The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-11-19
Trial of Jefferson Davis.

The Boston Daily Advertiser endorses the
poweriui argument Of that great legal au-
thority, Mr.. Bishop, Of Boston, in favor Of
q military trial Of the leading eonspirat0r, as
follows;
Mr.. Bishop holds, Of course on the author
ity Of the prize ca-es, that the National
Government may rightfully exercise both
belligerent snd civil authority over rebels
at the same tims, and he denies that the
law Of nations forbids the execution Of a
leading rebel, after rebellion has ripeued
into war. Bat he argues that the highest
e1pedisncy, and "aimost the law ITSELF
requ res such rebel 10 Be sent for r. al 70 a
military tribunal. Tho law Of natio ?, he
argues, has relieved prisoners Of war from
he liabili,y Of suffering death at the hands
OF the captOrs, hut this rule does not epply
10 its fuli extent to rebels captured by their
sovereign; the military authorities may
then take the life Of r. bel in battle, ormay
take il after a military trial. " In other
words, assuming that the prisoner Of war is
20 lose his life, there i nothing in the way
Of his life being taken BY order Of q military
court" On the other hand, air. Bishop
contends that the submit sion of such a case
a. that Of jefferson Davis to a jury would
bring the whole trial by jury into contempt.
There is no question of ideetity 10 b. set
tied the Government has proceeded for
four years on the ground that he il abso-
lutely guilty, and could not find o panel Of
Jurors fit TO serve who have not given IL
their voice and support IN % doing. Mr.
Bishop shudders at the thought Of submit
ting to a jury the question whether the nn-
tional or TIE rebel Government is in the
wrang- Il Mr.. Davis is found b Be in the
wrong, then sentence Of death is 20 Be pro-
n5unced If The Government is found 10
be ia the wrong, tea.
In dealing with the guarantee clause Of
the Constitution, 10 his discussion Of trea-
son a. sfec ed BY evil war, Mr.. Bishsp
treats At some length Of the question Of re-
construction. Starting from thc fact that
IN the rebeilng Safe the governmental
body is dead, aud thai the United State,
through congress sad the President, can
alone Start into lie sgain, he lays doEn toe
general proposition that IN calling conven-
lions for recognizing the states The Unitsd
States authorities cse not limited BY any
thing utained ia the old coustitrtions u
the aies IN determiaing who shail vote.
This point he claims has been settled By
Congress and the Executive--in tho bin ~
guaranteeing republican governments 10
the States, w1ich passed the last congress
but failed 20 obtain Mr. Lincoln's siguature,
and in the case Of Louisiana This pro-
the old doctrine thaf nnthisg in the consG-
tuition OF laws Of a stste cen stead ia The
way Of the Usiiei STATES in carrying out q
provision o. the national Constitution And
hs makes the foll0wi1g application Of the
principle. which has a 20 beea enforced IN
one 81 two payers which have appeared 81
eoramuu cations in ouT columns
III was the duty o. Consress, as soon Is =
siate seeded, 20 pass an aet authorizing eli
IoysI persons In the State 70 assemble IN
convention and form a Rev aud iaysl stats
government This would, indeed. have
abolished slavery, for tie slaves Tsro loyal.
aad the process instituted b. Conyrsss
would necessarily hays made them tree;
sinrc they were 10 constitute the princiuai
voting basis IN the States, the whites heiov
mainly disi0yel- This was not lone. PM
the right, a. before shoEed. sol. I -.
IST, having vested Ia them. cannot L. -
ken away. There i no power either IA onr
National Governments o. IN anv Of o.r
state governments, whereby, without -
iaton Of the Conz;ifuiion OF fha r,ite4
States, the Acknowledgement of the 49,
rses can be carried out"
Mr.. Bishop carries ca his Siaeussi,rs a
question q law aud deciices TO eptr- "a
70 the province Of stafesmarshiu But he
cannot toroear sometimes givinz D. opiu-
ion on Ehat j. done 10 that province. r1r
which be obviously hss very fiais respect.
We give the following extract a. sa ia
raace o. this, a.d AZ =. I. r-..-i-,e1 81 /.
ftyi3 81 aoapr as.isa which i certainly Vsrv
.s.eon seen II he ragss q Legal e1nnsi-