Evening star. [volume] (Washington, D.C.) 1854-1972, 1866-04-13
THE TRIAL OF JEFFERSON DAVE.

THE TRIAL OF JEFFERSON DAVIS
As the Chronicle of this city, in common with
other journals, seems disposed TO place the re-
sPonsibility of the delay in bringing the leader
in the late rebellion to speedy trial, on the
Executive branch of the Government, and no..
where 1t rightfully belongs, on the legislative;
We propose 10 state briefly a few facts in the
case, which prove conclusively that if GEN.
sure is applied in this connection, il should be
TO Congress and not the Presidept How stands
the recoTdl Last summer, as is well known
President johnson expressed the greatest
anxiety 10 bring the leaders of the re-
beIlion to trial, in justice to the country. the
accused, and TO himself as Chief Magistrate
and not only consulted his constitutional ad-
Visers, and the proper law officers of the Gov
eminent on the subject, but invited to his
counsel some of the most eminent lawyers in
The land, among them Chief Justice Chase,
who came here from Ohio some time In
August last, 1T the special invitation of the
President, TO consult on the general subject of
trials for treason. Subsequently, Presi-
dent johnson addressed 4 letter 10 Chief
Justice Chase, informing him that t might be-
come necessary TO prosecute some high crimes
and misdemeanors committed against the
United States within the District of Virginia
(Chief Justice Chase's Court,) and iHquiring
whether the Circuit Court of the United States
for that District was so far organized and in
condition to exercise its functions that the
Chief Justice or either of the Associate Jns-
tees of me Supreme Cont could hold term
of the Circuit Court there during the autumA
or early winter for the trial of causes. About
the middle of October Chief Justice Chase re-
plIed to the Presidents letter. He positively
stated that his Circuit Court for the District of
Virginia, either to be presided over by him.
self or one of his associates, would not hold a
term during the autumn or early WINTER"
adding that, were the facts otherwise he ss
much doubted the propriety OF holding Circuit
Courts of the United States in States which
nave been declared by the Executive and
Legislative Departments of the National Gov
eminent to be in rebellion, and therefore sub
lect to martial law, before the complete res
toration of their broken relations with the
nation and the supercedure of the military by
the civil administration; that he would be I'M
willing TO hold such 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. Upon
the assembling of Congress, in December fol-
lowing, the President communicated his an
nuai message TO the two Houses, and in refer
ence to this matter. and the holding of Circuit
tricts where their authority has been inter
rupted. uses the following clear and foreibie
language.
$40 your deliberations the restoration of this
oranch OF the civil authority of the United
states is therefore necessarily referred with
the hope that early provision will be made for
the resumption of all its functions II is mani
TEST that treason, most fiagrant in its Character
mas been committed. Persons who are charged
with its commission should have fair and i'm.
aix
the country, in order that the Constitution and
laws may be fully yindcated, the truth clearly
established and afnrmed that treason is n crime
ihat traitors should be punished, and the Of
fence made infamous; and, at the same time
tnat the question may be judicially settled
nnaiIy ana forever. that no State of its own
will has the right to repounce its n,ace in RI
Union" "
On the 2lst of December, 1865, the Senate of
the United States called upon the President
for information on the subject of the trial of
Jen. DAVIS. In reply, he transmitted reports
from the Secretary of War and the Attorney
General, and at the same time invited the ar
tention of the Senate to that portion of his an
nual message which refers to Congress the
question connected with the holding of circui,
courts OF the United States within the districts
where their authority has been interrupted
The resolution OF the House of Representatives
OF January 10, 1860, was the next step, and
elected the same reply: and on the 10th of the
same month the Senate called upon the Presi
dent for the correspondence between himself
and Chief Justice Chase, above referred To.
which was promptly furnished
Three months have elapsed since this LAST
action, during which time there has been q
continuous agitation kept up, by one party
clamorous for the blood OF the arch traitor.
and another anxious for his release The rad
zeal majority In Congress, with the matter in
their own hands, and the power 20 meet the
case oy proper legislative enactments, have
for some reason known 10 themselves allowed
this agitation 10 be kept mp day after day, until
Monday last, when Mr.. Boutwell,, of Massa-
offered Il preamble and resolutions
subject of the trial of the State prisoners who
have so long been awaiting trial, which were |
referred to the Committee on the Judiciary.
The Chronicle, OF this morning, with iIl-dis- |
guised malignIty, says:
"Under the precedeRts and practices of the |
honse the powers here conferred upon the |
TO cali before them all persons, high and low.
and TO extract information SO carefully and |
suspiciously kept from public View
In reference to this we have 70 saw that
evidence which may very properly be laid |
before an authorized committee, il might be
very inJudicious TO publish. Such publications |
have ere now defeated the ends of Justice, and |
might In this case lead to results not opIv
incompatible with the public interest, bnt very |
unacceptable even to the unfair and partia, |
writer we have quoted