The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1865-11-24
THE TRIAL OF JEFF. DAVIS.
What a Military Court wouId Do.
Correspondents of Cincinnati Commercial
WAsuINGTnN Nov II

II
| WASHINGTON, Nov. II.
What was recently published in the
Commercial, from Washington, in regard
to the trial of jeff Davis, and Mr.. John
sons opinion of the matter, has been
misconstrued by some papers into the
announcement that the President had
avowed his determination not to try the
deposed rebel chieftain. The gentleman
who related to me his conversation with
| the President, respecting Jeff. Davis,
| said, however, that the plain inference
| from Mr.. Johnson's words was, that there
| would be no trial; but the only determi-
nation expressed was, that the case would
| in no event be brought before Military
Commission for adjudication It may be
that the chagrin OF nay informant, at the
| refusal Of the President to acquiesce in
his views of the propriety of military
tribunal, caused him to despair, unneees-
sarily, of ever seeing the distinguished
culprit brought to justice. Be that as it
may, he said very despondingly, "rm
sure from what he (Mr. Johnson) said,
that there will be no trial at all
1t is astonishing what favor military
commissions still hold in the minds of a
certain class, who arrogate to themselves
all the loyalty, and claim a patent right
In all the virtue that it has been pleasing
to Divine Providence to bestOw upon
our land-I was about to say, "to difuse
among our people'-but, according to
these gentlemen, there has been a con-
centratien rather than a diffusion, and
they have been made the happy recipi-
ents Of the entire gift. They demand the
trial and conviction of Davis before
military commission, to settle forever,
the right, or rather the wreng, of rebel
lion and secession. 1t does not occur to
them for moment, that trial before a
military commission settles nothing
whatever, except the individual arraign-
ed, and it is pretty sure to settle him, be-
cause, in the language of the venerable
son of Neptune, who presides over the
Navy Department. "Courts-martial are
organized to convict" But has anybody
ever heard of the proceedings ola militia
ry commission being taken in court of
law as precedentto determine dispu-
ted point?
1t may be all very well to work ones
patriotism mp to the point of demanding
the blood of jeff, Davis as an atonement
for the wrongs of the nation, though it is
taking rather narrow minded view of
the contest, and an enlarged one of jeff.
Davis influence. and paying very bad
compliment to the intelligence and NOR
ality of the American people, to suppose
that the death ofany one man, even if
Jefferson Davis can, to the smallest pos
sible extent, atone for the wreck and suf-
fering of the past four years. Ifblood is
wanted, military commission is the
very thing to draw it. But if is desira-
BILE to settle q point of law, the veriest
pettifogging police court in the land is
infinitely superior to the most grandly,
imposing array of military talent that
ever sat upon court-martial. In the
first place, no lawyer worthy of the name
will consent to the humiliation Of argu-
ing q case of treason before Court in
the composition of which brass buttons
takes the place of brains, and knowl-
edge of tactics is of more Importance
than knowledge Of law
Think of James 7. Brady examining a
witness, and Lew. Wallace deciding
whether his questions are pertinent or
not The General overrules Mr.. Brady,
and Mr.. Brady falls back upon "some
quaint and curious volume OF forgotten
lore to show that he is not transcending
the license of counsel for the defense.
Its all Greek to Lew, and he says in ef-
feet, II don't care what Mr.. Erskine, or
Mr.. Vattel, or Mr.. Kent may have said.-
They were very good men, in their way,
and for the time, but | want you to un-
derstand that the prisoner at the bar
took UP arms against the best govern
ment that the sun of heaven over shone
upon. The Union must be preserved, by
the Eternal, and the witness will stand
aside"
Then Mr.. Brady attempts to show that
there have always been conflicting opin'
ions among American statesmen, as to
the right Of secession. Here some gen
tleman, surmounted by eagles on either
shoulder, great in tho titular atfiX OF half
the alphabet to his name, for instance,
"Col, Comd'g 18th L. 5. c. l., and Supt.
F.B.," Jumps up, and enters demurrer,
rich in patriotism, but poor in law, that
there has been an Atlantic of blood spill
ed and perfect Himalaya of bones pill.
ed up, to settle this hated and accused
doctrine Of State Rights, and he turns
TO the presiding General to know if trca-
son is to be spoken dofantly in this
Court? OF course not; and Mr.. Brady
GETS a gentle hint that if he doesn't keep
Shy of the Resolutions of '9S, and other
bad things he'll beput il the Ola Capitol
Pretty soon the defense propose 10
show that in 1860 and 81 many who are
now officiating us High Priests III the
Temple of Loyalty believed in tie right
ofseccssion; that Greeley wanted to tear
down the Haunting lie; that Mr., Banks
wanted the Union TO take unto itself
skates and slide that General Scott de-
| sired the wayward sisters TO depait in
peace and that even the divine Stanton
congratulated Mr.. Albert Gallatin Brown
upon the secession of Mississippi Up
Jumps a Captain and A, 4 G., holding
the American eagle hy the tail, meta
phorically. in one hand, and humping
| the counsel TO order with the other, de-
mands to know if the American 1ag
doesn't float triumphantly from therock-
ribbed coast of Maine TO the golden
shores of California, and whether this
great nation is now to be inSult,d and
its gallant defenders slandered in this
way in loyal.co Through a quota
tion from Beadle's Dime Speaker, lie
touches the heart of the Court. and
Blackstone again gives way TO Casey
Next it is proposed to show that Mr.
| IL, A. ~ . l,a, ,'.11