, 1866-06-13
Chicago Qribnuc.
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WEDNESDAY, JUNE Is, 1906.
A xAsr APPEAL FOR JUSTICE TO
JEFF. DAVIS.
The House OF Representatives, by vote Of
los to 10, have passed a resolution that JET.
fessou Davis ought TO bc held IN crstody as a
prisoner and subjected to trial according to
The laws Of the land. The question Is then
siuply. how Is this military prisoner to be
fried for the crime of leading the rebellion |
We cav. let him be tried before mtiitarF tEi- |
buual. From those who think Otherwise, We
would be glad TO receive explicit affirmative |
or negative answers to the following ques-
tlous:
l. Is there any magical OF supernatural |
quality attaching 10 jury Of twelve men,
which rendcrs thrm the ONLY. CT, under all |
circumstances, the best mode Of obtaining
justices
~HA-~'~hN
the United States 1r1ny combiue more integg-
rity, loyalty, Intelligence, virtue md human
+. ny, and more Of every mental and moral quail
ny requisite IN the fair trial Of any criminal,
and especially Of Davis, antwelTe residents
Of Virginia selected hy lot from among all the
qualified jurors of that statee
8. Is there not m inherent distinction be-
tween mere treason, which is IN overt at
tempt to overthrow the power Of Govern
meut while and where TINT Government is
still reynant, and rebellion and civil war,
which arc the elect Of having overthrowu
the authority OF the Government over par
ticular district, and therein established new
de {dfio Government which, within that rebel
lious district, secures to itself while 1t lnsts
the allegiance and sympathy oi the people
4. Was not rebellion, rather than treason,
the crime Of Jefferson Dayiss
e. While rebellion includes treason, as the
greater includes the less, arc they not treated
differently by the Constitution Docs not
the Constitution expressly provide for and
define the CRIME Of treason, thereby making
it c1i1ne undtr the Constitution and thus
bring 1t within TINT section OF tho Constitu-
ton which declares that t'the trial Of all
crimes, except in cases OF Impeachment, shall
be By jury" Every trial for treason, there
fore, must be before jury, because treason is
crime created and defined By the Constitu-
tion. 1t is q statutory crime, and must be
tried according to the statute In such case
made and psoyided.'
But rebellion is not q crime created or de-
fined by, or punishable under, the Coustttu.
tion. Il is recognized indeed as crime, be-
t. -, !, fy,nS
provide for calling forth the militia to sup
press tnsurrection and repel invasions."
Canada tries invaders who are without bel
Ngerent rights BY court martial. We world
do the came. Tie power to punish invaders
Is Incident to the power to rcpel them. So
the power to punish rebels Is incident to the
power to eupprcss the rebellion. England
whose laws relative 10 Jury trials for treason
arc the same as ours, never tries the leader OF
arebelliou before jury She did not in India
or Ireland. She treats rebellion as different
crime So our Constitution and statutes by
appointing the military power to suppress
REBELLION, recognized it as purely military
crime, which needed neither to be deEued by
statute nor tried according to statute They
expected the same power which suppressed a
rebellion 10 punish It's leaders. When the
Constitution declares TINT al crimes shall be
tried before q jury II means all constitutional
aud statutory crimes. It does not mean that
Epies, Euerillas, yiofators Of the Laws of WET,
retels, OF any other class Of military crimi
nails shall he 80 tried. This ia plainly shown
by the net Of 179S, framed to carry into etfcc.
the provision Of the Constitution authoriz
ing Congress to suppress insurrections. Thai
N0fr rlrrri1ed IN al U.R r.
any State, the execution Of Federal law
should hc resisted by combinations Of me,
Too powerful to be overcome By the ordinnr,
process Of tho courts and by the unltc
States Marshals, the President might cal
out the mflitia," &c. Here 1t is implied tha
rebellion Is military crisnc, Which supersede
the functions Of courts Of Justice, and rcn
ders nueatory all Judges and Marshsls.
1t be 90 in its conmittal, 1t must be 80 In it
punishment. Under whatever law Grim
Is committed II must be tried. Sine
rebellion neeeas1tatcs martial law
by martial Law 1t should be tried. We ask
therefore, If the Constitution and laws do NJ
define treason as a statutory crime, to b
tried before jury, and lcave rebellion, Inc
dcntAlly recognized but not Defined to b
tined AS military crime, IN the Eatue manne
a. all other crimes which arc incident to, an
can only be committed during state OF war
6. Is IT not essential to jury that 1t sha
be selected according 10 tho rules OF the con
mun law, viz, Of men drawn By lot sfom th
whole number OF qualified Jurors In the di
trict Of trial, and that they shall be subjet
to 1he usual challenges, shall not be access
rics 10 the prisoners crime, and shall ha,
formed no opinion upon his case. Wouldnt