The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1866-11-20
JEFFERSON DAVIS.

From the New York Tribune, radical paper)
Eighteen months have nearly elapsed since
Jefferson Davis was made state prisoner. He
had previously been publicly charged, by the
President Of the United States, with conspiripg
to assassinate President Lincoln, and 100000
offered for his 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 COM
plicity in the virtual murder of Union soldiers,
while prisoners of war, by subjectiDg them to
needless, inhuman exposure, privatlon and abuse;
but no official attempt has been made to indict
him on that charge. He has been indicted for
simple treason; aud even this indictment has
not been obtained at the Instance of the Gov
eminent. 1t may be SO badly drawn that no
conviction could be had on it, whatever the
proof advanced; yet the Executive could say,
II am not responsible for this. The Indictment
was obtained without the assent or privisy of
my Attorney General or Cabinet" ..a
Repeated attempts have been made by the
prisoners counsel to bring his case to trial; but
pear 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 cavil as to the sufficiency or
com pleteness of it's withdrawal; and, when that
will no longer serve, it is found that Congress
has somehow disarranged the judicial districts,
so that the case cannon safely be proceeded with.
And Congress itself, having most inconsiderate-
ly meddled with the matter, never took pains to
inquire what action on its part, if any, was re-
quisite: so that now Congress, President and
Chief Justice are in complete middle on the
subject; each seeming inclined to throw all re-
sponsbility for the delay on each other.
The upshot of all this is that the prisoner Is
not tried, nor likely to be-; and that if tried, he
is morally certain not TO be convicted; it con-
victed, not to be punished. There are still
many persons who would like to have him ex-
ecuted; but there is not one intelligent man On
| earth who has the faintest notion that he ever
will be- For, though Governments sometimes
iufict capital punish ent on conspicuous rebels,
they never, at least ia modern times, do so long
after their rebellion was suppressed. Austria,
10 1859, put 10 death thirteen of the Hungarian
leaders betrayed into her hands by the miscreant
Gorgey; but she tried them by drum head
court. martial directly after their surrender, and
had them all hanged and buried within forty
eight hours. Had she waited eighteen months,
and then executed them, she would have in
voked the excavations of all Christendom.
Since it is notorious that Davis is not to be
punished why is he sill kept awaiting a trial
which he alone seems to desire, and which he
can by no means obtain? What good end is
subserved by persisting in a menace which still
| serves to irritate, though it no longer appalls?
Congress, at its last session, evidently felt
that it had the President at disadvantage with
| regard to this prisoner-that he was an elephant
which Mr. johnson had too easily 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 complaceney. Had the
President been man of high courage, we think
| he would have baed the prisoner and called on
| Congress to demand, if that were deemed advi-
| sable, that he should be surrendered and tried
and to prescribe the legal conditions of such
trial, since the laws as they stand seem made
quate or defective. But he should first, at all
events, have publicly retracted the charge of
completely with the assassins of President Lin
coin, since he has virtually abandoned it by not
attempting to found an indictment thereon. 1t
is neither just nor wise to send forth prisoner
of state with the brand of murder on his brow;
aod naked failure to prosecute is but equiya-
lent to the Scotch verdict "Not proven" IF
MIR Davis is even probably guilty of completely
with Booth, he should have, ere this, been ex-
plicitly freed from the reproach, even though
| he we're to be executed for treason on the NOR
row. A great government may deal sternly
with offenders, but not meanly; it cannot afford
to seem unwilling to repair an obvious wrong.