The Ebensburg Alleghanian. [volume] (Ebensburg, Pa.) 1865-1871, 1866-09-06
The Punishment of Traitors.

The Punishment Of Traitors.
The Huntingdon Globe, not content
with hauling down the name of Gen. Jno
". Geary, and with showing a general
recreancy to the principles of the Repub-
licap Union party, gives utterance, either
through becoming ignorance, or the basest
hoods that would do unsurpassable honor
to the father Of all lies. It is not FOR the
human mind TO conceive how any greater
amount Of misrepresentation could be
crowded into a space so diminutive. In
order that the Globe may not have occa-
sion to complain Of unfair treatment, we
publish its entire article, though We can
scarcely say we hope for like action on
its part. The Globes article is as fol-
lows:
"Those opposed to President Johnson ask,
why don't he punish the traitors We an
swer, for the simple reason that he has not
got the power. According TO the ConstitU-
ton, Congress has power TO punish treason in
individuals, and when it met, President John
son had nothing to do with the punishment
OF EFF. Davis or any other leading criminal.
Congress adjourned without even sanction
ing the trial of JEFF. Davis. Now what was
their reason for so doing, if they had no sym
pathy for traitors. But President johnson
has to take the blame This is unjust. Let
Congress take the blame for not making
treason odious."
There are just FIVE assertions made by
the Globe, and just five glariug blunders,
if not intentional Misrepresentation.
The President has the power to order
the trial, and, if convicted, to execute
punishment upon criminals, whether
traitors or otherwise. He is the chief
executive officer of the nation. 1t is the
business of the Attorney General to indict,
or cause to be indicted, and bring to trial,
all offenders against the laws Of the Uni
ted States, and he so acts under the
immediate control Of the Government.
Congress has power, in the very words
Of the Constitution, "to declare the pun
iShment Of treason" but no power to bring
Jefferson Davis, or any other criminal, to
trial, except in eases of mpeachment-
We respectfully challenge the Globe to
produce its authority for saying it has
Congress did not adjourn without sane
tiouing the trial of Jefferson Davis. So
far is the truth TO the contrary, thar the
House of Representatives on the 18th Of
July resolved, CAS- the opinion of the
House oS Representatives, that said Davis
should be held in custody as prisoner,
and subjected to trial occording to tie 1qus
Of the land" 1t was perfectly gratuitous
to declare this opinion, for the power Of
Congress is Legislative and not czecu-
tive.
As for Jefferson Davis, be "is held IN
custody by the United States Government
as state prisoner, under an order OF the
President, signed by the Secretary Of
War" At least so said the Government 5
attorney before Judge Underwood in
Richmond. By only one authority can
Jefferson Davis be lawfully released, and
that is the authority vested in Andrew
johnson. Jefferson can be banded over
70 the custody Of any of the proper courts
whenever the President sees lit 70 30 so.
But neither at present, nor for cue moment
since his arrest, has Jefferson Davis been
within the control CT any United States
court or other court whatever.
Judge Underwood, Of the District Court
of Virginia, when applied to for the
release of Davis on bail, expressly ruled
that ''he is not, and never has been, in the
custody Of the Marshal for the District Of
Virginia, and he is not therefore within
the power of the court" he is in the
power of Andrew johnson only, aud
Andrew johnson only is guilty OF not
bringing him to trial
If the Globe has not been aware Of
these facts, it is now. If however, it
doubts our array of them, brief exami-
nation ought to convince it. If it desires
to deal fairly, i. will acknowledge the
Injustice of its article toward Congress /;
if it desires to perpetuate slander, 1t can
do so by defending its false assertions.