Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-10-25
HON. JEFEERSON DAVIS.
The Courts and Judges in Nudale-His
Prospects Of Speedy Trial and the State of
His Health.


A Washington special of Sunday says:
The prospect of an early settlement Of the
Davis question grows more and more re-
mote. 1t may not begenerally known that
If brought to trial under the Indictment
now pending for treason, Davis could, by
the act Of Congress of 1862, only be SEN
fenced to imprisonment for ten 10) years
and a fine of ten thousand dollars, if the
decision of Judge Field, OF California, in
the Chapman case, is taken as a precedent.
The Chief Justice some time since ad-
dressed letter to the other Judges, asking
their opinion upon the question of the pow
er of the Judges to aIlot themselves and
have jurisdiction under the act of May 22d,
1866. All Of the Judges have not yet re-
piled, although it is known that they gen
orally coincide in the opinion that they
cannot have jurisdiction until allotted by
Congress, which is the view held by Judge
Swain. It is understood that the Chief
Justice has expressed his desire to have the
Circuit Courts held, if it can legally be
done, but Is now almost certain that the
Judges Of the Supreme Court will not pre-
side at Circuit Courts until Congress takes
action in the NATTER and that as there APP
pears no disposition to bring Davis to trial
before the District Judge alone, his case
will not come up until after the meeting Of
Congress.
The correspondent Of the He1u3d at
Fortress Monroe writes as follows Oh the
llth inst:
No intelligence has yet reached here con-
tirming the statement of your Washington
correspondent that final settlement Of the
case OF jeff. Davis has Just been determined
on in a Cabinet session by what I deem
very reliable authority, [ am advised that
Mr.. Davis eXpec-s to be tried next month,
that his more immediate and intimate
friends look for the trial then, and that his
counsel are labOrlOusl y preparing to enter
on his defence. The most serious CUES
ton OF all at present relates to the health
of Mr.. Davis While all most interested
III him hope for the best, the most sanguine
express the fear that his health is at too
low all ebb to be restored, that the sands of
his life are rapidly running out, and that
he soon will be beyond the reach of all
earthly tribunals Mr.. O'Connor spoke of
of his growing feebleness when here. Every
day the increasing weakness of his voice,
his unsteady and painful walk, the deepen
ing hollow of his cheeks, his eyes more
sunken, his dimming sight and failing APP
petite and spirits, show it with palpable
and undoubtlng certainty [ write from
my sympathy for Mr.. Davis on the "lost
cause" of which he was the offending head
and front l write the simple facts as l
learn them and become convinced of their
While there may be doubt as
to the time of his trial, and while it may
be doubtful whether he will be tried at ali,
there is no doubt as to the present state of
his health. Strangers who see him unite
in this statement. His friends, many of
whom visit and see him every day, tell the
same story. Southern editors obtaining
with him unite in the same
strain. Meantime his wife and their
youngest child remain with him. The only
fault he finds is in the delay of his trial.