The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1866-10-09
THE CASE OF MR.. DAVIS.
The 1eodl obstacle TO a trial.

The Philadelphia Ledger publishes the fol-
lowing clear and interesting letter from Rich
mond, Va:
-"The facts connected with Jefferson Davis
case-and have them from an authoritative
source-are these The Circuit Court of the
United States for the Fourth Circuit originally
sat at Richmond To 1864, Richmond being
the seat of the rebel Government, and Norfolk
being held by the Union forces, Congress passed
a law removing the Court to the latter place.
The words Of the law that the Court 'shall
be held at Norfolk on the FIRST Mondays of May
and November"-the place aud time were des-
ignated-"and no other" John G.. Underwood
was appointed "District Judge" and as such,
10 the absence of Justice of the United States
Supreme Court, held the Circuit Court at Nor
folk in May, 1866 The Grand Jury of this
Court found true bill for high treason against
Jefferson Davis and on May 5th Judge Under
wood, without authority of law, adjourned his
Court to Richmond, where it met on June 9th.
The reason the Judge gave for this procedure
was that he supposed an act of Congress had
passed authorizing the change.
Such an act did pass, but not until May ed,
seventeen days after the Judge ordered the ad-
journment This act directs the adjournment
as future thing to be made from Norfolk In
certain way, and the papers to be transferred
The course directed has never yet been pursued,
nor have the records been removed Had JET
ferson Davis case been tried last June, it would
not have been properly before the Court, and
conviction could not have been sustained
We're it to be tried now at Richmond, the effect
would be the same. All this was known 10
June last to Judge Underwood, yet, in his re-
marks to the counsel, Messrs. Reed and Brady,
at that time, he said:
"The Chief Justice, who is expected to pre-
side on this trial. has named the FIRST Tuesday
in October as the time that will be most conve-
Dient to him. When this Court adjourns 1t
will adjourn, not until the next term, which is
in November, but until the first Tuesday In Oc-
tober next"
The time appointed has come and the prison
er's counsel are here, and say that they are
ready to begin the trial; but the fact is aseer-
tanned that the entire judicial procedure is wrong
and void FROM the beginning. Judge Under
wood will probably have to treat all that was
done by him in June last as nullity, and go
to. Norfolk and begin anew, whilst 10 the mean
time, the trial which the public SO generally
demand Is indefinitely postponed. Other diff
cultes hang around the case, but this is the
main one"
The New York Tribune of Monday snarls
CANT fashion:
There is conglomeration OF shuttle, sham,
shirk and sneak in the treatment OF this pris-
oner which is calculated to nauseate the civil
lied world, and for which soDaebody will yet be
held to stern responsibility. Every manly in-
stinct demands that Davis should be promptly
tried; if he is not to be tried, or is only to be
subjected to a costly and mischievous sham trial,
with no expectation or desire of conylctlng him,
he should be liberated at once. And, if he is
to be tried only for treason, then the charge of
assassination should be retracted publicly
it was made. Aud it is the duty of the Execu-
tive, through his Attorney General, to act
promptly and frankly in the premises, SO as to
relieve the Government from the imputation of
illuminating an enemy and holding for eighteen
months prisoner whom it dare not put on trial
The American people are being disgraced by
the acts of their rulers, and they must insist on
a speedy change.