The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-02-05
The question Of Davls' rrial.
WAsHINaToN CTTY, Feb. =

WASHINGTON CITY, fep.;5-
In the Senate this afternoon, Senator
Howard made a forcible argument in
answer to Attorney-G General Speeds
opinion as to the trial OF JEFF. Davis.
The ground taken by the Attorneys Gem
eraI is in effect that Davis cannot be
tried for treason in any Stale or district
in which he was not actually presentin
person during the prosecution Of hos
tilities there; that is, that Davis, being
in Richmond, Va, and commander-in-
chief of the rebel army, execntingsIieh
supreme control over his subordinates,
and they lighting a battle IN Ohio, cam
not be put upon his trial in Ohio for the
treason OF fighting that battle. Such a
trial he holds to be forbidden by the
Constitution of the United States. Sem
ator Howard claims that The rebellion
was carried on by and under the direc-
tion OF one man, and that man was
Jefferson Davis, the supreme COM
mander, who had full power 70 enforce
his commando power given him by
the whole rebel Icommunity, as poIiti-
cal organized community, holding and
exerting for the time beinG-whether
rightfully or wrongfulIy is wholly. inn
material to the argument, and absolute
cogntzed by us or any foreign nation,
Davis was the CHIEF he was master
and director of an immense war, and
responsible for every drop ofblood shed
in it. His spirit, his intention and pur-
pose, his will was everywhere, and,
though his physical arm did not give
eVery blow, no blow was struck which
was not directed by his mind; no Union
soldier bled or languished who was not
the victim of his traitOrous malignan-
cy, and this, though he was at Rich
mond, Va, and his victim in Louisiana
or Ohio. Mr.. Howard further argued
that if the Attorney-General's view of
the constitution be correct, some very
singulqrnnd most inconvenient conse-
Querces must flow from 1t. Davis might
have been standing but utanarm's length
OF the northern limit of Virginia
while his army was in Ohio
fighting battle under his imme-
dfate eve and orders on the north
side of the line, and vet he could not be
tried for fighting this battle in Ohio, be-
cause he was not personally and corpo-
really present in Ohio. He might have
posted himself over the Canada line and
thence in person fitted out and directed
expeditions, as in fact he did by his
agents, and not be guilty of treason,
because he was not actually present
within the State or District where hos
tflities took place. Mr.. Howard pro
ceeded at length to show this view of
the law of treason is not sustained by
authorities; that the doctrine of actual
corporeal presence is absurd, ind that
it is impossible that any enlightened
court would hold that Davis was not
present according to the ancient and
well established principles of law. He
argues that legal presence ecomprehends,
in case of commander. all military
orders and acts of procuring, or, in other
words, causing acts of war to be COM
mitted by his soldiers or subordinates,
wherever given or done, and under
him, reliable in any judicial district in
his department, when these orders are
executed, or those acts result in levy
ing war for his presence, results direct
Iy from the military authority he holds
and exercises. The effect of Mr.. How
ards argument is that Davis can be
tried in any district where hostilities
took place, and hence he can be tried in
the District of Columbia, IN Penusylva-
mia or Ohio, as well asin Virginia. SEN
ator Howartl's Views, as above set forth,
are in accord with the opinions express
ed some time ago in this city by Sena-
tors and eminent lawyers, and which
opinions were embodiedin our dispatch
es from Washington shortly after the
capture of JEFF. Davis. l,a-.f,y;a