New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-10-08
LErrER FROM WASHINGTON


SpeClhl Correspondence OF tne crescent
WASHINGTON, Sept. %. 1866.
Everybody is now talking about the trial OF Mr..
Davis. 1t seems that radical judiciary are de-
termined that the public anticipations of fairness
towards the great prisoner of State shall be dis.
appointed There is really no valid plea against
holding the trial at Richmond i'll the month Of Oc-
tober The old excuse urged by M. Chase, of
the judicial dignity being impaired by the contin-
uance of state of semi-martiaI law has no longer
the slightest validity. The itnerant chief Justice
to object on the score of sensitveness to the
purity of his ermine was imparting a rather strong
element Of the farcical into public affairs. How
ever, even that poor allegation lost its value by
the progress of events, and new one must there
fore be invented. The legislation of Congress
forsooth, is the next eXcuse-l8ws passed at the
last session preventing the holding of the October
term in the capital of Virginia What legislative
acts does the wire-pulng chief justice refer to?
Does he mean the bill introduced by Judge Harris
Of New York, for the reorganization of the United
States courts-a scheme that did not succeed?
Does his heart fail him so much at the last mo.
ment that he is obliged to have recourse 10 some
obscure clause in a long forgotten law? In
other countries where there is no independent
judiciary--where the judges are the servants of
monar ch--State trials have been long delayed, and
State prisoners have long suffered. Here we have
a constitution in form, far above its servants-the
various departments of the government-and es.
peCially confided to the care and keeping of one
department. How can the Supreme Court pre-.
sumo to be the interpreter of that fundamental
instrument which gave it being, after violating
provisions that secure the sacredness of individual
liberty. Dare Salmon P. Chase condemn Jefer
son Davis to execution for the crime of treason,
when in his official capacity he has committed
wrong against the prisoner that in bygoue days
has made crime virtue and turned rebellion into
revolution. Deprivation of the privileges of
habeas corpus was charge in the Declaration of
independence. 1t is useless for Underwood and
Chase to say that the prisoner was in the hands of
the military. Their duty was to issue the process
and have him placed in their custody. If Mr.
Davis had been captured by a dozen private ind-
viduals and kept in illegal durance, The failure to
issue writ would have been just as excusable.
Is the American judiciary so bowed down in the
dust that it is afraid of a sabre or bayonet?
Among the many virtues exhibited by the South
in the late contest none was more admired in
foreign countries than the virtue and independence
of her judges. have received letters from mem
bers of Parliament highly entolling this splendid
characteristic that recalled the noblest memories
of English history. But not even so much truth
is on the side of these qubblers of the hour. The
truth has at last made its way to the surface JEFF
jerson Davis was merely held at Fortress Monroe
to wait the issuing of that writ. The President
told the chief justice months ago that an order of
the court would be respected by every military
officer in the land Andrew Johnson, as comman.
der-in.Ghief of the armies and naves of the United
States would see that an order from coordinate
and equal department of the government was
duly respected. Where is the semimartial law
and the military possession of the accused SO
much apprehended by our sneaking Jeffreys-
who would like to hang his prisoner, but would
rather prefer him to die of exhaustion? There is
another phase of the matter very cleverly con-
cocted between Chase and his friends at the CAPT
tol. While JEFF Davis is at Fortress Monroe, in
the custody Of the executive, the people, against
all reason, will refer the delay in proceeding
with the trial to the President. 'Johnson
has him." they say, why don't he try him.
The laws veXatious delays don't enter in.
to their calculation. They blame the President
who is innocent and forget Chase who is guilty.
There is one resource left to the President by
which he can render justice to the accused can
relieve himself of undeserved obloquy and pursue
his policy to its legitimate results. If the court
does not trBhim, the first day of November should
see Jefferson Davis citizen at large, without sur
yeillanee, without parole, without conditions The
absence of any active measures, and the offer to
resign him to the civil custody prove that charges
OF completely in the assassination conspiracy have
not been substantiated against the great prisoner.
This was the only definite cause of his imprson.
ment by military authority. To retain him at the
ortress for the purpose of awaiting a civil pro.
cess and trial could be excused in the abnormal
condition of affairs incident to the close of the
war. Due time, legal time-and more than due
and legal time-has beer, suffered to elapse; but
no response has come to the demands for justice.
The executive has done its duty towards the judi
GARY nowit is time to do its duty towards JUS
tice' We have had sixteen months of technieality,
let US now have one day of law. This is the
means'by which the President can render justice
to the accused, but at the same time he can re-
move that false impression, pervading the public
mind relative to his cuIpability for the delay,
Once Mr.. Davis is at large, the civil authorities
must act-they must arrest him or bear the blame
themselves. If they arrest him, they are respon-
sibIe before the world, as they have ever been in