The Tiffin weekly tribune. (Tiffin, Ohio) 1859-1868, 1865-05-25
How jeff. Davis Should be Tried

N"Nb ~ AVt EANUNtu llNi no CNNft-HhFtlA
will be intrus,Cd with the decision OF thi
great case; 'or Il is manifest that III,
treason OF Davis is an oflcnso OF which
only the highest judicial tribunal in IN,
land should have cognizancc. His trca,
son is moro than miltary--t is political
and moral; II involves not only murder
and conspiracy. but the dismcmbcrmcnt
iof county and the destruction oC a
Government. Tho Constitution has
clearly defined what constitutes treason
aud Congress has prescribed It's penal.
ties. II remains for the Federal Judci.
airy to carry out the clear intention Of
both, with all the solcmnilics known u
law. IL is very essence of our civil in
stitutious, that an attempt to subvcrt
them, when definitely crushed in the field
should be tried and sentenced, in the
person of its chief leaders, in the judicial
tribunals Of the nation. A failure to do
this would be fatal dcrcliction to our
republican principles, confession TO the
world Of the failure Of our constitutional
form of Government, aud an overt pro-
camntion that the military had been sui
tered 10 usurp all the functions Of the
civil power
But in what court can jeff Davis he
tricdl We answer, in the Circuit Court
OF the United States, for the Fourth
Circuit, Chief Justice Chase presiding.
by the act Of Congress of July 10, 1869,
rrorganizing the Supreme Court cC the
United States, the States Of Maryland,
Delaware, Virginia aud North Carolina,
constitute the Fourth Judicial Circuit.
By subsequent legislation, the State of
West Virginil forms part Of the same
circuit. by previous legislation, II was
provided that upon ihe appointment or a
new Chief Justice OF the United States,
the judges should allot among them.
selves the respective circuits, as they
might think iit. Accordingly, tho ullot.
mcnt was made at the late session oftho
Supreme Court, by which the Fourth
CirSu't was assigned to the Chief Justice.
and he was TO hold court In Baltimore
and Alexandria, alternately. Under the
former law, the sittings OF the Circuit
Court of the Fourth Circuit, we're held in
Baltimore, Richmond and Lcwisburg,
alternately. The sitting in Richmond
was held on the first Monday in May, and
the GoIrtL Monday in November, of each
year. As no obstacle now exists to the
full resumption Of Federal authority in
Richmond, and it is understood that the
late visit OF Chief Justice Chase TO the
Southern cities, Is connected with the
resumption OF the functions cr the Fede.
raj Courts in those States, il seems
probable that the approaching trials for
treason, of jeff. Davis and his ralow. con-
spirutors, will bo hold in that very city. 4.
which has boen the centre and scat OIL his
usurped authority.
But why not have the trials proceed at
Washington, and before the full bench
of the Supreme Court itsclf Because
tho Constitution has provided th at .ibc
Supreme Court shall bnvc original iuris-
diction only in ceases affecting embassa-
dors, other public ministers, and consuls
and those in which a State shall be n
party In all other cases, the Supreme
Court has appelltc jurisdiction merely
Swartwoul, charged with treason, ns nc.
ccssories in Burr's conspiracy, in 1907, a
hearing was had before the Supreme
Court; tut that hearing was not upon the
merits Of tho case, but sllcly upon u writ
of haJedS corpus, for the discharge oC the
prisoners from the process of the Circuit
Court of the District Of COlumbia. So,
ifJelf. Davis were tried by the Circuit
Court Of the United States in Virginia,
and convicted, he would have the right
of appeal to the Supreme Court, however
small good ii might do him.
The Constitution having provided that
"ihe District and Circuit Courts of the
United States shall have original cogniz
ance of all suits where the United States
il n party" as well us "exclusive juris.
dictinn of oil crimes and ohenses cogniz.
able under the authority of the United
States, :" the question of jurisdiction is
settled. But, it may be asked, is it not
necessary, to the proper action OF the
United States Circuit Courts, that the
District Judge should sit with the Judge
of the Supreme Court for the Circuit, in
order TO constitute the Circuit Cour
legally! To this there ore two answers
!. The law of Congress expressly per
mits the Circuit Judge TO hold a Cour
alone, in the absence or other disquali6-
cntion of the District Judge; and, 2. The
United States have already a District
Judge in one district Of Virginia. at least
in the person Of Judge John c. Under
wood, OF Alexandria. But what obstacle
exists to the appointment, by the Presi'
dent, of loval District Judge residing IL
the city of Richmond So that, in poin
of fact, the GoverEm5nt has three course
open 10 IL for the trial of these traitors
in the civil tribunals of the nation. First
il may elect 10 try them at Alexandra
where Chief Justice Chase and Judg,
Underwood already constitute the Circui
Court Of the Fourth judicial District; or
secondly, il may try them at Richmond
President Johnson appointing loca
Judge for that Judicial District, who shal
sit with the Chief Justice for the trial o
the cases; or, thirdly, Chief justice
Chase may try them alone, under The oil
law regulating the hearing ofcauses be
fore the Circuit Courts Of the Unite,
| States.
But, says some Shrewd objector, tn
law provides that "no person shall be ar
rested in one district for trial in another,
in any civil action, and JEFF, Davis wa
arrested in Georgia, not in Virginia
where il is proposed to try him. Pre-
cisely-but trial for treason is not
."civil" action, but, "on the contrary
quite the reverse" Aaron Burr, th
great historic exemplar OF treason hitber
to in our happy country (Which "ba
eminence," by the way, he will hereafte
; yield to much worse characters than him
selO, was tried in Virginia, bYt arreste
in Mississippi.
But does not the Constitution say tha
"lhe trial of all crimes, except in tn
case of impeachmcnts, shall be by jur
and such trial shall be held in the Stat
where such crime shall have been CON
r mit.edl' Most assuredly il doesi al
> are not Circuit Court trials carried on b
, iuTies, in the presence Of the court, an
does any one doubt that 10y al jury ca
ha in,Oannolad Ia ~ icbnnond or lava,