Evansville daily journal. (Evansville, Ind.) 1863-1866, 1865-11-13
The President wants JEFF Davis Tried.
is Opposed by Chief Justice Chase.
Where the Responsibility Rests.

is Opposed by Chief Justice Chase.
Where the Responsibility Rests.
Especial Dispatch to the Indianapolis Journal
MORE ABOUT THE TRIAL OF JEFF. DAVIS
WASHINGTON, Nov. 9.-Nearly a week
ago your correspondent informed you
that all the plans suggested for the trial
of JEFF. Davis had been settled, and that
the indications pointed to his pardon or
exile. The statement has created quite
a sensation, and has been doubted by
some aud denied by others. With an
air of authority, today's EUeniBg Re
publican prints the following, which is
evidently semi-ofiicial, and sustains our
position completely:
"For months President johnson has
expressed great anxiety to bring tolegal
issue the question whether treason is a
crime, and whether it can be punished
as such. He has not only consulted his I
confidential advisers and Cabinet, and
proper law officials of the Government
on the subject, but he has united to his
council some of the most eminent con-
stitutional and criminal lawyers in the
land"
Among these may be properly mem
toned the name of Chief Justice Chase,
who came here from Ohio some time in
August last, at the special invitation of
the President, to consult on the general
subject of trials and treason. Subse-
quently, about the first of October last,
President johnson addressed letter to
Chief Justice Chase, informing him that
! it might become necessary for the Gov
eminent to prosecute some high crimes
and misdemeanors committed against the
| United States within the District of
Virginia, Chief Justice Chase's circuit,
and inquiring whether the Circuit Court
of the United States for that District was
so far organize !, and in condition to ex-
ercise its functions, that Chief Justice
Chase, or either of the Associate Judges
OF the Supreme Court, would hold a term
of the Circuit Court there during autumn
or early winter, for the trial of cases.
About the middle Of October Chief JUS
tiee Chase replied to the Presidents let
ter. rsr,. sts. III --E
He positively stated that the Circuit
Court of Virginia, either to be presided
over by himself or one of his associates,
would not hold term during the au-
tumn or early winter. He stated that
the regular term authorized by Congress
would commence this year on the 9th
of the present month, only one week be-
fore the annual term of the Supreme
Court, when all the judges are required
to be present, allowing but one week for
the Circuit Court to set, which, in the
opinion of the Chief Justice, would be
too short time for the transaction of
any very important business; but the
Chief Justice adds, that were the facts
otherwise, he so much doubts the pro-
priety of holding Circuit Courts of the
United States in States which have beeu
declared by the executive and legisla-
tive departm of the National Gov.
eminent to be in rebellion, and there
fore subjected to martial law, befors a
complete restoration of their broken re-
lation with the nation, and the superse-
dure of military by civil administration
that he would be unwilling to hold such
courts in such places within his circuit
which includes Virginia, until Congress
shall have had an opportunity to con-
|. slider and act on the whole subject.
The Chief Justice expressed to the
President the opinion that civil court
in a district under martial law can only
act BY the sanction and under the su-
pervision of military power; and he
= positively asserts that he does not think
that it becomes a Justice of the Su
} preme Court to exercise jurisdiction
|. under such conditions. By this it will
be seen that while the President, in re
Spouse to the wishes of the loyal people
of the whole country, is desirous O
having Davis tried for high treason, in G
manner that shall bestow the largest de
gree of dignity on the Government, tina
the Chief Justice not only refused tC
hold court, but actually invites Congress.
sional issue to be made. His first OBJ
lection was for want of time 1t seems
to us if at all, that the trial might come
off at the end of one week, and ther
adjourn until after the organization O
the Supreme Court Then if the Chic
Justice or any of his associates could
be spared to continue the Circuit Court
let the Supreme Court adjourn altogeth
err, and give its attention to the grea
question now uppermost in the mind o.
the American people. But the adjourn
ment of the Supreme Court would no
be necessary, as one of the Associate
Justices could be detailed to try cases il
Virginia.
The second objection amounts to the
statement that it would be undignifeG
for Chief Justice Chase, or either of his
associates, to try traitor while Federal
bayonets necessarily exist upon the soil
of Virginia. Without meaning to be
disrsspectful to the Chief Justice, we
sincerely think that such an excuse il
not only undignifed and uncalled for
but it sounds too much like the Copper
head harangues of the last Presidential
campaign. 1t is the emanation of a
mind dissatisfied with situation for
which the President is not to blame.
Chief Justice Chase knows very well
that the military cannot with safety be
, withdrawn from Virginia, and takes ad-
vantage of that fact to avoid soiliug his
ermine by contact with Federal bayonets.
: Chief Justice Chase proposes to lei
jeff. Davis go untried. Such position
would have been consistent with the re-
cord of Chief Justice Chase's predeces-
sor, in fugitive slave law times, but il
reflects no credit upon the present Ju.
dicial head of the United States Su-
preme Court If Chief Justice Chase is
right in his opinion, that it does not be.
come Judges of Courts to hold term
where the military power exists, and to
be consistent with this view of the mat.
ter, we presume he will refuse to hold
the United States Supreme Court within
the District of Columbia, and District
Courts acting upon the same principle,
will also adjourn.
We give the whole article, that every
one can judge upon whom rests the re-
spensibility of having let the trial be