New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-11-09
JEFFERSON DdVIS.

Eighteen months have nearly elapsed since JefIer-
son Davis was made a state prisoner He had pre-.
yiousy been publicly charged, by the President Of the
United States, with conspirng to assassnate Presi-
dent Lincoln and 100000 offered for bis capture
thereupon. The capture was promptly made and the
money duly paid; 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 completely
in the virtual murder Of Union soldiers, while prs-
oners Of war, by subecting them to needless inhuman
exposure prvatiOn and abuse; but no official attempt
has been made to indct him on that charge. He has
been indicted for simple treason; and even this
indictment has not been obtained at the instance Of
the Government. 1t may be so badly drawn that no
conviction could be had it. whatever the proof ad-
vanced; yet the Executive could say, II am not re.
sponsble for this. The indictment was obtained
without the assent pryity Of my Attorney General
OF Cabinet"
Repeated attempts have been made by the prison
ers counsel to bring his TO trials but 10 no pur-
pose. The Government does not appear 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 cayil as to the
when that will no longer serve it is found that Con-
gress has somehow disaTanged the judicial districts
so that the case cannot safely be proceeded with.
And Congress ITSELF having most inconsderaely med
died with the matter, never took pains to inquire
what action on its part any, requisite: that
now Congress- President and Chief Justice, are in
complete middle on the subject; each seeming in
clned to throw all responsibility for the delay one
or both Of the Others
The upshot Of all this is. that the prisoner is not
tried nor likely to be; and that if tried, lie is morally
certain not to be convicted; if convicted not to be
punished There are still many persons who would
like to have him executed; but there is not one intel
gent man on earth who has the antest notion that he
ever will be. For though governments sometimes
inAct capital punishment on conspicuous Rebels,
they never at least in modern times do SO long after
their rebellion suppressed. Austria, in lsi9, put
to death thirteen of the Hungarian leaders betrayed
into her hands BY the mscreant G0rgey but she tried
them BY drumhead conrt.martia directly after their
surrender and had them all hanged and buried within
forty-eght hours. Had she waited eighteen months,
and then executed them she would have invoked the
excavations of all Christendom.
Since it is notorious that Davis is not to be pun
ished why is he still kept awaiting trial which he
alone seems TO desire, and which he can by no means
obtanl What good end is subserved by perssting in
menace which still serves TO rritate though it no
longer sppalls
Congress at its last session, evidently felt that il
had the President at disadvantage with regard TO this
prisoner-that be was an elephant which Mr. johnson
had too eagerly acquired, and was now unable either
to keep or dispose of save to his own loss. In the
state of feeling then prevalent this aspect Of the case
was regarded by many with evident complacency
Had the President been man Of high courage, We
think he would have bsiled the prisoner and
called on Congress to demand, if that were
deemed advisable that be should be surendert
and tried, and to prescribe the legal con.