Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-11-22
From the New York Herald.
Why not Discharge jefferson Davis:

The shabby and scandalous treatment
this prisoner of State, proceeds from th
same motives as the unconstitutional e1
clusion of the Southern States from Con
gress. The gross illegality of detainin
him in custody nineteen months withou
putting him on trial or confronting hir
with the witnesses expected to testify to hi
guilt, is an exhibition of the same ranco1
GUS and unmanly spirit which dictates tn
has prevailed since the meeting of Congress
last December
Chief-Justice Chase and his sycophant
Judge Underwood, shrink from trying Mr.
Davis lest his acguittal should expose then
to the Obloquy of the Radicals who thirs
for his blood, and lest Chief-Justice Chase!
chances of the Radical nomination should
be diminished. The President has hesita
ted to release him on parole or bail, be
cause the Radicals would raise a great out
cry, and add to the otherwise formidable
| obstacles to the success of his restoration
policy. Congress, although the subject has
been before their most important commit
tee, would not lift finger to promote JUS
tice, because they We're willing to embar
rass the President, and wished to spite the
South.
There is good reason to suppose that
oL1C1C 4I1o UCSI SGll(l1Cu COl1uS1On pGUWoG0
the Radicals in Congress and the Chief
Justice to postpone and prevent trial, and
put the odium on the President. Chief
Justice Chase fought off the trial. as lone.
as he could by saying that he would not
compromise the dignity of the judiciary by
holding court under the shadow of mar
tial law. When that excuse became obso-
lete he invented others. He authorized
Judge Underwood in May or June I'VE for
get the month"; topromise Mr.. Davis's coun-
sci that the trial should come on in Octo-
Der but it afterwards appeared that this
was like adjourning the case to the Greek
Kalends, or to the thirtieth day of Febru-
ary. When October arrived and Mr.. Da-
vis's counsel appeared, according to ap-
pointment, in Richmond, behold, there
was no court the judges who had appoint
ed it having discovered, all of sudden,
that they had no authority to hold one at
that time! Most learned judges Most
sapient expounders of the law If they
had no authority to hold q court at Rich
mond in October, why did they appoint
one, and make that reason for postponing
the trial q?
Meanwhile, the Chief-Justice has discov-
cred another reason for skulking from his
duty. It seems that Congress, at it's last
session, reorganized the circuits, but, by
some unaccountable blunder or oversight,
failed to assign judges. Therefore Judge
Chase says he cannot try Mr.. Davis until
Congress has revised it's clumsy law and rec
tilted its blunders. This brings us to the
grounds OF our surmise of collusion between
Congress and Mr.. Chase It is incredible
that the Judiciary Committee should have
Drawn a bill recognizing the circuits with
out submitting it to the Chief Justice for
MS criticism and suggestions. For aught
We know, he may have prepared the draft of
jhe law himself. Considering the constant
he has shown to try Mr. Davis,
It would be quite in keeping with his wish
IS that the law should be in such form as
others he could invent had failed. Be this
is it may, he has as persistently fought off
'he trial as if he were the criminal and Mr..
Davis the Judge.
The action of Chief Justice Chase and
Judge Underwood, discreditable as it is, is
outdone by that of Secretary Stanton and
Iudge-AdvOrate Holt. If the one is scan
lalous, the other is atrocious. It was by
jhe representations of Messrs Stanton and
Holt that President Johnson (who had then
come into Office, and had no time
% look closely into the matter) was deceived
INTO offering a reward for Mr.. Davis as one
IF the assassins of President Lincoln. -
There was, to be sure, evidence to this eff
.ect but it consisted of a deliberate tissue
IF perjuries fabricated with the connivance
IF Mr. Holt Conover alias Dunham, their
author, has been, within the last
5wo OF three days, indicted in the District
of Columbia for his forged stories and false
Why was such evidence received
without scrutiny It was probably got up
10 be submitted to a military commission,
ike that which tried Mrs. Surratt, where |
t would probably have passed muster, by |
he cOmplaisance of the commission to its |
'ficial superiors Fortunately for Justice,
he President thought one such commission |
ufficient.
But why was this perjured testimony kept |
loosely concealed Why was it never sub
nitted to the inspection of anybody hay
ng an interest to detect and explode it? For
10 other reason in the world than because
stanton and Holt kneaU that it was false and
would not stand scrutiny. Their combined
meanness, and I'M ustice is wor-
by of their character, and of the deceitful,
iabolical spirit of the party with which
hey are in sympathy.
But shall this scandalous injustice con-
inue So long as there was any hope of q
rial, the President may have been reluc-
anI 10 interfere, especially as his enemies
7ould have caught at the pretext to heap
p new calumnies against his administra-
ion. Butsnow that the elections are over,
hese prudential reasons have lost their
0rce, and the Indictment of Conover calls
ublic attention anew to the disgraceful
rts which have been used to blacken Mr..
)avis.
The Constitution declares that every &C
used person shall have ga speedy and
ubic trial" Nineteen months have clap
I'd and this belied and maligned prisoner
as no trial, nor seems likely to have one.
Jnder these circumstances, the President
nould interpose in the interest OF abused
lstice and of illuminated reputation
Lr. Davis ought to be set at large either on
is parole to present himself for trial when
le court is ready to try him, or if there is
bjection to anything SO liberal as parole,
It him be released on sufficient bail. We
oppose nobody doubts that Mr.. Davis
ould keep his parole ; but if bail is pre-
erred, any amount can be Immediately
btained. In some way, let the govern
lent and the country be relieved from the
,andal of keeping this man, who has
cen accused as an assassin on periured
L