Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1866-11-20
MISCELLANEOUS.
tFrVm the New YorI, Tribune.I
Jefferson Davis,

Eighteen months have nearly elapsed since
jefferson Davis was made u State prisoner
He had previously been publicly charged. by
the President of the United States, with CON
spring to assassinate President Lincoln, and
$l@9, 900 offered for his capture thereupon.-
The capture was promptly made aud the
money duly paid; yet up to this hour, there
has not been even an attempt made by the
Government to procure his indictment on that
charge. He has also been popularity, if not
officially accused Of completely in the virtual
murder of Union soldiers, while prisoners of
war, by subjectiDg them to needless, inhuman
exposure, privation and abuse but no official
attempt has been made to iDdict him on that
charge. He has been indicted for simple
treason, and even this Indictment has not
been obtained ut the instance of the Govern
ment. 1t may be so badly drawn that 10 con-
Viction could be had on it, whatever the proof
advanced; yet the Executive could saw {" [
am not responsible for this The Indictment
was obtained without the assent or privity of
my Attorney General or Cabinet" -
Repeated attempts have been made by the
prisoners counsel to bring his case to trial :;
but to no purpose The Government does
not appear to prOsccute; the machinery of the
Courts is always out of order. at one time
Martial Law stands in the way when that
obstacle is removed, there is n cavil Us to the
sufhciency or completeness of its withdrawal :;
and, when that will no longer serve it is
found that Congress has somehow disarranged
the JUDICIAL districts, so that the cnse cannot
safely be proceeded with. And Congress it.
self, having most tinconsiderately meddled with
the matters7never took pains inquire what ac-
tion on its part,h any, was requisite so that
now Congress, President aud Chief Justice
are in complete muddle on the subject !:
each seeming inclined TO, throw all responsi-
bility for the delay on one or both of the
others.
The upshot of all this is, that the prisoner
isnet tried nor likely to be; and that. if tried,
he is morally certain not to be convicted :. if
convicted not to be punished There are still
many persons who would like to have him
executed but there is not one intelligent
man on earth who has the faintest notion that
he,ever will be. For, though governments
sometimes infict capital punishment on con-
spicuous Rebels, they never, at least in mod
ern times; do so long after their rebellion was
suppressed. Austria, in lS49, put to death
thirteen of the Hungarian leaders, betrayed
into her hands by the miscrea1t Gorgery; but
she tried them by drumhead court-nlartial di-
rectly after their surrender, and had them all
hanged and buried within foIty-eight hours.
Had she waited eighteen months, and then
executed them, she would have invoked the
execrations of all Christendom.
Since it is notorious that Davis is not to be
punished, why is he still kept awaiting trial
which healone seems to desire, and which he
can by no means obtain? What good end
is subserved by persisting in menace which
still serves to irtitate, though it no longer ap-
pals .,
Congress, at its last session, evidently felt
that it had the President at disadvantage with
regard to this prisoner-that was an elephant
which Mr.. johnson had too eagerly ac-
quired, and was now unable either to keep
or dispose of save to his own loss. In the
state of feeling then prevalent, this aspect OF
the case was regarded by many with evident
complacency,
Had the President been man of high
courage, we think he would have bailed the
prisoner and called on Congress to demand
if that were deemed advisable, that heshould
be surrendered and tried, aud to prescribe
the legal conditions of such trial, since the
laws as they stand seem inadequate or de.
fectiye- But he should first, at all events
have publicly retracted the charge of com
plicity with the assassins of President Lin
coin, since he has virtually abandoned it by
not attempting to found an Indictment thereon
It is neither just nor wise to send forth ;
| prisoner of'state with the brand of murder or
! his brow; and naked failure to prosecute i.
bnkequiyalent to thesScotch. verdict, =. NO