The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-07-23

heavy and dropping In groceries, oils and naval stores
there less activity without any remarkable changes
in prices Hay, tobacco and wool were in fair demand
and held with much frmness The freight market was
less active the engagements consisting mainly Of grain
cheese and tobacco for Liverpool previous rates.
There four hundred and nifty nine vessels of all
classes in port
Tho Trial OF JcRerson Davts-Wh0 Shall
Decide Upon It's Form!
The question of how Jefferson Davis shall
be tried is very interesting and very important
Some persons contend that he ought to he
tried before civil district court. Others wish
him tried, with great pomp and ceremony, be-
fore the Supreme Court, the Chief Justice pre-
siding in person. Others, again, think that he
ought to be tried before Congress, if possible,
in the most imposing manner Others still are
in favor of a military commission and the
prompt judgment Of a court martial. Jefferson
Davis himself would Of course prefer a civil
court If he had any right to have preference
in the matter. But the guilt of the arbitrator
is 30 manifest and 80 notorious that his trial. so
far as he is personally concerned, will be q
mere formality. It IL only when we consider
him as the representative of the rebellion that
we see the Importance of allowing him to enjoy
the services of the most eminent counsel he
can secure, and of permitting him the fullest
and most impartial trial. His case will be
precedent for all time to come. 1t will settle,
not only his fate, but the great constitutional
questions which the rebellion has raised. Com
pared with it, the celebrated case of Aaron
Burr sinks into insigni6cance.
We think that it may be taken for granted
that the only defence which Jefferson Davis can
make will be the State rights doctrine. The
facts that he was citizen of this country, that
be had taken several oaths to support the gov
eminent Of the United States, and that he
afterwards levied war against this government,
and tried to divide and destroy 1t, must be
conceded by his lawyers. and can be readily
proven If they are not conceded. The only
hope of jefferson Davis, then. is to plead
| justification of treason in the doctrine Of State
rights. Such q defence will amount to pre-
cisely this:--Jefferson Davis and the other rebels
| were right because they believed in State
rights. The reply to this defence is, that Jeffer-
son Davis and the other rebels were wrong,
because the majority of the American people
did not believe in State rights. II the rebellion
is to be narrowed down to a matter Of opinion,
we have as much force in our opinions as they
have in theirs. Both sides think themselves
right, and each thinks the other side wrong
AS under these circumstances, there must evi.
IDENTIFY be a mistake somewhere, the rebels re-
ferred the difference of opinion to the arbitra
ment of war, and the suit was decided in 0uI
favor. We conquered the rebels, and in con
quering them we annihated State rights, The
best men of the South recognize this fact, and
the leading rebels are now sueng for pardon and
taking an oath of allegiance, which expressly
declares the individual States subsidiary to the
United States In their conversion we have
guarantee for the undisturbed future OF thu
Union.
The State rights defence of Jefferson Davis
which has been thus condemned by the arbitra
ment of war, must now be forever settled by
judicial decision We must have II declared by
law, as it has already been declared by forc'
of arms that this Union is an integer, and moi {
mere string of beads which anybody can breal
at pleasure. When we put Jefferson Davis OF
trial we place in the dock, in his person, the
secession dogma that this nation is a confede
racy, and that any State can withdraw from !
at will without the consent Of the States which
remain. Practically, we have killed that dogma
but we have not yet killed 1t judicially. Thi
we propose to do upon the trial of Jefferson
, Davis; and therefore the form of hi
a trial is question Of Importance. o
himself Davis amounts to very little
: Shut up in Fortress Monroe, his eyesigh
failing him, and his health in very preca
rious condition, he is too miserable an objec
y to excite any hostile emotion. But as the EN-
: bodment of the doctrines which, carefully In
: stiled into the minds of the South, have 8
!, terribly distracted the country, he demands tn
y s!rictest Justice at out hands. The serpent tina
g crawled into Eden was harmless as snake
= but as the incarnation Of the spirit Of all evil
!, succeeded in running the peace Of the worlt
: So the miserable wretch at Fortress Monroe Is Q
N no consequence, one way or the other, whethe
he lives or dies; but the evil principle OF whic
!, he is the acknowledged representative must
!, destroyed beyond the possibility of resurret
: ton If the nation is to be preserved intact an
ut glorious.
Of The tribunal before which jefferson Davis
d to be tried rests entirely with President Joh'
- son. He can designate the time and place On
o. manner Of this important historical trial IT