The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-12-23

The Case OF Je6. Davis.
The radicals in Congress are not satisfied to
let the person whom they call the Representa-
tive man of the rebellion" pass out of sight.
They protest against that oblivion to which the
good sense of the country is willing to consign
him; they insist upon keeping him before the
people is culprit And though they do not
clearly clamor for his blood, they perhaps 60
as near to il as would be consistent with Con-
gressional propriety. In this they follow
closely those fierce bigots Of the great rebellion
in England who could be satisfied with nothing
less than the death Of Charles the First; and
they put themselves historically In the same
class with the violent elements Of the French
Revolution that coolly took the life of Louis the
Sixteenth. Was 1t wise to take the life Of either
Charles or Louis? We can see the passions
that urged to those acts-the party hates and
violence that were to be satisfied We can
lance, and, so judged, the universal decision OF
modern times has been that those executions
were not only unwise, but cruelty foolish.
They were blunders Of the worst character, for
they belittled great national causes into vulgar
struggles that had reyenges and thirsts for blood
to crafty. The consent Of wiser men to those
acts gave the supremacy to the worst elements
of the Parliament and the Assembly, and so
paved the way for the ruin Of tho popular
cause. Those executions are the blots and
stains in the history of the two great events.
It is useless to say that the cases are diff
ferent, They arc identical in all essential
respects, and where they differ the difference
Is not in favor Of those who urge the execution
of Davis. Charles and Louis were men revered
by large classes Of the population as legitimate
sovereigns; and Davis was respected MS the
representative Of the sovereign majesty Of a
people--the chosen Executive who could do
only their will, and whose personality was
sunken in his Office.
Jefferson Davis is not criminal in the ordi-
nary sense. -His.scts are lifted out Of the cate
CORY Of crimes by their national character.
They are to be judged in different light from
that IN which we examine those common
offences against society for which we prepare
Tho prison and the halter. In the celebrated
debate in Parliament on the American colonies
Edmund Burke recognized the difficulty Of
framing bill of indictment against whole
people. This same difficulty embarrasses the
case of Davis. Where can we allegc any act
against the United States that was his person
ally, and that was not done by him as the
representative of a people, who, according TO
the dogmas on which our government is
founded, had a full right to the exercise Of
sovereign powerss Did Jefferson Davis wage
war against ms at Gettysburg, on July 9, 1868?
Then who was it wsged war at Vicksburg,
on the same dayf If we set about accus-
ing Of treason the whole people, whose
wall this man carried out, from what stand
point shall we frame our accusation! Shall
it be from the standpoint of those in
the government who maintain that the
Southern States now are and always have
been sovereign, or from the standpoint OF
those who maintain that The Southern States are
conquered territory, and, therefore, that the
confcderacy was foreign nationf Doubtless
we should frame il from this latter, as this is
the view Of those who clamor for the trial OF
Davis. But IL he was the ruler of foreign ma
ton, how shall we punish him for treason
against our government?
We must take in this case higher ground
than any people or government has hitherto
had the moral courage to take. We must throw
aside The ancient 6ctions, and deal with facts
as facts. We mnst recognize that men like
Davis have had their grand uses in the life of
nation; that they make those stands and
cause those wars that purify government and
render 1! impossible for IL to become partial
and tyrsnnical. Davis represented some mil
lions Of men who believed that they were op-
pressed, and who rose with the spirit of freemen.
Shall we stultify our history--our immortal
declaration-by saying that the representative
Of all those men deserves death for having
been their representative Where does gov
eminent originated With the people--we de-
clare by every fact Of our history. And with
how many people II not with eight mil
lionss We agree with the radical members
that Congress should take up the case Of
Davis, but we believe II should take II up only
to set him ct large on these high grounds
openly and bravely as the sense Of
the American people that acts such as his do
MOI deserve death. We shudder as we read Of the
terrible acts Of British ofncials In Jamsica, who
outbarbarize barbarism I; we shudder to con-
template British judges sending men to twenty
years. penal servitude for the crime Of desiring
. better government for their country. Let US
be consistent with these feelings, and set an
example ofnational magnanimity that may put
that Power to the blush. Our oause does not
call for any mans blood, and we must not let
partisan hatred put Its bloody stains on our
national history.
A STEP IN THE WAY or REFoRM.--The secre-
tary Of the Navy has just issued an order that
"oficers Of the navy not residing within the