The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-02-02
FRIDAY, FEBRUARY 2, 1866.
How and When will Davis be Brought
TO Trial!

military tribunal, in order that from its mouth
the greatest felon of the age may receive
the punishment due to his crimes. A desire
to give him every legal chance, to remove
hlm from that pressure which would inevitl-
bly, be brought to bear should he appear for
trial while yet the popular hatred ragged so
strong, may be a satisfactory reason tor the
postponement of his case since last May; but
the evidence of the feeling being rather in
creasing than diminishing with the lapse Of
time, is sufficient to convince the Authorities
that justice can be dealt to-day as impartially
as though the case laid over until decade
hence. The people are not governed by any
unnatural desire Tor the blood of the Rebel
leader, but they are determined that the dig
nifty Of the law shall be vindcated by the trial
of its chief viOlator. The notion therefore,
of the Hon. JACOB NJ. HOWARD, in the
Senate yesterday, which called for the ap-
pearance of DAVIS and CLAY before mill
tary tribunal, together with the powerful and
eloquent speech by which he supported twill
find an echo in the hearts, as well aS the
brains, of the American public.
Mr.. HOWARD is an unaduteIated radical,
an uDcompromlsing foe to treason, and one OF
the ablest and bitterest spirits in the Sena
Of our land. Whatever may be our views on
his principles, whatever may be that discre-
tion which compels us 10 pause before we go
to the extremes into which he confidently
plunges, we cannot but admire his ability,
and give him praise for the conscientious con-
sstency OF his course. We had expected vi
Imperative address, speech more on the order
Of Mr.. STEVENS, yet to judge from the tele-
graphic synopsis, bis remarks were calmly argu
mentative, and there is but little that he said
that will not meet the approval OF tne people.
The keystone to his whole action is found in
his declaration:-
''That it il due to our'digniy as nation, and
70 the obligations we owe To che Constitution OF
the nation that there should be an arra nncat
and punishment, accord NC to the forms OF law
OF some at least Of the nsleaders OF the Rebel
lion. | think | do not oveIsla'c the truth when
/ say that TINS expectation is not at this tine
diminished in any degree bot that unless some
earnest bona tGe endeavor shall be mad t. exc.
cute the Law upon me at least ut the traitors
who have done such wrong to the Government
OF the Urlted States, feeling OF despondpncy
not 10 say GI gust, will b. very strong and per-
vadiDg throughout the United States.h
No one can find anything in such SEN
tence as this to excite ire. 1t is a calm enun-
citation of fact. The people ale not only
anxious, but they are most impatient, at the
continued imprisonment of the Rebel leader;
and although they feel confident that Presi-
dent JOHNSON is actuated by feelings as
strong, and perfectly in harmony with those
OF the popular heart, yet they hold that no
legal technicality, no judicial quibble, should
be allowed to interpose barrier to shield
mighty criminal from his due. We have had
occasion several times to cOntroVert the fal-
lacy that the trial of DAVIS cannot legally
come before military court. We have fre
quently said that the Constitution was made
for the nation. and not the nation for the
Constitution. That where the demands of
public safety and the provisions of our Magma
Charta seem to conflict, there will always be
found some door through which the one can
be obeyed, and the other conserved. SO it is
in the present case. DAVIS appealed unto
the force of arms, and the powers of war
decided that he was wrong. Cannot that
power which made his act a crime define the
punishment for that crimep Had the mill
tary failed, the civil authorities could not
have punished DAVIS had he come into the
court and demanded a trial. His guilt de-
pended not upon his act but upon the success
of his act. Had he triumphed he would have
been the author of a revolution. and not the
instigator OF a rebellion; he would have been
the legal head Of a new nation, and noe the
guilty feloD that he is. surely that power
which made his act a crime can have che
right to punish that crime, and not hand it
over to another, which has been merely an
idle spectator in The contest.
BY this syllogism, if by no other, we think
the proposition in favor of a military trial
would be supported. But, waving the ques-
ton of courtmartial, which, if the President
and Attorney General hold illegal, of course
will not be held, we ask for his immediate tria
by the civil power, in the State of Pennsyl
vania. There is surely no necessity fol
going to Richmond or Mississippi in order
that a Rebel can be tried by jury of his
fenOw-conspirators. Let him be brought be
fore twelve of the residents of FRANKLIN
county, dozen of the citizens of Chambers
burg, and let him be tried by them. DAvH
was the absolute head, the omnpotent com
mander, the irresistible orderer of all tht
Rebel forces. He moved with them in power
he directed them by his will, they were hi
automatons They dared not disobe,
his commands. 1t was his hand, through
them, that fred Chambersburg; il wa