Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-06-28


[Cottiuued from last T1~sdays .JoornaLl
JUNE Called with Captain korte officer Of
the day. about noon. Had been sent for at eight
Z. NJ, but was away fishing.
He asked me what luck fishing, and appeared
in better spirits than usual
Had Just heard, he said, through an irregular
channel, that he had been indicted with Mr. Breck
inridge in the District of Columbia, and hoped
therefore that he about to have a constitution
al triaI-nOt one by military commission, to which
he would not have pleaded, regarding it as fore
gone murder. The news had reached him through
the conversation of some soldiers in the guard
room, who sometimes spoke to each other In loud
tones what they wished him to overhear. 1t was
probably in friendly spirit they had given him
this news but to him 1T was as welcome as air to
the drowning
He then referred to the severity Of his treat
ment, supposing himself at present to be merely
held for trial and not already dy undergoing arbi-
tfary punishment. As this conversation was a
very important one, l took full note of it almost
Immediately on quitting his cell, and it is now
oiven III very nearly, if not precisely, his own
words
Humanity supposes every man innocent, -
urged Mr. Davis, ''until the reverse shall be pro-
ven and the laws guarantee certain privileges to
persons held for trial To hold me here for trial,
uIe. all he riq0rS Of con0emaed c0nrctis not
,1,atd bg Ior-is reroHUag to he spirit Of jsStice
I'm the political history of the world there is no
parallel to my treatment. England and the de-
spotic governments of Europe have beheaded men
accused of treason but after their conviction
no such efforts in my case have been made to
degrade them. Apart, however, from my person
I'll treatment. let us how this matter stands:
If the real purpose III the matter be to test the
question of secession by trying certain persons
connected Herewith for treason, from what class
r classes should the persons selected be drawn?
From those who called the State Conventions
or from those who, in their respective cOnven-
tions passed the ordinance of secession Or,
from the authors of the doctrines of State rights
Or, from those citizens who, being absent from
their States. were IncUnnected with the event. but
on its occurrence returned to their homes to share
the fortunes of their States duty of primal al
lc2iance Or from those officers of the State
who being absent on public service, were called
home by the ordinance, and returning joined
their feOw-citizens i'll State service, and followed
the course due to that relation =?
ITO the last class [ belong, who am the object
of greatest rigOr. THIS CAN ONLY EXPLAINED ON
THE SUPPOsTTION THAT HAVING BEEN MOST HONORED
I. THEREFORE,, EXCTTE MOST REvENGEFUL FEELINGS
FOR HOW ELSE CAN IT BE ACCOUNTED FOR
& did not wish for war, but peace Therefore
sent Commissioners to negotiate before war COM
mcnced. and subsequently strOve my uttermost to
soften the rigOrs of in every pause of conflict
seeking. if possible, to treat for peace. Numbers
Of those already practically pardoned are those
who. at the beginning, urged that the black flag
should he hOisted, and the struggle made one Of
desperation.
Believing the States to be each sovereign, and
their union Voluntary. | had learned from the
Fathers OF the Constitution that State could
change It's form of government, abOllshlng all
which had previously existed and my only crime
has been obedience to this conscientious convic-
ton. Was not this the universal doctrine of
the dominant Democratic party III the North pre-
yious to secession Did not many of the oppo-
nents Of tLat party, IN the same section share and
.lvow that faith They preached, and professed
10 believe. We believed, and preached, and prac-
tiscd.
''If this theory be now adjudged erroneous, the
history OF the States, from their colonial Organlza
ton to the present moment, should be rewritten,
and the facts suppressed which may misleal 9th
in Il like manner TO Il like conclusion.
''B1H VnS sSpOSe-tte purpose be 10 the q1eeS-
Oh IF secession bY Il j"Gcid dectSi0n, 'chy 6eJn 6y
oD9ressinq the chicf Jeci 0f the experiment? Why,
IN the name of fairness and decent respect for
the opinions Of mankind, deprive him Of the
means ncedful To Il preparation of his defence !;
and load him with indiSnitles which must deprive
his mind of its due equilibrium i'll cOmp0yts
,riN the dqoitY If great nation II ernce feCr Cf
GIVING To A SINGLE CAPTIVE ENEMY THE ADVAN
CAGES POSSIBLE FOR AN EXPOSITION OF HIS SIDE OF
THE QUESTION. \ QUESTION SETTLED VIOLENCE,
OR II DISREGARD OF LAW MUST REMAIN UNSETTLED
FOREVER.
believing all good government to rest on TRUTH
it is the resulting belief that injustice to any indl
yiduaI is a public injury, which can only find
compensation in the reaction which brings retri
bntive Justice upon the OppressOrs 1t has been
the continually growing dangers of the North,
that in attempting to crush the liberties of my
people vou would raise Frankemstcin of tyrany
that would not down ut your bidding. Sydney
and Russell. and Nane, and Peters suffered but
in their death Liberty received blessing their lives
might never have conferred.
If the doctrine of State Sovereignty be dan
gerOus hercsy, the genius of America would indi-
cate another remedy than the sacrifice of of
its believers. Wicklitfe died, but Huss took up
his teachings and when the dust of this martyr
was sprinked on the Rhine, some essence of it
was infused in the cup which Luther drank.
THE road to grants of power Is known and
open and thus all questions of reserved rights
on which men OF highest distinction may differ,
and have differed can be settled by fair adiudica
ton and thus only they be finally at rest.
-Nr. DuriS H.,, spoke of tie restrictions placed
4jpt his retiup whicb he supposed must soon teyi
nate If he :rrS IN be placed On, trial. Books would
he indispensable to preparing his defence,
did he how he could be denied free intercourse
with counsel.
Books. if he could get them, would be great
consolation. True he had the two best-point-
ing to his Bible and Prayer-boOk, bnt the mind
could not keep continually at the height and strain
of earnesncsS required for their profitable read
mg. That THE PAPERS AND OTHER PUBLICATIONS
or THE DAY SHOULD BE DENIED HIM, HE COULD IN
DEisSrAND- THOUGH EVEN THIS WOULD NOT BE RIGHT
WHEN HE WAS PREPARING TRIAL He would then
require t. know what phase of public opinion he
addressed: for III al such trlaS-and IN this age
of publicity there must be two tribunals, one IN
de, but infinitely the vaster outside the court
room. To old English other books for his pc
rusaI, what objection could be urged? Such in
duIgcucies were given to the worst criminals be
lore trials; and even after conviction tine prison
libraries were open for their use. A mind so
tive his had been for forty years could not sud
dcniy bring its machinery to pause. 1t must
,lther have food prey upon itself, and this was
ms case at present. EXCETT FOR THE PURPOSE OF
PETTY TORTURE THERE COULD BE NO COLOR OF REA-
son FOR WITHHOLDING FROM HIM ANY BOOKS OR PA
FEtS DATED PRIOR TO THE