The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1866-01-13
The Trial of Jefferson Davis.


g.ftc1 hr The Trial Of Jefferson Davis
,.. -. A resolution was passed by the Senate
few days ago calling upon the Presi-
dent for information as to why JEFFER-
7r e. -so>c Davis is still imprisoned and las
.- . ~. bssr tried The resolution was re-
..,El ferred to the Secretary OF WarNand to
ATTORNEY General SPEED Their replies
we're sent to the Senate on Wednesday
without comment by the President.
The Secretary of War recites the
fact that Mr. DAVIS was captured by the.
United States troops on the 10th of May.
1865. and has since that time been held
aprisoner in Fortress Monroe; that he has
been indicted by the grand jury OF the
District of Columbia for high treason,
and that he is also charged with being.
accessory to the assassination of ,ABRAS
EA1I LINCOLN, and with cruelty TO pris-
oners of war He states that the
= q President thought it lest to have
DAVIS tried before civil court,
and that the proper place for his
trial was in the State of Virginia, and
- that Chief Justice CHASE declined hold
ing any session Of the United States
Court in Virginia, so long as the military
occupation continues.
Attorney General SPEED argues that
Mr. DAVIS is prisoner OF war ana that
.. the war isnot yet over because there mas
been 10 official proclamation OF peac''
notwithstanding active hostiltes have
ceased He thinks that an individual
can only be tried for treason in a civil
court and that court must be held in inc
district in which the crime was commit
ted He disbelieves in the doctrine OF
the constructive presence OF the com
mapder-iu-chief in whatever district his
troops may be engaged and thinks IT OF
doubtful constitutionality, therefore, IN
his opinion, DAVIS cannot be tried In the
EI. District of Columbia, or in Maryland OF
in Penn sylvania, in portions OF Whlch
States hostile incursions were made by
the Confederate troops He thinks that
, after peace shall be restored in law as
we'll as in fact, that JEFFERSON Davis
should be tried for treason in the United
.-ns. States court in the State of Virg inia No
such court has yet been held and that is
the reason why DAVIS has not yet been
tried
1t seems to us that Mr. RAYMOND, of
... New York, in his reply to THAD STEVENS
disunion speech, made a good point
against those radicals who are clamoring
o. for the trial of DAVIS on charge OF trea-
san Ii, as asserted by STEVENS and
others the southern States are and have
been out of the Union, they have been
an independent and foreign nation con-
si-- quered by our arms. In that case it is
absurd to say that their people have been
guilty of treason to the United States or
that we have any right TO try one OF them
upon such charge Suppose we should
60 to war with France and conquer and
over-run that nation with our troops,and,
by the fortunes of war, LOUIS NAPOLEON
should fall into our hands; would we.
have any right to call the French people
FsB traitors or to put LOUIS NAPOLEON on
trial in our courts upon charge of trea-
son to the United States2 Well, accord
ing to he radical theory, the Southefe
.t Confeieracy was just as much an indie
pendent nation as France is, 1t was con-
quered by our arms and now THADDEUs
STEVENS argues that we have the con
queror's right to impose upon the van:
quished whatever pains, penalties or con
ditions we desire He and his followers
argue that the southern people are not
under the jurisdiction of the constltu
ton of the United States and cannot
claim the benefit of its provisions, while
at the same time they are giving the lie
to their own assertions by calling the
southern people traitors and clamoring
for the trial, conviction and execution of
JEFF. DAVIS for treason to the United
States .r 90 .
Such is one of the beauties of radical
consistency