Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-10-19
IFrom the New York News.l
LETTER FROM "DRUID."

President Johnson Determined to
Pardon Jefferson Davis, and Why
If Tried, he Must be Tried for
Treason In toe Supreme COurt-If so
Tried he Would be Acquitted-He
s,Canpot be Convicted of Treason, and
Why-J he Presidont's Add ress 10 the
South Carolina Delegation.
WASHINGTON, Oct IA, 1866.
JEFFERSON DAVIS TO BE PARDoNED.
1t is with feelings of the most profound
satisfaction that am able to inform the
readers of the Neps that President johnson
has determined to pardon Jefferson Davis,
and, 1t may be, even without trial, al
though that point is not settled yet. Nor is
1t atall unlikely that In short time MIR, Da-
Wis will be released from confinement on the
same terms that Mr.. Stephens has been, and
then afterward pardoned.. 1t is possible,
but very unlikely now, that he may be
brought to trial In q civil court for treason.
But II so, and even IL convicted, he aoiH be
pardoned. That is certain as the DEGREES of
fate. do not derive this information from
what the President said yesterday to the
South Carolina delegation, although the
fact can safely be implied from those re-
marks. On that occasion the President was
directly applied to for the pardon of Jeffer-
son Davis by q committee appointed for
that purpose by the State Convention of
South Carolina; and on that point, here is
what Mr.. johnson said: a' f.-..
WHAT THE PRESIDENT SAID. N
"All cannot be pardontd at once. The
business must be proceeded with gradual
ly, and an effort must be made to execute
the law. l want to do what is best and
just, and to show a proper degree Of hu-
manity on the part of the Government. If
treason has been committed, there ought to
be some test to detefAine the power of the
Government to punish the crime. The laws
. having been violated, and an attempt made
upon the life OF the nation, there ought TO
be vindication of the Government and
the Constitution, even If the pardoning
power were exercised thereafter. If trea-
son has been committed it ought to be de-
termined by the highest tribunal, and the
fact declared, even If clemency should come
al .erward. l assure you, gentlemen, no
disposition exists for persecution,or thirst
for blood" H'nr-I 10
MR.. DAVIS COULD NOT DE CONVICTED OF
...- TREASON.
This language is plain enough, and needs
no commentary. Busy and harassed as he
has been during the last five months, the
President has had time for reflection upon
this momentous subject, and these are the
results of his reflections. They do honor
at once to his head and to his heart. The
highest tribunal is the Supreme Court, or
one of the United States District
Courts, and the President says that if Mr..
Davis is brought to trial, it must be before
the highest tribunal. But has treason been
committed? Mr.. johnson does not say SO.
He says twice, ''IF treason has been COM
mitted." The fact is, if Jefferson Davis
a triad in ha Supr
Court, or before any high civil tribunal, he
would be acquitted. Every lawyer who
will examine the whole subject in all its
relations must come to this conclusion.-
Whatever his offense was, it was not trea-
son, nor can it be proved to be treason
The chief of belligerent power cannot be
guilty of treason. If the rebellion had re-
manned within the line of a mere insurrec-
tion, and If any of the insurgents had
fallen into our hands, they would
have been traitors, and might have
been hung as traitors. But the re-
bellion passed far beyond the limits of an |
insnrrectiOn. 1t became war of vast pro- |
portions, in which the combatants on either |
side became, by the laws of nations invest
ed with equal rights as belligerents. Our |
Government itself acknowledged the rebels |
as belligerent power by exchanging pris-
oners. 1t is by the principles of interna-
tional law that our treatment of Mr.. Davis |
must be regulated; and those principles de-
clare That he is prisoner of war, and must |
be treated as such, and cannot be tried for |
treason.
HE WILL EITHER BE ACQUITTED OR PAR
DoNED. -
Nothing is more probable, therefore, than |
that President johnson, after giving the |
subject his deliberate consideration, has
come to the above conclusion. The only |
question Is, therefore, whether it is better |
to have Mr.. Davis brought to trial for trea-
son with the certainty that he would be ac-
quilted by the highest tribunal, or to par
don him without trial. Mr.. johnson
wants to do what is best and just, and what
ever course he finally adopts in the matter,
will be best and just; best for the honor of
the country, and just to Mr.. Davis. In the
mean time, the friends of the latter gentle
man may rest assured that the President |
will not be deferred by any bluster on the
part of the Radicals from carrying out his
convictions of duty on this and every other
subject.
THE INTERVIEW WITH THE SOUTH CAROLINA
DELEGATION.
The interview at the White House on
Friday afternoon between the President |
and the South Carolina delegation was of
the most pleasant and agreeable nature.
The President caused the gentlemen to be
seated, and addressed them In the tone and
manner of great politeness and courtesy.
The Presidents remarks were informal and |
conversational, and touched upon other SUBJ
jects than that alluded to above. The del
egation withdrew greatly pleased-with the
interview, and impressed with the belief
that the object of their mission would be
SUCCESSFUL. vvJ DRUID.
[From the Cincinnati Enquirer1
A H.cussso.- D.usss..-u