The Cleveland leader. [volume] (Cleveland [Ohio]) 1865-1865, 1865-09-06
M TTIeI q Jeaerson navis.

Wednesday SEPFRMBER {, 1866.
me TrIai u 1enerson Davis II
II is safe TO say, although we think no
public announcement of the fact has been
made, that the government has determine
ed 70 Try jefferson Davis for treason, and as
soen IS practicable. The announcement
will be good news to every man who earn
estiy desires to make the Union secure,
and to realize the declaration of President
johnson, on assuming his Office, that
"TREAsoN must be shown to be q crime"
For this reason we are rejoiced that
the Government has decided to try Davis
for treason and, mot for the assassination of
the President or the barbsrous treatment
Of Union prisoners. Even supposing that
he could be proven guilty Of eitherof these
crimes, his great and crowning guilt, of
which these were the lesser and natural
ofshoots, was that of treason. It is highly
Important, also, that the question whether
secession is treason, or whether the foul
and hideous theory of { tstes' Sights, which
the Democracy OF Ohio have had the eff
f~rontery to make the fundamental plank in
their platform, shall be held to justify the
attempted revolution IN the Southern
States. cal -sa15 aft mo-f -l1I7al ~.
Two legal questions will be. settled by
AA4EslA5sfaEso Davis The first Is
Were the ordinances of secession valid and
binding2 If yes, the ordinance of se-
csssion passed BY the Mississippi Conyen-
ton, Absolyes Jefferson Davis, 8 citizen of
Mississippi The crime OF treason can only
be committed by q citizen, and if the ordi-
nance of secession be. binding, Jefferson
Davis is not a citizen of the United States.
This point will, however hardly be con-
tested in a United States court especiallyss
Mississippih has itself declared its ordinance
of secession absolutely null and void
The second question will be whether the
government has not 50 far recognized the
belligerent rights of the C~onfedersey that
it cannot ipdict its pseudo-President as a
traitor. By the statute of limitations an
Indictment for treason can only be for acts
committed within three years previous to
the time at which it was found, It will be
claimed,-and on this the counsel of the
defendant will make their great reliance
that the establishment of 3 blockade
and the cartel for IN exchange
Of prisoners involved q recognition
70 .a
of Jefferson Davis and his government as
belligerents. But the government can
answer successfully that it has all along
protested against the recognition of rebel
belligerent rights by European powers,
and that such rights as it has granted to
Jefferson DAVIS hzre only recognized the
fact of a state of 3 war, and have merely
been dictated by motives of humanity, and
do not prevent it from holding Davis liable
for his crime. Several cases have already
been decided by the Supreme Court involv-
ing the principle that the concession of
belligerent rights to the rebels does not ab-
solve civil obligations.
It is much more likely that JEFF. Davis
nhl CbS0Pc SoAfhObAOA tAAOubA bA6 muAaA-
tudinons evssions and loopholes which our
civil law affords to the criminal, or through
the secret sympathy of some juror, than
on any broad legal principle. If he does,
the result of the trial will be inconclusiye.
If he is acquitted on broad legsl grounds,
the whole policy of the government on
the subject of amnesty must be remodelled;
for amnesty implies gum uHuH UrHvrs0H
Davis be not s traitor none can be guilty
OF treason. Dut u 40 bv o0nvf0ted the
constitution will be Yindicsted, States
rights annihilsted, and secession demon
atrsted o;be treason.
he will probably be tried at Norfolk, be-
fore the United States Circuit Court Chief
Justice Chase presiding. Weare glad that
the expensive folly Of a military commits
sion is to be abandoned. and that the great
intellect of Chief Justice Chase may be
brought to bear upon the great constitu-
tional and international questions to be set
iled in this trial. Whether it will be nee
espsry to hang Davis if convicted, is a
mAt.er yet to be determined. That be be
convicted is the desire of every true and
loyal Unionist a :aygg