The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1866-04-25
From Washington.
Special Dispatch to The CineinDasi Enquirer.
WAsHISeToS, April q.


Stanbery as Judge Of the Supreme COuri
does not appear TO be so easily determined
His legal attsinments and eminent fines;
for the position in a political point Of view
all concede, and none object 10 him, even
| on political gro1nds, except the Radicals
! who, having the strength numerically in
the Senate, eau, Of course, refuse 10 con-
firm the nomination on this subject.
The radical Senators are generally reluc-
tant, but il has leaked out, however, that
the oppose Mr.. stanbery, because he is, as
they allege, the suggester or author Of the
| legal point in the message vetOing the Civil
Rights bill This, from the radical stand
point, is an objectionable ohense. That
the esident did consult Mr.. Stanbery up
on the subject is notorious here, and no!
denied by any one who knows anything OF
the facts, and ! have very good authority
for saying that Mr.. Stanbery did approve
the legal points of the veto, il indeed, he
| did not furnish them entire, and we regard
this as adding weight and strength to the
Presidents Message, but this very fact will
| probably defeat the confirmation Of Mr..
Stanbe-y as Judge, not directly, however,
| but Indirectly, by determining the Senate
! to pass the House bill TO reorganize the Su-
preme Court with but eight associate jus
tees; thus, of course, retaining the present
members, but cutting off the Presidents ap-
! pointee.
AS have before suggested, the bill above
referred TO was originated by the radicals
! OF the House, for the purpose of preventing
| Mr.. johnson from selecting a member Of
| the court from the Southern States, and the
Senate will, without doubt, pass the bill
which is now pending in that body.
The New York Tribune has stated that
| Senator Wilson denies having recommend
ed the release of Mr.. Clay. l have it di-
| rectly from Mr.. Wilson that he never said
anything that could be construed into such
| an ayerment.
On the contrary he sought Mrs. Clay and
protiered the letter, which is now on file
with the President, recommending the re-
lease Of Mr. Clay, and, it may be added,
that Mr.. Wilson is in favor OF releasing all
political offenders from custody, even JET.
Davis, unless he is really guilty of COM
plicity in the murder of Mr.. Lincoln, which,
by the way, but few here believe. Judge
Holt gives out that the documentary proof
of Davis guilt in the assassination plot is
conclusive but it will be recOlleeted that
he made some announcement, at the COM
mencement of the trial Of the assassins, but
failed to sustain his theory of the case,
although the widest latitude permitted in
that speculative trial, more than half of
which was spent in trying Davis and others
who were not present nor represented by
counsel
Attorney General Speed is giving much
attention TO the preparation Of the trial Of
Mr.. Davis, upon the charge of treason. He
was in consultation this afternoon on that
subject with Judge Underwood and Mr..
Chandler, representing the United S ates
District Judge and District Attorney for the
District Of Virginia. 1t is understood that
V1rTrr 70 hgiv, a.. - 80
the next term of the District Court of Vir-
ginia, which commences on the 18th day of
next month. Mr.. Speed, it will be recol-
lected, published an elaborate opinion last
summer on the jurisdiction to try Davis,
holding that substantially he could not be
tried any where but in Virginia
In this view Mr.. Speed stands alone so
far as is known here, and his argument has
been completely riddled by Senator Harris
and others, who argue that Davis can be
tried in any State where the Confederate
army was present, and fighting took place.
Nevertheless, Mr.. Speed adhefes to his first
expressed opln on, and is preparing TO try
Mr.. Davis in Virginia, probably upon the
ind ctment found few months ago by the
United States Grand Jury at Norfolk, though
a new Indictment may yet be preferred IN
der TIE direction of Mr.. Speed and Mr..
Chandler. The action of these gentlemen
is taken without reference to the inVestiCa-
ton now prosecuted by the House Judiciary
Committee under the auspices of Judge
Holt.
The Habeas Corpus Bill passed yesterday
in the Senate. 1t contained but two mate
rial amendments of the bill as it came from
the House. One of these amendments
takes away in part one objection urged
against the bill, but nevertheless leaves the
measure obnoxious, and with several insult
ferable objections. The House Will, beyond
a doubt, adopt the amendments, and the
bill will be sent to the President as it passed
the Senate yesterday, and then look ont for
anotherveo, for the President, to be con-
sistsnt with himself, must return the bill
with his objections thereto. i infringes on
the reserved rights of the States, and at
tempts to loyallze the contradiction Of pow
err in the Federal Government
Colonel Cooper, member of Congress elect
fr,m Tennessee, is now actingas the Presi-
dents Private Secretary, and thus occupy
ing his time and more, until the House gets
into an amiable mood, and consents to let
the Tennessee delegation take their seats.
General Grant and family left hero to-
day for Richmond, there TO spend a few
days with aTelative Of his family.
General Robert E. Lee is expected Lere
Oh Monday next, on official business.
Clement C. Clay is in Richmond this
evening, so says a private dispatch re-
eeiyed tonight.
Chief-justice Chase will preside should
Davis be tried in Virginia. Tue objections
heretofore urged by Mr.. Chase to holding
the United States Court in Virginia, as ex
pressed by him in q letter "a Mr.. johnson
last October, have now been removed. The
Chief justice then objected to holding a
Federal Court where military law was su-
preme, and where the bsyonet was held
over the head Of the court TO enforce judg-
ment in accord with Stanton idiosyncra-
cies.
As the President intarprets his peace pro-
clamation, the military is now subordinate
to the civil law in Virginia, and Judge
Chase can hold court in that State without
doing violence to his not ons of prOpriety
and the dignity Of a Federal court. Il is
well here to say-and give it upon high
authority-that in all that the President
has done with reference to the capture, i'm
pris 'nment, and prospective trial Of Davis,
be has been governed wholly by the advice
OF Attorney general Speed and Secretary
Stanton.
Mr.. johnson does not claim to be 8 pro
found lawyer, and very properly submits
all difficulties and obtuse legal questions 10
his Constitutional legal advisers, and
whether he has acted right or wrong in re-
gard 10 The disposition of Mr.. Davis, 1t
should be borne in mind that he generally
has been governed by the advice Of Speed
and Stanton.