The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-12-13
Thad Stevens Says Mr.. Davis is not
Traitor.

Ihad Stevens Says Mr.. Davis is not |
Traitor.
A noteworthy speech was made b.
Trad. STEVENS in the House Of Repre-
sentatives on Tuesday. We have hereto
fore called attention to the fact that h,
alone among the Radical members Of Con
Rress has been consistent for the last fe
years. He maintained during the war hat
the seeded States were out of the Inion,
and still adheres to that opinion. In his
speech OF Tuesday he carried thisdoctrine
out to its logical consequence, and de-
ciared-as his remarks are reprted in the
Baltimore Sun--that che void rather see
every traitor in .he county escape than
"see one Of them hung W law passed
later his offence, and or the purpose of
changing him. Mr.. STEVENS denounced
"such legislation IS utterly unjustifsble
sand discreditabe. He did not believe
"Mr. DAVIS could be tried for treason, nor
"that he had been guilty of treason. His
"offence was that Of a belligerent, not of
ga traitor. He (Mr. STEvENs) had not OPP
"posed the efforts made to bring Mr.. DA
avis to trial, but he had not favored them.
"But he was utterly opposed to any legis-
"lation of the kind proposed, which would
make the mode, time, or place of trial
different from what they were when the
"offence was committed"
We do not wonder that his remarks were
"listened TO with profound attention." or
that the bill was laid over. We are, how
ever, surprised that Mr.. STEVENS did not
avail himself of the occasion to denounce
the bill introduced on Monday to render
valid the proceedings Of the illegal mill
tary commissions which, during the war,
disgraced the civilization of the age. But
we quote Mr.. STEVENS again. He said:
"I think the British Government suffered
more from its murder of Russell, although II
was done by means of court Condemnlng him,
than il would have done had he been suffered
10 escape. 1t was by Just such contrivances rs
this that that judicial murder was effected,
and by which the British Government suffered
more than il would have done by the escape OF
ba,rey. Tsitors. think our Government had
crime or the remedenw II hampers with the
as guilty partly of n poTTtfetter treat them
partly Of offences nsdid ia 81, than noSce, ana
tempt 10 pass laws because otherwise the ma.
lefactorS might escape
Mr.. STEVENS but echoes the judgment of
all christendom as to the judicial murder
of Lord RUSSELL. But he comedies too
much TO radicalism and TO those who are
already too willing to set up law higher
than any authorized by the Constitution
when he proposes to treat the offence OF
Mr.. Davis, or of any other southern man,
as one which is m0l,tm In sc. Indeed, the
very distinction which the law recognizes
between offences which are mala in Sc and
those which are merely nldla pr0hibto
would be totally ignored by any court
which should rule that our crime, if crime
We have been guilty of, is of the former de-
scription. We quote again:
1.-The Cons titution and our laws provide
very carefully that, especially in the case of
treason, the party charged with that crime
L must be tried 1T the place where the overt act
was committed, in a district previously ascer-
tanned by law, and by a jury from that BALI.
wick. Now, any law which processes TO
change that in any respect looks TO me SO much
like an attempt TO commit judicial murder
INdI 4 nave always Dbtu alTilU 10 attempt III.
am afraid that the traitors in the South, if
tried under our existing Constitution and
~ laws, will not one of them be convicted. i
! should never attempt TO try them for treason
S1>NQuld try them as belligerents under the
law OF nations and the laws OF war;
The Suns correspondent looks upon this
speech as hopeful indication. But he is
mistaken. The punishment of Mr.. DAVIS
is matter of small import. STEVENS well
knows that no advantage to his party would
result from it. His purpose is not to save
Mr.. DAVIS, but to perpetuate Radical as
cendancy. For if, as he contends, the
southern States have not been in the
Union for five years, and Mr.. DAVIS can
not be tried for treason, it follows, accord
ing to his logic, that those States are now
conquered territories, and may be dealt
with as such, and their inhabitants are to
be treated (he says) "not as criminals but
as captives.n Hear him further
81 know that a gentleman in this city has
made public statement MIR. Johnson's pro.
ciamatiOnl which he desired 70 have considered
equal 10 the DEGREES of James and Charles OF
England, overriding the law. But Il is OF no
more importance than so much waste paper.
The question of peace or war is yet TO be de-
cided by this party. L say there is no peace.
This nation is still in a belligerent condition,
and the conquered belligerents are within the
power of the conqueror, 10 be dealt with as
captiyes, not as criminals. Therefore, sir,
ran see no necessity for a measure OF this sort
But il there WAS q necessity, 1 should GER
taiuly object TO any alteration OF the law as IL
now exists in regard 10 treason, which would
enable the Government 10 convict, where 1T Is
confessed that q conviction could not be OBJ
tanned under the law as IL stood at the time OF
the commission of the offence. l should be
very glad 10 see condign punishment inflicted
upon many of these men, but not capltai pun.
ishment j never realized the sufclency OF
the atonempnt made by the execution OF the
miserable WirZ, Dutchman, believe, with
n hump back, who was oheying the orders OF
his superiors and who in ordinary times, when
men were tried according 10 law, never would
have been con victed, because his Government
was auswerable, not he. do not believe that
the starvation of thousands OF Union prisoners
is 10 be atoned for by the execution OF one OF
the keepers"
So that there is method in this madness
of Mr.. STEvENs's. He would not treat us
as traitors, but as captives may be treated
under the law of nations, and would dis
pose of our territory as the Romans used
TO dispose of that which they acquired by
arms.