The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-11-10
.Ienerson Davis.

Eighteen months have nearly elapsed since
Jefferson Davis was made a state prisoner. He
had previously been publicly chars ed by the
President of the United States with conspirinp
to assassinate President Lincoln, and SlOO 600
offered for his capture thereupon. The capture
was promptly made and the money duly pajd
yet up to this hour there has not been even an
attempt made by the Government to procure
his indictment on that charge. He has also
been popularity, If not officially, accused of
comphcity in the virtual murder of Union
soldiers, while prisoners of war, by subject
ing tnem TO needless, inhuman exposure
pIiyation, and abuse; but no official ateInpi
mas been made to indict him on that CHARGE
de has been indicted for simple treason; and
even TINS indictment has not been obtained at
the instance of the Government. II may be 80
badly drawn that no conviction could be had
on 1t, whatever the proof advanced vet tHe
Executive could say 81 am not responsible for
this. The indictment was obtained without the
%assent assent OF priyity OF my Attorney-General, or
Repeated attempts have been made nv the
prisoners counsel to bring his case to trial: but
TO no purpose. The Government does not an
pear TO prosecute; the machinery of the Courts
IS always out OF order. At one time martial
law stands in the way; when that obstacle is
removed. there is cavil as to the sulliciency or
completeness OF its Withdrawals; and, when that
Will 10 Longer serve, 1t is found that Congress
has somehow disarranged the judicial districts
and that the case cannot SAFELY be proceeded
with. And Congress itself, having most incon-
sideratcly meddled with the matter, never took
pains to inquire what acuon on its part If anv
was requisite; so that now Congress, President
and Chlef Justice are in complete muddle on
the subject. each seeming inclined 70 throw ali
responsibility for the delay on one ~ both OF
the others.
The upshot of all this is, that the prisoner is
not tried nor likely to be; and that, II tried, he
is morally certain not to be convicted: if con
VCtpO mt hp Thpro n -;
persons who would ike to have him executed:
but there IS not one intelligent man on earth
who has the iaintest notion that he ever will be-
For. though governments sometimes nfict
capital punishment on conspicuous rebels they
never. AT least III modern lmcs, do 50 long after
tnelr rebellion was suppressed. Austria, in
is4g, out to death thirteen of the Hungarian
leaders betrayed into her hands by the mise; cant
Goreey; but she tried them by drumhead court.
martial directly after their surrender, and had
them all hanged and buried within tOrty-eight
hours. Had she waited eighteen months, and
then executed them, she would have invoked the
eXeCratlons Of all Chr stendom.
since 1t IS notorious that Davis IS not to be
punished, why is ne stlll kept awaiting Il tIaI
Whlch ne alone seems to desire, and which he
can by no means obtain What good end is
suDserved Oy pefsisting IN n menace winch still
serves to irrfate though il no longer appals?
CONGRESS, at Its last session. idently telt that
1t had the President at disadvantage with regard
10 thus prIsoner-that he was Gu elephant winch
MI Johnson had too eagerly acquired, and was
now unable either to keep or dispose of save to
ms own loss. In the state of feeling then preva-
lent. this aspect OF the casa was re garCed by
many with evident compldcency. Had the Pre-
sldent been man OF high courage, we think he
would have bailed the prisoner and called on
Congress to demand if that were deemed adyl-
sable, that be should be surrendered and tried.
and to prescribe the legal conditions of such
trlal, since the laws as they stand seem made
Quate or defective.
But he should first, at all events have publcIy
the CHARGE of pOmnIttifv Yvi tha
sassins OF President Lincoln since he has yir. !
tualy abandoned It by not attempting 60 found
an indlclment thereon. 1t IS neither just nor
wise TO send forth prisoner of state with the
brand OF murder on hls brow: and naked |
failure TO prosecute is bat equivalent 1to the |
Scotch verdict, mot proven" If Mr.. Davis is |
probably guilty of completely with Booth. he |
should long since have been indicted and tried |
Tor that CRIME; ii ne is not, he should have ere |
this been explicitly freed from the reproach, |
even though he were to be executed for treason !
on the morrow great Government may deal |
sternly with offenders, but not meanly; it cannot /
afford to seem unwilling to repair an obvious /
wrong.
A recent impertinence of Wendell Phillips |
seems tU require the statement that we have no |
knowledge OF Mr.. Davis views ON any of the |
grave questions now commanding public atten- |
lion. Having found no time recently for the l
enjoyment of Imaginative literature, we have
not even read his "PIison Lite' by DR.. Craven, |
and we never held any sort OF communication
with him. But We are exceedingly solicitous,
hrSt, that The Union shall not be discredited ia !
the eyes OF the civilized world by the treatment /
accorded by its Government to a prisoner of |
state; secondly, that the South shall be impalled
to treat its black people with that wise and |
fearless generosity which Is but another name |
for justice. ii We could tomorrow have impair
tial suffrage imposed and submitted TO. we |
should very greatly prefer that il be decreed bv
the South. as essential TO her own internal
prosperity, and rapid development.
And we feel confident that magnauimity |
towards Davis on the part OF those who hold |
impartial suffrage 10 be am essential element OF |
national reconstruction, will powerfully con
tribute to that juster appreciation of the North |
at the South which is the first step towards 1
benehcent and perfect reconciliation.