The Vermont transcript. [volume] (St. Albans, Vt.) 1864-1870, 1865-12-01
The Trial of Jefferson Davis.

Bishop. "a work of the highest author .
ity in the Courts throughout tho coun- /
try, and especially at the South, there I
is the following note TO pnge 1922 OF
the second volume, in the chapter on I
treason:
l. The expedicncy of handing over
rebels especially leading rebel, TO be
tried by the civil tribunals, after
great rebellion, which had ripcncd into /
Il war; has been subdued, is quite |
another matter II we assume il TO |
be the law of nations, which it certain
" is not that such a rebel cannot he |
executed as traitor, then it would /
not be wise TO violate this law, though
the violation should involve no breach
of tie constitution. Probably, also.
10 officer Of our government would be
even consttutionally justified in violat-
ing the law of nations; though the
question in this case, would not be for
the President.
2. If, then leading rebel is to be
executed, and the law Of nations ap-
proves the highest oxpediency, even
almost the law itself demands that
he shall not be sent TO the judicial tri-
bunals for his sentence, but that this
shall be pronounced 10y a military tri-
bunal. Let us remember, that the
law of nations does not prescribe the
court in which the trial shall be had
We are in this matter, to look to our
internal system Of laws.
3. Let us illustrate the matter by n
case now before us. Mr.. Jefferson
Davis, the leader of our secession re-
belhon, is, at the time Of this writing,
a prisoner in the hands Of our military
powers, having been captured by the
army in time Of war. Once it was
/ the rule, the writer's on the law Of ma
tons tell us. to kill all prisoners of
war. Aftcrward the death penalty
was mitigatcd, if mitigation it can be
called, to slavery At length the law
Of nations was still further modified,
and even slavery could not be imposed
ON the captive. Thus it stands now,
as n general rule But the rule las
this exception, that il does not apply,
10 its fun extent, to the case Of rebels
subducd and captured by their Offend
ed sovereign Our cohsli'u'ioh comes
the National Government with full
war powers, ms known under the law
OF nations see VOL. l. Sl9-oo , there-
fore orr military ai'horiue5 nave tne
same right TO execute any leooi VINO IS
to be executed, after the proper mill
tarv trial, as to take the life in battle
OF one VINO Is encountered among me
opposing FORCES, or II me 'ii'is'rh'! !. u
please better the same flSht "hlcl
they nave to execute ~ apy' sHpp"sihS
the spy IS to be eAecUesi' instead OF
turning hlin1o 'he civil courts III
oiher words assuming "ltJ 'pV p''9-
oher OF war Is 10 iose ms me, lneie Is
nothing IN me way OF me ne oeinS
: taken by military court
4 On me otiier hahds tilere IS III
The way OF the tr'Hi OF auch person
by the evil trlonha4s' mlch' ho1 per
maps ot absolute law on, Oh sucn mex
leoiGhoy us "Hi1",'9 '''li'U U ~ "a y,
'o9ai"'S i''llo' my ~ 80 1 ,.l.-
i, " o"o ~ W. 'i'', a. 49,
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:" ~. IL ~ y" '' ,,,''i'.;.',
e iioV 'ii,'' 80 w., ',,' '' ~ .elj'
o8ui','' MN ~ '''"' ~ T''a ''al. ,'''''
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. i ~ 80 "ne''iI' ~ "'.' WY ~
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/ on 'iiis oeei"i ''''on' .'' ~ 81 '''.'''i
g mas PleuSeu ilS e'eol' ~ ignoe'3 -
iiloney 10 an oo' .uoa V ,, , 'g'O' -
iici'0u t'io ',oei''i '',5oi' - '''V 49, =
s 'ilous"iiuS si"ln, 10y So. O'''NIp !.
= every 1iuiE r'9ui ni"n' nus sireH M
voice WIZ lne oo'eii.',it'.'' ne " H'
/. mas no. zone SO - no' ~ - ye i" Julo
8 III 'iie Vi'"i % "uS o.''SV' ~ " Jui.
tliul py a Punol % I ~, VINO LAY
uo.'e ~ - q la '.l ,,, no ..'Sg 1 .I,
~ ~ ~ " ~ Doui ~ ~ ~ 80
ss'o'l'i''e,' ~ . J"'yi "i'Io". I'm ~
'iie W noio ~ s'e'i' % UNA ~ jury in'
: contempt
.. but Is 1t TO be thought OF wlthou
shudder, that, after the eXpendltur
. OF SO much blood ana treasure tn
government IS to submit the question
T. between itself and Jefferson DAVIS Z