Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1865-11-16
THE TRIAL OF JEFFERSON DAVIS.

The recent reports about the trial of jeff.
Davis, tending to create the belief that he
was not to be tried at all, have as we have
heretofore maintained no.foundation what
ever The cause of the delay was private
ly understood, and its removal being prob
able at an early day, we have not deemed
it advisable to print the technical matters
of difference which existed between the
President and Chief-Justice~ CHASE, but er-
roneous statements having become public
! it is proper that the facts as they exist,
should be known The following statement
from this evenings ReDudicaa we know to
proceed from the best authority and to be
entirely correct 1t fully explains the de
lay in regard to. the long expected trial:
For months President JOHNSON has -eX-
/ pressed the greatest anxiety to bring to u
/ legal issue the question whether treason is
! crime and whether it can be punished as
such. He has not only consulted his cons
/ titutional advisers, his Cabinet, and the
proper law officers of the government on
! the subject, but he has also invited to his
counsel some Of the most eminent consti-
! tutional and criminal lawyers in the land.
! Among these may be properly mentioned
| the name of Chief-J ustice 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
for treason. Subsequently, about the lst
of October last President JOHNSON address
ed letter to Chief-Justicc CHASE, inform
ing him that it might become necessary for
the Government 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 is so far or
ganized and in condition to execute its
functions, that the ChiefJustice, OF either
Of the Associate Justices of the Supreme
Court, would hold term Of the Circuit
Court there during the Autumn or early
Winter for the trial of causes.
About the middle Of October, Chef-.Jus-
tice CHASE replied to the Presidents letter.
lie positively stated that his Circuit Court
for the District Of Virginia, either to be
presided over by himself or one OF his as
sociates, would not hold a term during
the Autumn or early Winter" lie stated
that the regular term authorized by Con
grcss would commence this year on the
9th of November, the present month, only
one Week DtlOTc Inc fduiluai lCEIIl Oh Luc '0t'
preme Court, when all the Judges are re-
quired to be present, allowing but one
week for the Circuit Court to sit, which, III
the opinion Of the chict.J usticc, would be
too short term for the transaction Of any
very important business. But the Chief
Justice adds that, were the facts otherwise
he 50 much doubts the propriety Of holding
Circuit Courts of the United States in States
which have been declared by the executive
and Legislative departments Of the Nation
al Government to be in rebellion, and, there
fore, subjected to martial law, before tho
complete restoration Of their broken rela
tions with the nation, and the supersedurt
Of the military by the civil administration
that he would be unwilling to hold sucl
courts in such States, within his circuit
which includes Virginia, :" until Congress
shall have had an opportunity to consider
and act on the whole subject" The Chief
Justice expressed to the President the opin
ION that a civil court in a dietrict under
martial law can only act by the sanction
and under the supervision Of the militar,
power; and he positively asserts that he
could not think that it becomes the Justic
es of the Supreme Court to exercise iuris
diction under such conditions. .