Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1866-10-11
TRIAL o. JEFFERsoN DAVIS.

The Radicals who are clamoring not merely
for the trial Of Mr. Davis, but for hanging him
outright, are busy in their efforts to throw the
blame of delay upon the President They will
fullyaud wickedly ignorethe fact that the Presl-
dentin bis first Message to Congress, last Deem
Der. called attention tothe necessity Of some ac-
ton in reference to the trial Of persons charged
with treason.
In September, 1865, in reply to a call from
che Senate for information on the subject, the
President submitted report from the Secretary
of War. giving the reasons why Jefferson DAVIS
was held in confinement, and not tried, to-wit ;
that the proper place Of trial is the State OF
Virginia. within the judicial circuit assigned to
the Chief Justice Of the Supreme Court, who
has held no Court there since the apprehension
of Davis. and trLo declines for an indefinite
period 70 hold any Court deyei 1t is given,
as an excuse, by the friends of Judge Chase,
that he has been in doubt whether martial law
had been withdrawn in Virginia. This he
might have easily ascortained byinquiry Of the
President.
The late Attorney General Speed, President
Of the Negro Convention in Philadelphia, gave
an opinion to show that although originally
captured by the military, jefferson Davis and
other parties alluded to are, after cessation
Of hostlities, subject 10 trial only By tke eirii
courts.
Underwood packed Jury at Norfolk to in
dict Davis, made a show Of trying him at Rich
mond in June, and adjourned his Court to OctO-
Der. Now the Chief Justice and Underwood
find that the term was illegally held, and that
the term ordered is consequently Illegal. No
trial will therefore take place this month.
1t is evident that the Chief Justice, himself
a uullifer in 1859, who threatened that the
sovereignty of Ohio should be maintained
against the United States, is not inclined to sit
upon the Davis trial. 1t is now understood
that he desires to be thrown into a different
circuit, and the Radical Congress will no doubt
crafty him. lie asks to 4" let the cup pass
A significant fact here deserves notice
In April last, on motion Of Mr.. Boutwell,, the
Judiciary Committee If the House Investigated
the subject, and among other things reported
that il was thought " wise to see and examine
some of the persons whose afidavits had been
taken by Judge Holt. Sereral Of The lCihesses
chen brought before the committee retraeted en-
tiYely the statements which they had made in
their afiidavits, and declared that their testimO-
ny as given originally lCas false IN erery par
ticulGr Z" And it is admitted that the retrac-
ton depriyes them of all claim to credit. Yet
tits upon such false testimony that Davis is
held, and upon such fimsy excuses as given
above that Chase defers the trial.
After exposing the subterfuges of the party
leaders by extracts from the record, the National
intelligence thus sums up the case:
Immediately upon the adjournment of Con-
greSS, Radical Disunion journals and speakers,
including many of this same Radical majority
in Congress, began, and have ever since cOntin-
ued TO abuse the President for not terminating
the delay in bringing Mr.. Davis to trial. The
record shows. beyond equivocation, that the
delay is attributable exclusively to Congress
and the courts, aud that the President has done
all that lies in the power of the Executive in
the premises The prisoner is, and has been,
at all times, subject to the order Of the court in
which he is indicted and the outcry raised
against the Executive is only one of the disrep-
utable articles to which the leaders of the Rad
zeal Disunion faction has reSorted to attribute
to President johnson offences Of which only
they themselves are guilty"