated their petition in reference to Messrs
Stephens and Trenholm, as well as to the fact
bod nd IN ali vy
that the government was fully disposed to tenn
per duty with mercy, and not disposed to per-
secute Southern men for their errors. He as
sured them, firmly but mildly, that "a discrimi-
nationn in pardons must come somewhere
that to Unfortunately set at large all the
men of the late rebellion would be to fail in
his duty and TO acknowledge that to strike at
the life Of the nation was not crime. He an
nounced that there must be san effort made to
execute the law" that he would, so far as in
clination went, rather pardon twenty than re-
fuse one; that it was not question of more or
less guilt in the case Of this man or
that man, but that "there must be a
test" and that the case Of the most
illustrious rebel was the best one in which to
make il. He closed this part of the subject
with these words:-"If treason was committed
there ought to be some test to determine the
power Of the government to punish the crime.
Looking at the government as we do, the laws
violated and an attempt made at the life of the
nation, there should be vindication of the
government and the constitution, even If the
pardoning power were exercised thereafter.
If treason has been committed it ought to be
determined by the highest tribunal, and the
fact declared. There was no malice or prejudice
in carrying out that duty"
We may understand, then, that JEFF. Davis is
assuredly TO be tried before the Supreme Court,
in order that that tribunal may determine
whether or no he has committed treason
whether carrying on war against the govern
ment Of the United States is a crime that that
government can punish. The safety Of the
country requires that we should settle this
question now, that we may know where we
stand; and that II we cannot punish this crime
as the laws are, we may amend the laws 80 that
we shall be able TO punish 1t In future; for GER
tainly the people have decided by the war that
the many States are one nation. JED. Davis can
be found guilty Of this crime If any man can;
and If he is convicted the question is settled.
His conviction secured, the question settled,
his life Is Of no consequence, and II will not be
necessary to take It. The President may, If he
chooses, pardon him then, though Of course it
does not necessarily follow that he will. The
President has given to the South Carolina petit
ton an answer that the whole country will
heartily approve.