The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-05-31
Trial of Mr.. Davis.

IAouaa 1nteUtyencer Will be read with
interest, as it is generally understood
that paper is in the confidence of the
President: -
The recent references to the trial
Of Mr.. Davis have called public at
tention to this subject, which very
naturally i'll n large degree interests
the public mind. The indictment,
in the usual form for treason, has
been found by the Grand Jury in the
United States Circuit Court, Mt Nor
folk. Mr.. Davis is indicted 'lnder
the Act of 1870, under which the pc
nalty, Oh conviction, is death. He
could have been indicted under the
Act OF July 81, 1861, for II scditious
conspiracy, the punishment Of which
Is tine, not over S5, 900, and impri-
sonmcnt, with or without hard labor,
not over six years. One of tho most
important points is the drawing of
the petit jury who arc charged with
the trial of the prisoner. The jury
Is to be drawn according to lot or
otherwise, according to the mode
practiced in the State for selecting
luries for the highest courts of law.
The number of jurors to be summon
Ell 1sleft to the discretion of the Court,
as at common law. The Act of July
10, 1867, repeals SO much of tho Act
OF 1889 as requires in cases punish
able with death that twelve petit
Jurors he summoned from the County
where the offence WAS committed.
Under the Act Of June II, 1862, no
person IS allowed to sit on the jury
who was III any degree of completely
with the rebellion. This is an Act OF
controlling Importance, because it
lnsures that the trial shall be before n
loyal jury. Mr.. Davis cannot be
tried by any of his confederates. His
tate will rest entirely with his politi-
cal opponents. The jury must he
unanimous, or the. IN be no YER
o1ct 1hls Is the able rule Of
the common law, u.i,l has existed
time whereof the memory of man
runneth not to the contrary. The
presiding Judge can rule uuthorita
lively on questions of evidence us
they may arise in the progress of the
trial; but rs the jury always, in cri-
mlnal cases, return Il general verdict
OF guilty or not guilty, they arc prac-
tically the judges of the law as we'll
as the fact. and there is no appeal
from their decision There has never
been any exception to this principle
Ill the common law, except that in
cases of libel it had frequently been
determined by the Court of Kings
Bench that the only question for the
consideration of the jury in criminal
prosecutions for libel was the fact Of
publication and the truth of the inu
endoes, and that the Court alone was
competent to determine whether the
subject of the publication was or was
not libel. And it was for this ruling
OF Lord Mansfield that the celebra-
ted Junius so bitterly attacked Lord
Mansfield. Lord Camden, the friend
of liberty, differed from Lord Mans
field, and the matter was finally put
to rest by the memorable Act OF Par
lament 81, George III, known rs
MIR. Fox's Act, which determined tho
law against Lord Mansfield's judy
ment, by expressly recognizing the
right of the jury to determine tho
facts and law Of the case by gene
raj verdict of guilty or not guilty.
The trial can only end in one of
three ways: l. BY verdict of guilty.
2: by verdict of not guilty. 3. By
the inability of the jury to agree.
In the event of this third ulterna-
tive, the first qu> stion which will
arise is, whether Mr. Davis will be
entitled to bail. The Constitution
provides that Gin all criminal prose-
cutlons the accused shall enjoy the
right to n speedy and public trial"
In determining whether Mr.. Davis,
after more than a years close impri-
sonment, would be entitled, in the
event of the disagreement of the
jury, to be discharged on bail. would
be question of legal discretion, to
be determined by the Judge. BY the
celebrated Aabeas co1rus Act Of 81,
Charles II, it was provided, sixth,
that every person committed for
treason or felony, shall, if he IL ,uire
it, the first week of the next term, or
the first day of the next session of
Oyer and Terminer, be indicted in
that term or session, or else admitted
to bail, unless the Kings witnesses
cannot be produced; and if not in
dlcted and tried in the second term
or session, he shall be DISCHARGED
from his imprisonment for such i'm
putcd offence"