The West Virginia journal. [volume] (Charleston, W. Va.) 1864-1877, 1865-11-22
Trial Of jeff, Davis.

! Erom q special 10 the Cineinnati Com.
|nereial, it seems that Chief Justice
| Chase has stated in reply to inquiries
from President John SOP, that 1T Will oo
Impossible $for him to hold . .. s. Cir:
cui, Cour. in bis circuit, this fall, and
further SAYS, that Virginia having Oeen
declared by the President and Congress
to be in Rebellion, and, therefore, sub
icet to martial law, be doubts the pro.
pric,y of holding said court until. Con
grcss shall have had an opportunity to
consider and act upon the whole subject.
As the Supreme Court hos no original
jurisdiction in such cases, the effect OF
this is simply that if Jeff. Davis is tried
at p.escn. at all, no must be tried By
Military Com mission. Otherwise it will
virtually rest with Congress to decide
whether, when or how Davis is 10 be
tried.
+. D. Mansfield, in the Cincinnati
Gazette, says, however =. '....;
"Bu: it is said the President is an1.
ious to have him tried, but doubts tic
! mode. Wby?. lie can be tried in the
District Of Columbia or in Maryland, Of
IN any .Stute rhere the crime Of orer'
treuson ,ens. committed By his orders.
/. "If there are any laws Of Congress
regulating the mode o. trials, which in
eerfere With this view Of tho case, Con-
gress meets 10 few days, and can very
easily pass q special actfor the purpose.
The Jurisdiction Of the Supreme Court is
not limited by the Constitution to any
particular place, or any particular mode.
The oriJiEu! jurisdiction over crimes
belongs to tho Circuit. aud District
Courts, but Congress can arrange cir
cult Of any number of Judges in any
place and, since the questions of law
are the important ones. aud come by ap.
pea! before the whole Court, the trial
will, in substance, be before the Supreme
Court of the United States"
Again, in speaking of the disposition
! to pardon Davis, he says: ....
81" But that traitor is now, criminal in
the hands Of the Government, and the
President has no right to permit his
escape, or withhold him from trial.
Beside which there is an issue made up
similar to that Of the rebellion itself.
Davis is no moro guilty than Stephens,
Lee, and others Of that stamp held up
for our compassion on account Of their
conservatism. Heaven save Us from all
such conservatism But his situation
differs from theirs in ono very importau;
particular. lie is the Representatives heat
of the rebel Confederacy. Justice 70
quires that we should put tho rebellion
90 trial in his persoA-that re should
give it q fair trial-that the trial should
be in the highest judicial court Of the
country. and that II convicted, no should
be subjected to the penalties of the law.
This is both justice and e1Pedicncy. II
public opinion should permit any. depar'
ture from this course, it will be only in
allowing him to 60 into exile, subject to
the execution Of his sentence, if he re
turns. The crime Of Davis is therefore
one Of awful magnitude, Personally, it
may be far less than that Of the villains
who conducted the rebellion. But in its
public character i, is momcntousin mag.
nitude and consequences: :, It is sisnif
can't of the whole character Of the
rebellion. The Souto feels this, and
hence it is thEt the rebel conventions of
the Southern States Eve say .reLet because
they ore made up of the soldiers and
politicians who carried on tho war; all
make formal petitions for bis pardon,
Why? Not because they caro- anything
for Davis; but because they knor his
trial is their triul, and his conrictiop th"~
eoaric.ion. This is the very reason why
iii, Of high Importance that Davis should
be tried. Let US put the rebellion on
trial" . .. .......... $751;, ..-