The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-10-05
COLUMBIA.
Friday Morning, October 5, 1856.
Jefferson Davis.

ner in which the case of Mr.. Davis
has been manipulated, is disgraceful
to both the departments OF the Go
vernment who have the matter under
immediate charge-the Executive and
Judicial
1t is idle for the National Lteli-
gencey to say that ''the President has
no control over the subject" That
journal knows, as the whole country
knows, that Jefferson Davis is q mill
tary prisoner, and could and ought
to be paroled equally with any officer
of the (so-called) ''rebel" army.
However much we esteem the LateNi-
gcaceg' as an ably conducted conserv-
ative journal, we regret to see it use
Mr.. Davis case as q party instrument
taity in favor of the President. It
AYERS that the demand for the trial of
Jefferson Davis comes from the radi-
cal disunionists-it comes from every
Southern community, conscious of
his innocence, and to use the fact Of
the delay of the trial as an antago-
nistic measure to radicalism is utterly
absurd.
Even the leading journals of Eu-
rope cannot understand why an ac-
knowledged feeble nlan-no more
guilty than the humblest private in
the ranks OF the Confederate army
should be incarcerated unto death.
The attempts to make this matter q
party measure, and that in favor of
President johnson and his party, is
utterly unworthy of such high
toned journal as the National haleNi-
gencef Ali the usual party sophistry,
IN such a case as this, must be re-
garded with feelings of disgust by
the right-thinlzing men Of every sec
ton, and it is q blur and stain on the
well-known and generally believed
characteristics of Andrew John
son, that he does not cause his
former peer in the councils of the
nation to be either brought to trial,
as the humblest alleged criminal
would have heen long since, or, as
Commander-in- Chief, to release him.
1t is sign of weakness we did not
expect, from the Presidents known
firmness, and, if the continued in
generation of Mr.. Davis is one of
political policy, and held so by the
President and his friends, it is sim
ply peurile. If Jefferson Davis should
die in prison, Mr.. Johnson should ask
himself upon whose head his blood
would be. He might class himself with
the radical Judges, Chase and Under
wood, b1t, in the judgment of man
kind, it would not absolve him, who.
by the signature OF his name, in ten
seconds, could release him on parole
or pardon him. The policy which,
from timidity, forbids such generous
action on the part of any Executive,
is incompatible with true Executive
prerogative, and proves that the in
cumbent is not equal to the emer-
Gency, or has not the virtue, man
hood and patriotism to rise above the
considerations Of personal or party
policy, for the purpose of executing
justice and judgment.
We now learn, from the National
LateAigsncer, of Monday. that 'Judge
Underwood and the Chief Justice
have come to the conclusion, that
because of the legislation of the last
Congress, the adjourned-Court can
not be held; consequently, the case
Of Mr.. Davis, with all Others must
he postponed to a future day
The Chief Justice and his District
Judge do not inform us what the le-
9islation is that renders necessary
this further delay. In the mean
time, the prisoner languishes in
steadily declining health, and his IA
nily is rapidly coming to want, while
1he honor of great country is being