The New York herald., 1866-05-10

, JeT Davis and the Radicals.
jeff Davis. his treatment, condition, trial and
other matters relating to him have again been
brought prominently before the public by tho
Secretary of the Treasury having had an inter-
view with him, and through the report that he
will be arraigned before the United States
Court of Virginia which assembled at Norfolk
on the 9Th inst. The radical press Is very
much concerned about the trial, as it has been
all along, but taking different views with res
gard to the matter at different times At one
time the radicals clamor for an immediate trial.
and denounce the President for not bringing y
on. though they we'll know that Mr.. johnson ha6
nothing to do with it. He is simply the Gus.
todian of Davis. The Judiciary, and the radA
ical Chief Justice especially, should put him
on his trial If any legislation be necessary,
before this can be done it is the duty Of Cone
gress to attenJ to that As the Executive
Mr.. johnson has nothing to do but 70
keep Davis safely till he bs tried and
to carry out the law after the tFiaa. All
the responsibility for keeping this .ms9
a prisoner without a trial contrary q
the constitution, rests with the judiciary or
Congress, or with both. At anothe. time the
| radicals oppose the trial, and denounce the
| President in advance for desiring to release
Davis. The radical press of this city, which
! has been loudest in demanding an amnesty,
now turns round with Characteristic hypocrisy
| and says "Jeff Davis will be put through tho
| ceremony Of mock trial at Norfolk, prepara-
tory to release" The truth Is these radi-
Gals care nothing about JEFF Davis or his
trial, about depriving man OF the constitu-
tional righ. Of speedy trial, his suferings,
his death, or his release The only care they
have in the matter n to make this case
the means OF assailing the President. They
assail Mr.. JOhnsOa because Davis is not tried,
and they nssail him because il is reported
Davis is going to he tried. Such IL the in
consistency of these malignant and unscrupu-
lous radical politicians.
According to the reports given Of Mr. McCl-
loch's visit to Fortress Monroe and his inter
view with JEFF Davis the Secretary was i'm
pressed with the sufferiIrs of the priscner,
and "will use his influence to have
mildcr form of treatment used in
future" President Johnso, has relaxed. the
severity N Davis prison life rom time to kme
as the facts became known 10 him, and We
doubt not he will listen to the Representations
of Secretary McCulloch. In Sarbarous ages
and among barbarous nations prisoners hsvo
been tortured before they we're iried or proven
to be guilty; but that is not the spirit Of these
times among civilized nations. Shall we, then,
disgrace ourselves in the eyes Of the world and
in history by torturing this man with unneces-
sary severity and by long imprisonment before
giving him a trial? No one believes severity
necessary to keep him safely. Nor does any
one imagine he could do any harm U even he
were at large on his parole. IF he has the dis
position to be troublesome again-und We do
not know that he has-he is not 20 crazy
as to suppose he could do anything, He In
as powerless and as harmless as child. II
is not from fear, consequently, that we need
be rigorous. As TO the crime Of treason, II
he be guilty, he is not more criminal rfan ten
thousands of Others. He was one Of the
agents or Instruments, and by accident the
chief one in vast rebellious movement that
carried the entire population with it, and II
il be necessary to select him as an example
10 vindcate the laws and integrity Of the
| Union, let IL be done without vindictiveness
and in a manner becoming great civilized
people. We give the radicals notice that they
can make nothing out Of Davis case to damage
the President or forward their political OBJ
jccu. The responsibility rests with them, A.
we'll as the odium, Of torturing this man in
keeping him prisoner and killing him slowly
before he is proved guilty by proper tn
| bunal.
The JAPANESE HAHrKARr CASARD.-We pub
| lish in another column q communication from
Captain Comstock with reference to the Japan
stoo,nsh;c ,>,,;lt In New York and the reported