New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-05-26
STATE TRIALS.

STATE TEsAIs.
T. :, now generally proclaimed that jefferson
Davis il to be arraigled aud tricd for IT, a>on
rather than for assassination. and that to this
end a true bill has been found against him by
the Grand Jury of Washington City on inioina-
liou lodged by the Government. We re;teiatc,
therefore. our suggestion tha, the Chsi-.justIce
should preside at this irial. and that all ,he
questions properly involved i'll tie issue oha. be
raised and formally adjudicated.
Many suppose the whole matter concluded by
simply proving that the person TO I've anaigned
has wagcd war against The Quilted States, ava
then quoting TIN. pa age Of the Federal Con-
siituiiou which reads
Tre 49,, against tie United State slr consist only
IN lovyiLC var a.,iat III "a. OF IA adi'lnc 10 ticT
cne'rics giving them All anc coms,is'-ArLl!!. Sc "
But this, though IN point and Ia our yicw
conclusive. does not meet tAe cayi % he over
come. Gems. Gage AM Howe, Sir ilcnry Gin
Wal, Sr George Prev It, Gen. rockcnhani,
&C., in ihe War OF i-i', as well ~ Ad-t,
Ampudia and Santa Anna IL our War with
Mckee, both wagtd Wa against The United
States and adhered to tht r ei.omes-there is'nt
q doubt Of the lact--yci hey were not therein
guilty 81 ttason. he only is guilty # treason
who. by birth AID citizenship, or by placing
himscl, under the jurisdiction oi the gcyorHmcn-
he wars upou thereby mcurs special or
liga,iou4. which lc violates By acts %. hostility.
Jefferson Davis ia oar view, and III That oi
tie Government AID loyu. people %. thi' coun-
t.y, wa. ,1cn.0f toe United States allie
we'll as before tho alleged secc sion a Alisst-
.ipri--did NOT a. 80 him srlt of Tie obligation
ol such ciiiz.a,l and coald NOT, unlcrs by be
coming q citizen Of .omo foreign country re-
cocrzcd by our Government az such. The a.
sumed Socc SION Of Ms.i, ipp., hrs coniedelf-
tiou with CERTAIN o,lef States claimed 10 las
, in ike manner seeded. aud their COM
biuci recognition 81 q siale -! war a. existing
between their Coriodcrtey crd the Un.m,
We're ia OR view legal auil.t,s. Ike Jrhn
Brown Constitution ado,ted by bis followers
in ucg-' church ia Canada. uutr. vh.eh 'l'f
inGuguatc1 their han-t auoJ disastrous ia.-
poss Ferry oIiorpuso.
The sapent suggestion that neither our side
nor tie Sege's.onio,s are likely TO be elhgA =
cpcd or convinced by any adjudication Of tie
Supreme Count on this grgre issue, IS en'ircl.
Irrelevant. What /, required i, u solemn, con
elusive adjudication oi the meaning, purpOri
obligations and limitations Of The oath of hdr'i-
8 10 the Federal Con ..tuiion Which j. -
quirtd Of all civil iuncioier.1,. military aud
naval officer, cadets, 81. &c. lhe words OF
the oath are familiar, whr, Unlonists under iand
by them is also wen known; 80 is Gee con.trar-
ton put upon them ~ Secession g.. Now lc.
The S1prcmc Count solcmniy cojlaca,o them,
deciding vha, il their legal puport and effect
and thereafter whoever t.lc, the oath IN que'-
ton is legally end justly presumed 30 mean ard
to swear what the oath Is 20 aijllgct 10 mean.
Tie aranldcal doctrine Of Gen. Jackson that
be who takes the oath swears 70 obey It's
rcnuiicmnt ~ ne understands II, not a. !, ~
uu,r.r,tood BY others, will 10 longer be toie!a-
be. NJ future Jeh. Dgyi. can plausibly say:
- meant only that | would iiithul 70 the
United States until ny state should withdraw
her agency and fall Back on Leg Inherent aud
iualenablc soycgcign,y.' To seq up & ~ pre-
text after SUCH adjudication would be to 'nyal-
idate all oalhs whatsoever.
We trust, therefore, tho the trial OF Davis
will be unsurpassed in deibcraiion and in care
full regard for every formolity calculated to en-
nance is claims to the Difference Of our country
mcn and Of the civilized world, and that tho
Chicf-Jas'ce Of the United States will be sum
moned TO preside over IL.