The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-10-15

tive 70 Dring the prisoner 70 ulal ne eusSc5e
that to avoid misunderstanding an order be
issued to the commandant at Fortress Monroe
to surrender the prisoner to civil custody
whenever demanded by proper process, though
in fact it was known to the civil authoritieS
that he would be surrendered at any time they
should make the demand.
District Attorney Chandler, in his letter to
the Attorney General, acknowledges that
he was aware the prisoner would be
delivered to the United States Marshal for
the district whenever demanded by civil pro-
cess, but has declined to remove him from
custody at Fortress Monroe because this was
q safer place than any other to keep him, and
because 1t was better for his health to remain
there. That is all the District Attorney says.
He does not tell US why JEFF Davis has not been
brought to trial nor when he will be tried.
Itappears from the Attorney Generals COM
munication to the President, however, that
some pretended difficulty had been raised
about holding the court, ON account Of Con-
gress having passed an act last July changing
certain judicial districts and making q new
allotment Of the duties Of the judges. This
change did not take away Virginia from the cir
cult Of Chief Justice Chase, and, as the Attorney
General remarked, he was fully c0mpe tent to
hold his court and to try the prisoner. It
appears to us that this is miserable bubble
on the part of Mr.. Chase to shirk the RESPONSE
bility Of trying Mr.. Davis or for the purpose
Of making political capital out Of the victim
and the administration. It is clear now that
the President is not to blame, and we think 1t
Is equally clear that the Chief Justice is, for
thus violating the constitution, which guaran-
tees every man speedy and an impartial trial.
We hope, for the sake Of justice and the repu-
tation of the country, this disgraceful state Of
things will soon be brought to an end either by
the trial Of the prisoner or by his release.
M ximilian and NEUTRALITY-SUSPICIOUS. for
His Reception Mt Home.
"The Empress Carlotta expects by the next
steamer to hear Of the abdication Of her
spouse. She goes in q few days to Ischl to
await his return, and will meet there the EN-
peror and Empress of Austria" Such is the an
nouncement made by the press of Vienna, as
we learn from the letter of our correspondent
in that city, published in yesterdays paper.
1t is scarcely week ago since we received
from our Mexican correspondent a report Of
the speech delivered by Macmillan on the
anniversary Of Mexican Independence" in
which he declared that "a Hapsburg never
deserts his post" under adverse circumstances.
hor - a. - -
diction between these two reports; but little
consideration shows that they are reconcilable
with each other.
Macmillan speaks in Mexico, and the ex-,
pectations Of his Empress are expressed at
Vienna. We are more disposed to believe
that the lady's hopes have a solid foundation
than that her husbands words are to be re-
ceived as true indication Of his intentions.
Il is no doubt the policy and the purpose Of
Macmillan to blind the Mexican people and
bis own troops to his purpose, and when he
does leave the country in which he has tenn
porarily played the role OF an Emperor
i will no doubt be much after the
fashion Of JEFF Davis fight from Rich
mond. He will pack up his movables and
be of without any prolonged ceremony
Of devastating. Indeed, the trouble with Maxi
milan now is, or shortly will be, how to get
out Of Mexico at oil. The Mexcans are by no
means safe people to deal with, and embar-
RAISING as the Hapsburger may have found the
taking or the keeping Of his position among
hem, 1t is possible that he may experience yet
more difficulty in getting clear Of 1t.
One thing, however, is certain, and that is,
that his speedy departure from this side Of the
ocean Is the settlement of the Mexican ques-
lion that the American people desire to see
and feel disposed to demand. They will no
doubt be glad. If only for the sake of the inter-
esting and spirited Carlotta, to learn Of his re-
union with his family, and to hear that he is
once more smoking his meerschaum and drink
ing his beer with the rest of the Hapsburgs at
The Austrian capital. The chances, indeed, APP
pear to be that on his return to his home he
may find himself performing that somewhat un-
desirable feat of jumping out of the frying
pan into the fire. The indications are that he
will not meet with q cordial welcome from
Francis Joseph, and that he will be compelled
10 content himself with . retired life. If
be gets into any serious difficulty Napo-
leon cannot in justice refuse TO pro-
ride him with a home and a pension;
but II the Frcnchman chooses to vindicatc the
truth Of the saying that there is no dependence
to be placed on kings, let Macmillan come to
The United States, and IL he is willing to work
for living, as all respectable Americans do,
he will be well received. He would make
good hand on a newspaper. as translator or
compiler of the foreign news, and We do not
know but we might be willing TO place him
upon the HERALD corps, which would give him
At once an enviable position in society and
handsome living.
One thing Is certain: he had better pack his
and clear out Of Mexico at once.