Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-10-19

Dsris. and Why--J Tried. he Must Be Tried
for Treason IN tie Supreme Ceprt-Dss Tried,
he Would Be acquitted He cannot Be Coavieted
OF Treason. and Wiy-TAe Presidents Ad-
dres, 70 n, South Carolina Delegation.
wAsnrssroS. Oct. IA, 1865
yEFFkRsoS DAVIS TO BIZ PARDoSkp.
IL is with feelings Of the most profound sAts-
faction that am able TO iafOrm the readers Of
the News that Presidents johnson mas determined
to pardon Jefferson Davis, and, il may be, even
without trial. although that point is not settled
vet. Nor IL il az all unlikely that in short time
Mr.. DAVIS will be released from confinement on
the same terms that Mr. Stephens has been, and
then Afterwards pardoned. Ii is possible, bu {
very unlikely now, that he may be brought to
trial in a civil Court for treason. Blu; if so. and
even if convicted, be will be pardoned. That Is
certain the DEGREES Of fate. do not derive
THE information from what the President said
yesterday to the South Carolina Delegation, al
though the fact can safely be Implied from those
remarks. On that occasion the President was
directly applied to for the pardon of Jefferson
Davis by Committee appointed for that purpose
by the State Convention of South Carolina; aud
OF that point. here il Whist Mr. johnson said
WHAT TIE PRESIDENT SAID.
All cannot be pardoned At once. The bust
ness must be proceeded with gradually, and an
effort must be made to execute the law. i want
to DO what is best and just, and TO show proper
degree of humanity on the part of the Govern
meet II treason has been committed, there
ought to be some test to determine the power OF
the Government to punish the crime. The laws
having been violated, and an attempt made upon
the life OF the nation, there ought TO be a vindi
cation of the Government and the Constitution.
even IL the pardonins power were exercised
| thereafter. IL treason has been committed il
ought 20 be determined oy the highest tribunal.
and the fact declared. even if clemency should
come Gfterward | assure you, gentlemen, no
disposition exists for persecution, or thirst tor
| blood"
Mr.. DAVIS COULD NOT BE CONVICTED OF TREASON
This language is plain enough, and needs nc
commentary. Busy and harassed as he has been
during the last five months, the President has
had time for reflection upon this momentous
subject, and these the result OF his reflections
| They do honor at once to bis head aud TO hi:
heart. Tho highest tribunal IS the Supreme
Court or one Of the United States District Courts
and the President says that II Mr.. Davis il
| brought TO trial, 1t must be before the highest
tribunal. But has treason been committedf Mr
johnson does not say so. He says twice. II
treason has been committed " The fact is. il
Jefferson Davis were TO be tried for treason in
the Supreme Court, before any high civil tri-
buna, he would be acquitted Every lawyer who
will examine the whole subject in all its relation:
must come to this conclusion. Whatever his
offense was, il Was not treason; nor can il be
proved to be treason. The chief of a belligereni
power cannot be guilty of treason. If the rebel
| lion had remained within the line of a mere in
surrecton, and il any OF the insurgents had fal-
| len into our hands they would have been traitors
and might have been hang as traitors. But the
rebellion passed tar beyond the limits OF al in
surrecton lt bee anne wit of vast proportions,
ia which the cOmbatants on either side became
by the laws of Nations, invested with equal rights
as belligerents Our Government itself acknOw i
edged the rebels as belligerent power by ex-
changing prisoners It is by the principles OF in
| ternational law that our treatment OF Mr.. Davis
| must be REQUESTED; and those principles declare
| that he is prisoner of war; and must be treated
as such, and cannot be tried for treason
HE WILL EITHER ACQUITTED OF PARDoSEp.
Nothing is more probable. therefore, than that
President johnson, after giving the subject his
deliberate consideration, has come TO the above
conclusion The only question il, therefore
whether it is better TO have Mr. Davis brought to
trial for treason With the certainty that he would
be acquitted by the highest tribunal, or to pardon
him without a trial Mr.. Johnson wants to do
what is best and just, and whatever course he
best for the honor of the country. and just to Mr.
Davis. Ia the time, the friends o. the lat
ter gentleman may rest assured that the Presi-
dent wi not be deferred by the bluster on the
part Of the radicals from carrying out the con-
victions Of duty on this and every other subject.
THE INTERVIEW WITH THE SOUTH CAROLINA pELE-
CATION.
The interview at the White House on Friday
afternoon between the President aud the South
Carolina delegation was OF the most pleasant
and agreeable nature. The President caused the
gentlemen 30 he seated. and addressed them in
the tone and manner of great politeness and
courtesy. The Presidents remarks were in
formal and Conversational. and touched upon
other subjects than that alluded to above. The
delegation withdrew greatly pleased with the in
terview. and impressed with the belief that the
object of their mission would be successful
DRUID.