Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-05-25
Mnipn and Amerifam
FRIDAY. MAY a5. 1866.
THE TRIAL OF MIR, DAVIS.
,rrospondsnce Cincinnati Commercial.l


WASHINGTON, May 20.-The trial Of Mr..
Davis, which it seems 10 be taken for gran
ted will occur before long in Richmond, is
the subject of general comment and specula-
ton in political circles. The Justice Of his
indictment is acknowledged by all, believe
even the Democrats do not dispute it,
though they would like it better if Sumner
and Stevens, and few Others of that school,
we're included with their friend Jefferson. II
is not certain as yet whether the trial will
he conducted under Chief Justice Chase or
whether Judge Underwood will preside on
the occasion. The former, it is well known,
has a record that unfit him for pronouneing
sentence upon prisoner whose crimes con-
sists solely in the practical carrying into
effect Of the doctrine of State Rights, and it
is difficult 10 see how he could resist such a
precedent as the Oberlin rescue case afforded
as plea in abatement. Judge Underwood,
though a clever gentleman, good farmer,
and one who was faithful among the faithless
when the war broke ont, is said to be but an
Indifferent lawyer, one who never dreamed
Of studying Blackstone until the Judicial
crmine was rendered him by Mr.. Lincoln;
and 10 try the arch-conspirator before him
would be an absurdity.
ecution Of Davis are being completed rapidly.
Charles O'Connor, Of New York, assisted,
probably. by james T. Brady and number
Of lesser lights. will conduct the defense
Mr. Akin, who was counsel for Mrs. Suratt,
has already commenced the collection Of
testimony bv direction of O'Connor. There
is some talk, also, Of Reyerdy johnson Ia
king hand in the matter, and he would
.I1 Ia pf ~
counseors but for his position as United
States Senator ltwould look little strange
10 say the least of it, TO see a man step out Of
the Senate Chamber to defend one charged
with Davis crime. The prosecution will
be conducted, nominally. by the Attorney
General, but really with much ADLER men,
men, for Speed is n match for OCOnnOr or
Brady. w. NJ. Evarts will probably do the
intellectual and legal broadsword part Of the
business ON behalf Of the Government, assis-
ted, perhaps by Ben. Butler AID Others.
People NAV talk Of Buffers record in the
Charleston Convention, and As 4 Democratic
politician. but the fact is Benjamin'5 con-
science j. iron-clad, and charges made up
from his record roll from him like water
from q ducks back.
The trial of Mr.. Davis being agreed upon,
with him if convicted While the blood
Of the nation was heated by the actual con
lest. week, a month, or even two months
after his apprehension, his execution on
sentence from a military tribunal would
have been attended with little OF doubt as to
it, wisdom, and little Of argument as TO its
eNpediency. Since that time, however
public opinion has undergone percaptiblG
L. f.. aNarV4 oil and
il is not unfair TO presume that punish
ment then universally demanded for Mr..
Davis would now be little more than barely
acquiesced in. The antecedents OF the
American people and Government are 10y
no means such as TO entirely Justify capital
punishment for political crime, No where
in the world have reVolutionists been received
50 Hospitality as upon the shores of the
United States. Whatever the objects Of the
rebellion-whether the freedom of people
capable of being free, Of which kossuth
was the representative, or the desire to ex-
change clay pipes for Havana cigars on the
part Of a few leaders, of which Stephens Is
the representative, the "head centre OF
revolution, or attempted revolution, have
all been welcomed with open arms, and no
questions asked, provided the grand idea OF
GlNFiNNitf
The wide spread Of American. sympathy
with the ostensible objects Of the Fenian
Brotherhood goes far TO. show that, uncon-
sciouslv, perhaps, the American people draw
n wide line between their estimate Of the
criminality of political treason and of all
other oficnses considered criminal in the eye
of the law. No man was ever more fla
prantlv guilty of treason 10 the United States
81 In "A
wisdom of manhood, voluntarily, eagerly
and boastfully he swore allegiance to the
Constitution and laws Of the United States,
received its hospitality and profted by its
generosity, and no man proved n greater
traitor to both nation and Constitution than
hc; vet his pardoning was unopposed, and
his present participation in the Fenian
movement, in the minds of many, palliates,
if not obliterates, his sins against this Gov
eminent The pardoning of Smith O'Brien,
and others Of 'lS notoriety, by Great Brit
ain: the international law (such it may be
called which protects the rebel refugee in
the three great nations of the world, and
converts the English traitor into the Amer
lean hero-a law continually enforced since
lSl5-has, wrongly or rightly, given strength
10 the popular lenient estimate of the crime
The awful reprisals of the French Revo-
luton have done much TO create an aversion,
in all civilized nations, 10 capital punish
ment after the defeat of an attempted revo-
luton. When, in lS4S, Lamartine, with
nervous haste. checked the re-erection of
the guillotine in Paris, all Governments and
all people praised the act and his speech on
the subject is now quoted as the greatest ef-
fort and most statesmanlike utterance of his
otherwise weak political life; and Napo-
leon the Third, like our late President Lin
coin, has evrr preferred a bridge to 4 scaflold
for fying rebel. LincOln's indirect advice
TO General Sherman shows plainly enough
his sympathy with the prevailing feeling on
this subject a feeling which has of late
been adopted rs a policy in Great Britain.
England did not hang the leading rebels Of
lSiS, as she would have hung them in 1898,
because she had seen that by hanging Rob
ert Emmet, she had transformed n rebel in
TO a martvred hero, the memory of whose
fate had done more 10 continue the spirit OF
disafSction in the minds Of the unthinking
peasantry than all her oppressive laws, OF
political or religious intolerance. The re-
uemhrance Lf Emmet saved OBrien. The
execution Of the perjured Charles Stuart
enabled Monk TO seat Charles the Second ON
the English throne, and re-establish con-
tinuous monarchy in England. The exeou-
ton Of the leading Poles has kept Poland a
source of continuous expense, in life and
treasure. Ia Russia aud Austria. Other in
stances need not be cited, 10 show what the
past has taught 10 present Govern
mcnts. and the living KossCth, Hugo, OBrl-
en- and Meagher are ample proof that the
lesson has been accepted. The execution OF
every rebel in modern times has, IN few
wears, verified and shown TO be prophetic
the words of Caesar, in reply te Ccero.s de
mand for the execution Of the Catalina conspi'
rators: III even the greatest criminals are toe
severely dealt with, the Nervousness of theu
otiense is lost in the severity of their pun
ishmcnt'
In this utiltarian age, when every ques
lion is decided hv the cu bono standard, n
NAV well bc asked what good will come OF
The execution Of Jefferson Davis. Ii may
be answered that treason will la punished
hut | can not sec upon what principle thi
side of the New Testament, the death OF ON,
man can be made to atone for the crime O
eight millions, every one of whom wer
.aualIy ruiltv with him. As well aScrib
tn one man in the North all the glory O
uniting down the rebellion, as heap one MAJ
in the South all the infamy Of organizing II
and carving il forward 20 its end. MI
Lincoln freely confessed that he but fol
lowed public sentiment in all he dad m TIA
North and Davis did no more in what h
did in the South. Suppose, then, DAVIS wer
- ,,,- h,AN feel hat