Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-11-11

Trial OF Davis Rresident's Dects-
ion-Comments of the washing
ton Republican.
Nearly. week ago your special cores
pondent informed you that all the plans
suggested for the trial of j, II Davis have
been retold then; the indications pointed
to his pardon and exile.
The statement has created quite sensa-
tion and has been doubted by some and de-
MED by others with an air of authority. To-
days Ecening Republican prints the fol-
lowing. which Is evidently semi-oflicial and
sustains our position completely:
"For months President johnson has ex-
pressed the greatest anxiety to bring to
legal issue the question whether treason Is
crime, and whether it can be punished as
such. He has not only consulted his con-
stitutional advisers, his cabinet and the
proper law officers of the Government OH
the subject, but he has also invited to his
counsel some of the most eminent constitu-
tional and criminal lawyers in the land.
'Among these may be properly mentioned
the name of Chief Justice Chase, who came
here from Ohio some time in August last at
the special invitation of the President, to
consult on the general subject OF trials for
treason. Subsequently, about the first OF
October last, President johnson addressed
a letter to Chief Justice Chase, informing
him that it might become necessary for the
Government to prosecute some high crimes
and misdemeanors committed against the
United States, within the District of Vir-
ginia, Chief Justice Chase's Circuit, and
inquiring whether the Circuit Court of the
United States for that District is SO far or
ganized and in condition to exercise its
functions that the Chief Justice or either OF
the Associate Justices of the Supreme Court
would hold term of the Circuit Court
there during the autumn or early in Che
winter tor the trial of cases.
"About the middle of October Chief JUS
tice Chase replied to the Presidents letter
He positively stated that this Circuit Court
of Virginia, either to be presided over by
himself or one of his associates, would not
hold the term during autumn or early VIM
ter. He stated that the regular term au-
thorized by Congress, would commence
this year on the 9th of November, the
present month, only one week before the
annual term of the Supreme Court, when
all Judges are required to be present, al
lowing but week tor the Circuit Court to
sit, which, in the opinion of Chief Justice
Chase, would be too short a term for the
transaction OF any very important busi-
ness.
"The Chief Justice adds, that were the
facts otherwise, he much doubts the propri-
ETY. of holding Circuit Courts of the United
States in States which have been declared
by the Executive and Legislative Depart
ments OF the National Government to be
in rebellion, and that are subjected to
martial law, before the complete restora-
tion of their broken relations with the ma
tion and the supersedure of the military by
civil administration. That he would be un-
mil 30 hnl N
within his circuit, which includes Virginia,
until Congress shall have had an oppOrtu-
nifty to consider and act on the whole sub
ject.
"The Chief Justice expressed othe Pres
ident the opinion that the civil courts in
the District under martial law can only act
by the sanction and under the supervision
of the military power, and he positively
asserts that he could not think that it be-
comes the Justice of the Supreme Court
to exercise jurisdiction under such condi-
tions.
by this it win be seen that while the
President, in response to the wishes of the
loyal people of the whole country, is de-
sirous of having Davis tried for high trea-
son, in manner that shall bestow the larg-
est degree Ofdignity upon the Government,
the Chief Justice not only refused to hold
al issue to be made.
"His first objection was want of time. 1t
seems 10 us that the trial might commence
at the end of one week and adjourn until
after the organization of the Supreme Court
and then if the Chief Justice, or any of his
Associates could not be spared to continue
the Circuit Court, let the Supreme Court ad-
journ altogether and give its attention to
the great question now uppermost in the
minds of the American people. But the
adjournment of the Supreme Court would
not be necessary, as one of the Associate
Justices could be detailed to try the case in
Virginia.
THE second objection amounts to state
ment that it would be undignitied for Chief
Justice Chase or either of his associates to
try traitor while Federal bayOnets neces-
sarlly exist upon the soil of Virginia.
"Without meaning to be disrespectful to
the Chief Justice, he thinks that such an
excuse is not only undignified and all un-
called for, but IL sounds too much like the
Copperhead harangues of the last Presi-
dental campaign against the Government.
1t is an emanatiOn of mind dissatisfied with
the situation for which the past is not to
blame. Chief Justice Chase knows very
well that the military cannot with safety
be withdrawn from Virginia. Because of
that fact, in order 10 avoid soiling his err
mine by contact with Federal bayOnets,
Chief Justice Chase proposes to let jeff.
Davis go untried.
"Such position would have been consist
ent with the record of Chief Justice Chase's
predecessor, in fugitive slave law times, but
it reflects no credit upon the present judi
cial head of the U. S. Supreme Court. II
Chief Justice Chase is right In his opinion,
that it does not become the Judges of a
Court to hold term where the military
power exists, then, to be consistent with
this view of the matter, we presume he will
refuse to hold the u. S. Supreme Court
within the District OF Columbia; District
Courts acting upon the same principle, will
also adjourn" .-..
We give the whole article, that every one
can judge upon whom rests the responsi-
bility OF having let the trial be abandoned