Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-10-04
The Trial of Ex-President Davis


delayed, and made the subject of judicial
liest by high officials, has become aremoacl
Ito the Government Journals, the most
radical in their hatred to the South and the
eminent prisoner, who languishes in unlaw-
full confinement. begin to grow uneasy and
restless in reference to the course being
lpursued in regard to the trial OF ex-Presi-
dent Davis. It has become a mere shuttle
icock to be knocked about at random by the
hatred of Congress, the political aspirations
lof Chief-Justice Chase and the malignant
and reckless ignorance of Judge Under
wood.
In his message to Congress, i'll December
last, the President represented it as most
desirable that the trial should take place,
but stated that the Chief-Justice was unwil-
ling to hold Court for that purpose in
Virginia, in which State only trial could
be had, as long as the military law was SUI
perior to the civil. So long as we believed
this officer to be influenced by honest mo-
tives, we gave him credit for u position we
thought commendable in bold and in
corruptible Judge. The President, how
ever, in April last, issued his proclamation
which removed this objection, but still the
Chief-Justice did not try the case. True
the Court was held by Judge Underwood
and the case called, when the eminent
counsel who represented the prisoner, de-
clared themselves ready, but without a
single reason being given, and with an I'M
seemly jest, the trial was postponed until the
next term, which was to be held on the first
Tuesday i'll October, at Richmond.
It now appears that the Chief-J Justice
again desires to shirk responsibility i'll the
matter of this trial, this time upon mere
technicality He now thinks that it is not
explicitly understood that martial law is
abrogated in Virginia, and has advised the
President to issue another proclamation
making it clear that civil law is supreme in
that State. He himself interprets the late
lpeace proclamation as the President does,
that it abrogates martial law, but on account
of the neutrality-suspicious. put upon the pro
clamation by various military commanders,
ne u6Clln0S 10 IIIS case ttHotIlel
and more explicit proclamation is issued.
We more than suspect the truth to be
that the Chief-Justice shrinks from the OF
deal of the trial inasmuch rs his secession
record isworse than that of ex-Presideut Da-
Wis, and not only as Il politician and lawyer,
but as Governor of Ohio in 1859, he is com
mitted to the most ultra States rights doc
trines, having at that time repeated
ly threatened, if necessary, 10 resist tie Fcci-
erM Government by force, i'll the difficulties
then pending between the Federal and
Estate Courts in relation to the celebrated
Oberlin fugitive slave rescue cases. The
delicate sensibilities of the Chief-J Justice
Regarding the sacredness of the judicial
ermine, and in view of the exposures to be
made by the talented counsel of the prison
er, can we'll be Appreciated.
| We now learn from the NtNtont1s heteNi-
gencey, that Judge Underwood and the
Chief-Justice have come to the conclusion,
that because of the legislation of the last
Congress, the adjourned Court cannot be
held, consequently the case of Mr.. Davis,
with all others, must be postponed to
future day." The Chief-Justice and his
District Judge do not inform lis what the
legislation is that renders necessary this
| farther delay. In the meantime. the
prisoner languishes III steadily declin-
ing health, and his family is rapidly COM
ing to want while the honor of great
country is being sacrificed at the hands of
its highest judicial officers to protect per-
sonal reputation, advance personal aspira-
tions, and appease political animosities.
| It seems never to have been definitely
settled whether Mr. Davis is in military or
civil custody-whether he is to be tried for
completely in the assassination of President
Lincoln, or for treason against the United
States. We can hardly believe that Presi-
dent johnson regards him as being held
under military authority, for he would long
since have released him OH parole OF order
ed his trial before q military tribunal nor
do we think. after the Con0ver exposures,
there is any danger of the assassination
charges being pressed. For the sake of the
reputation of the high officials involved,
and of the Government itself, We hope this
chapter, which records one of the most cold
bloodedand high-handed transactions which
has ever disgraced the archives of coun-
Try, shall not be indelibly stamped upon
the history of the times by the solemnity
and sacredness of a trial.
If, on the other hand, he is to be tried be-
fore the proper civiltribunal for treason, he
should be handed over to the civil authori-
ties to answer the complaint that will be
brought against him. There can possibly
be no legal orhonest d ifficulty in the w$y Of
prompt action, and heis entitled TO speedy
trial, and his continued imprisonment is
scandal to the country.
The Charleston Courier learns from |
private letter received from the estimable |
wife of the distinguished prisoner, that
Mr.. Davis health continues to decline, and
that the pecuniary circumstances of his