Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-05-30

II Is now generally proclaimed that JET
ferson Davis ia to be arraigneda and tried for
treason, rather than for assassination, ana
that to this end true bill has been found
against him by the Grand Jury OF wash
ington City on Information lodged by tne
Government. We relteraie, thereiore, ou,
Suggestion that the Chief \Justce should
preside at .his trial, and that all the ques.-
lions properly involved in the issue shall
he raised and formally adjudicated.
Many suppose the whole matter conclua-
ed by simply. proving that the person NJ 70 = pc
arraigned has waged war against Vhe
United States, and then quoting thas pas
sage of the Federal Constitution which
STreason against the United States shall
consist only in levying war against them,
! or in adhering to their enemies,l gYing
| them aid and comfort"--Art. III, sec. o. =
But this, though In point and III our view
conclusive dQesEnot meet the caEh 10 q. 9e
overcome. Generals Gage ana hoWe, OF
| Henry Clinton and Earl CORVALLIS In
the Reybltfti0nary War, Sir George Fro
yost, General Packenhan, &c, in the
War of 1872, as we'll as, Arista, Ampu-
dia and Santa Anna, in our, war Win
/ Mexico, both waged War against the United
States and adhered to their enemies-there
| isn't doubt of the fact-yet they were not
/ therein guilty of treason. He only is guilty
\ of treason who, BY birth and citizenship, or
by placing himself under the jurisdiction
Of the government he wars upon, thereoy
\ incurs special obligations, which he violates
by acts of hostility.
b Jefferson davis in our view, ana n. tnal
! Of the Government and loyal people OF TINS
n country, was a citizen OF the United States
after as well as before the alleged secession
of Mississippi- not divest himself O.
, the obligations of such. citizenship, and
could not, unless by becoming citizen
some foreign country, recognized by oul
Government as SUCH. The assumed seces'
n sion of Mississippi, her confederation VIII
certain other States claimed to have In llk'
manner seeded, and their combined recog
milton of a state of war as existing betweef
their Confederacy and the Union, were II
|, our view legal nullities, like John Browns
. Constitution adopted by his followers IN
negro church in Canada, under which theJ
; inaugurated their hare -brained,s disastrous
A Harper's Ferry enterprise, % I':g q t1t
The sapient suggestion that neither ou
side nor the Secessionists are likely TO D'
enlightened or convinced by any adJudlca
tion of the Supreme Court on this grave Is
> sue. is entirely irrelevant. What is requlr
3 ed is a solemn, conclusive adjudication o
, the meaning, purport, obligations and limi
tations of the oath of fidelity to the Fedora
Constitution which is required of all civi
functionaries, military and naval officers
, cadets etc., etc. The words of the oath ar
II familiar; what Unienists understand b!
them is also well known; so is the construc
ton put upon themlby Seces ssionistsf? n ov
| let the 'Supreme Court solemnly adjimicat
them deciding what is their legal 3pprp0r
+ and effect, and thereafter whoever take
the oath in question is legally ant
Justly presumed to mean and to swea
! what the oath is so adjudged to mean. Tn
: anarchical doctrine of Gen. jackson tina
he who takes the oath ,sYears to obey IT
Requirement. as he understands it.. not as
Is understood by others, will no longer b
4 tolerable. No future JEFF. Davis can plaus
: IDLY say: II meant only that l would b
n faithful to the United States until my Stat
= should withdraw her agency and fall bac
i on her Inherent and inalienable sovereign
: ty." To set up that preteXt after such ad
o Indication would be to invalidate all oath
Il | whatsoever ,ay..cs. 1E .'sa.
y We trust, therefore, that the trial of Ds
Wis will be unsurpassed in delberation an
g in careful regard for every formality ca
1. culated to enhance its claims to the defer
4 ence of our countrymen and of the, .efyi
y lied world, and that the Chief Justice
E the United States will be summoned to PR
k side over it.-N. Y.Tsfbune. ~ . TT-y