, 1865-11-14
onJEcr OF JEFF. DAVIS, TRIAL.

Now md then we read 4 rickctty editorial,
loosely setting forth the queer doctrine that
the object for which Jch. Davis Is to be tried
Is 10 settle the question OF the right Of seces-
sion, or to obtaiu from the Supreme Court IN
authoritative definition OF the crime Of trea-
son, or some similar absurdity. Those who
PROFOUND such stuff do not seem to be aware,
Or else they cuuningly strive to conceal, that
ifthe right Of secession Is or ever was ques-
tion, then the attempt TO seccde Is not O
crime; that If We have not already IN nu-
thoritaiivp definition of the crime of treason,
then no person could possibly commit Il, for it
is1mpossi6lc 10 fndlct for crime whose III
ture has never bscn defined. If either Of
these assumptions, vizs that the right Of sc.
ccssion l. "question," under our Federal
Constitution, which needs to be set
tied hy the Supreme Court, or that trea-
son has never been sufficiently de-
fined, thcu not only is JET. Davis wholly In
noccnt, hut the Federal Government is
wholly guilty. II treason has never been dc.
flued, JeE. Davis never could have committed
tho crime, and 10 assemble Federal court
nnd jury to define treason is 10 acknowledge
that the law has not been In stnte In which
treason could have been committed. II, on
the other hand, the Constitution sufficiently
defines the crime when it says "treason shall
consist In lcrying war against the Govern
mcnt, or in giving aid and comfort 10 lis enc.
miles," then there Is neither need nor room
for any further definition. No conrt can pre-
scribe the myriad ways In Which Wnr may be
levied against the Government or aid be given
10 its enemies. Hence, The Constitution leaves
Court has 10 do Is TO command Jury to find
the naked fact whether JEFF. Davis has or has
not nnde wnr upon the United States, and II
he Inns 10 lind him guilty. A jury which
should dare 10 lind tllat he had not, ought
themselves to be imprisoned for life for their
perjury. To admit that the right of secession
Is a "qucstion" under the Constitution, IS TO
admit The whole ground-for, obviously, II It
be question, It Is one Which the President
and Congress cannot aid in deciding, md on
which the Supreme Court Is wholly power
less. We have fought the war on the ground
that tle right Of secession Is not a,question,
but crime. Our Federal courts can only SIT
on The assumption that they represent the
majesty Of n sovereign law, To resist which Is
plainly treason. They can only declare that
that section Of the Constitution Of the United
States which declares it, and the laws made
under II, to- be "the supreme laws of the
laEd, any thing In the Constitutions or laws
Of the States 10 the contrary notwIthstaud-
Ing" disposed finally and forever OF the qucs.
tiou Of secession, md left It no longer in any
doubt whatever. For If 1t be or ever WIS
question whether the Southern States had the
right to secede, then tnasmnch Is they did
secede, IL Is question whether the Federal
Government, or The Supreme Court, IS
branch thereof, has any Jurisdiction over the
nets Of officers md citizens Of the so-called
Confederate Statcs. II there is any question
whether Virginia had the right to seeede,
1hen theTcI Is the same question whether she
Is now lawfully n 6tate in tho Union, and
consequently, whether Judge Chase has my
right TO hold court within her territories,
or to try Jefferson Davis at all.
Finally, II II bc = question whether State
Las the right TO scccde, then there Is the sa1ne
question whether the Union Is not legally dis
solrcd, end rs there can be no Federal Gov
crnmcnt apart from the Federnl Union,
whether the entire fabric of our Government
including the Supreme Courts not n
usurpation md anullity. When Mr., o,con-
nor shala rise as counsel for Jefr. Davis and
be permitted to argue that State Inns a rirh1
TO seccde, his argument will contain. by lori.
cal inference, the position That lie court
Which he Is addressing Is u nuility; TINT Il
not only has no valid jurisdiction
Of the case before 1t, but that It has no juris.
dictIon Of any cnse or matter; that It is mol
the creature or amy valid government, Int is
merc pirate chair, filled by respectable