Cleveland daily leader. [volume] ([Cleveland, Ohio]) 1865-1873, 1865-11-17


still further modified, and even slayer,
.. could not be imposed on the captive Thu
: it stands now, as general rule. But tn
rule has this exception, that it does no
: apply, to its full extent, to the case o
rebels subdued and captured by their of
Tended sovereign. Our Constitution clothe;
the National Government with full wal
4, powers, as known under the law of nations
see vol. secs. 1869 therefore our mil
itary authorities have the same right to
: execute any rebel who is to be executed,
after the proper military trial, as to take
the life in battle of ehe who is encountered
among the opposing forces OF, if the
Illustration pleases better, the same right
which they have to execute spy, sup
posing the spy. to be executed, instead of
turning him over to the civil courts. In
other words, assuming that the prisoner of
warts to lose his life, there is nothing III the
way of the life being taken by military
court. -.--,-,..-,
~. On the other hand, there is, in the
way of the trial of such person by the
civil tribunals, much, not perhaps of abso-
Lutte law, but of such inexpediency as
amounts almost to law-possiblY quite
Let me call attention to one or two things
In case like that of Mr.. Davis there is
no question of identity to be decided, and
| the Government has, during four Whole
years, III every variety of form pronounced
| not that there was violent suspicion
against him, and that it was desirable that
he should be arrested and put on trial to |
see whether he was guilty, but that abso- |
lutely, he was guilty. and, on this -doola= !
ration, the Government has pledged its |
credit to lenders of money to an enor-
nous extent, and cemehted the declara-
ton III the blood of thousands slain.
Every good citizen, every truly loyal man,
has given his voice with the Government
He who has not-done so is not fit to be a
juror in the trial Of any cause. Yet jury
trial by panel of jurors who have done
so is farce. The case could not 60 into a
civil court and be there submitted to a
jury, without bringing the wholelsystem of
trial by jury into contempt.
IS. But is it to be thought of without Il
shudder, that, after the expenditure of so
much blood and treasure, the Government
is to submit the question between itself
and Jefferson Davis to a jury of twelve
men-all of whom must be improper per-
sons to sit on jury, if the ordinary rules
are to be applied to them, or they could
not get into the Jury-bot-to determine
by verdict between the legitimate Gov !
eminent and the rebel Government, and
decide which is in the #rohg2 If Mr..
Davis is found by these incompetent and
improper jurymen to be in the wrong,
then sentence of death is to be pronounced
upon him. Ifthe Government is found to
be in the wrong, then, -. And see vol
|, sec. IOI.
"6. know that at such time as this
i is very embarrassing for the Govern
nent to do right Should Mr.. Davis be
.ried by military court; all the dema-
yogues in the country would raise the cry
hat the Constitution was violated, and
'ur civil rights in jeopardy; because thus
hey would suppose they could win the =
avor of the people In like manner, all
he haters of our country abroad would
lenounce the act, and they would claim
'hal there is less liberty in our republic
han in the monarchies of Europe Still, Il
f those who are at the head of our Gov \
first wash their own hands clean F
hey will find no real difficulty in SO pre- t
enting the matter that it will be correct
y seen by the pure-minded among us.