Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-05-19
iluiou aud Amrritan.
SATURDAY. MAY ~. 1856.
TRIAL OF MR.. DAVIS.
pr,m The Cincinnati Enquirer.

The Tunes, OF tins city, has ceased 10 take
any interest in the trial Of Mr.. Davis.
There has been 50 much hesitation and COM
plication attending this matter, and the case
has been 30 long delayed, that itself, as well
as the people, has become Indifferent TO the
trial. The latest telegraph news from Wash
ington as TO the bungling character Of the
Indictment against Mr.. Davis, and the
grumblng Of the Republicans thereat, will
only increase the indifference generally
felt concerning the trial. The Times re-
marks:
" But really, where can competent jury
be found 10 try Mr.. Davis? According TO
the universal practice in criminal cases, no
one should be impanneled on the jury who
has expressed an opinion as 10 the guilt or
innocence Of the accused. Who has not a
thousand times expressed an opinion as TO
Mr.. Davis, either for or against him Can
such a man be found in any State or terri
tory? We imagine not. The Union people
say that no rebel or COpperhead should be
on the Jury, because il would insure an ac-
auitta while the late rebels and the Cop
perheads say that if jury should be picked
that il, all Of them lifelong Union men
he shall not be hung, by the Eternal he shall
not.
at is a dilemma in any and every shape.
Indeed, We see not how jury can be had
without going among the Hottentots, or to
some distant islands or corners Of the earth
where they have not yet heard Of the late
rebellion"
The grand jury that found the Indictment
against Mr. Davis were picked for the pur-
pose-most of them having suffered IN per
son or property at the hands of the rebels
during the war. But that was jury not
open 10 challenge for cause or without
cause. Congress seeing the difficulty OF get
ting petty jury made up Of citizens who
had formed no opinion of the case, has
bill before il declaring that a previously
formed opinion Of the guilt or innocence of
the prisoner shall be no objection TO a juror.
Whether such bill will pass is uncertain.
The trouble in the case is Just what Burke
said in reference 10 indicting the rebel lead
srs of the American revolution of l776, viz
that il is impossible TO frame an indictment
against a whole people-for whole people
that participated in the rebellion are in
dicted when their leaders are indicted; and
imagine a jury Of that people bringing IN
verdict against Themselves!
The Chicago Tribune the leading Radical
Journal Of the Northwest, presents the fol-
lowing view of the subject
as all the the world a stage, and all the
men and women merely players that we
must needs have the great tragedy of seces-
sion, rebellion, and the war for the Union
close with the farce of Mr.. Jefferson Davis
before a Virginia jury
at would seem so. The telegraph in
forms us Of his Indictment, and that his trial
IN that mode will take place next month. |
Imagine a jury Of twelve men, whose sole
qualification for deciding the whole question
involved between the surviving Government
and the defunct rebellion is the fact that
they have formed no opinion whatever on
the question. whether the leader of the re-
bellion did or did not levy war" against
Ihe United Statesl Imagine a Government,
after subduing a rebellion by war, su6raittlng
Ac question Of as right 10 do 50 10 petty jury!
Imagine a court which would have no
jurisdiction in Virginia, if that State had
the right to secede in 1861, hearing an ar
gument on the question of the right of
State to secede; 1. C., on the question whether
itself is a court or not Imagine court be-
fore whom there is no question Of law, and a
Jury before whom there is no question OF
fact assembled TO decide what shall be done
with a man for having heen the chief OF
rebcllious ConledcraCyl Our desire that
Jefferson Davis should be sensibly and law
fully tried for the military crime oi rebel
lion, before a military tribunal, has been too
frequently expressed TO need repetition. We
suppose, however, We have only 10 wait and
sit through the farce
The Tribune wanted to make sure work.
II wanted him tried before a military tribu-
nal that was organized 10 convict. 1t wished
10 avoid the farce of the Government alter
subduing a rebellion by war, submitting
the question Of It's right 10 do so to petty J'uE
The Chicago Times DEM says:
at is not probable that this trial will lead
10 the halter. II any one rejoiccs at lts APP
proach in the hope that it will be followed
close by the aycnger OF blood, IT Is probable
that such a one mistakes The object Of the trial.
ic temper Of The President, and the wishes Of
the people What { want from this trial
is an ANALYSIS and a definition Of treason.
Wewish the crime defined and its penalty
designated. After this is done, we think
that Justice will be satisfied to allow the
precedent thus fashioned and sharpened to
hang like the sword of Damocles, suspended
thrcateningy over the heads of future Of
Tenders
But if Mr.. Chief Justice Chase presides at
the trial of Mr. Davis, he may decide, as
he formerly held that a whole people can
net commit treasOn-that the Contederates
and their President, Mr.. Davis, could not,
during the war, be considered citizens of the
United States but foreign enemies and were,
therefore legally incapable Of committing
treason. lie holds now that the Southern
States are not States in the Union, but con
uucred provinces, subject 10 the legislation
of Congress, and only to be admitted into
the Union 6y vote of Congress. If that Is
the condition of the Southern States and
their people, how ridiculous TO say that the
latter committed treason by their conduct IN
the late war! That is the risk to be run.
And il were far better for the Republican
party 60 consider the question OF the right
of a State 10 secede from the Union as
having been settled by force Of arms, and
such settlement as having been acquiesced
i'm bv the people who maintained the right,
than to risk either a court or jury to decide
that the war, on its part, was against the
principles upon which the Government was
founded, and upon which we ourselves waged
our war Of the revolution for independence.
That the Chicago Times, rs well as the
Chicago Tribune, may be mistaken as TO the
result, the following from the Washington
correspondent of the Baltimore San, Is not
without weight:
YThe indictment Of Jefferson Davis by
the Grand Jury at Norfolk, and setting his
case for trial at Richmond in June, is in
strict accordance rih tbc programme 0yrooiup0n
here. Judge Underwood is expected in this
city tonight with the copy Of the indictment.
The trial of Mr.. Davis will now undoubtedly
take place at as early day in the June
session rs possible and will, Of course, be
conducted with I'll due formalities, but as
oil arrdAgcmcuts necessary 10 secure coRuc-
zion haze been made, he result may Be easily
predicted. L Is tic ssftioi purpose q certain
men ia high position her, 10 hare Mr.. DoriS ere
cuiod. II ,rtln he range Of possibility and
they are not slow In asserting that the people
Of tie North will Hcrr- ui,r The micpoStjoa
ai Executive claacHcg.'
10 secure the conviction and execution Of
Mr.. Davis Judge Underwood will not scru-
ole to resort to all the appliances that made
Che administration Of justice by Jetirics, of
England, 50 notorious and SO infamous in
history Ills charge 10 the Grand jury At
Norfolk shows the dnjmuS that will control
him in the trial Of Mr. Davis.
THE MEETING BETWEEN EN-PRESI-
DENT DAVIS AND HIS WIFE.
From the Richmond Enquirer. 9Th
The late meeting between cN-Prcsldent
Davis and his wife is described as a very ten
der anl affecting one, as was natural under