Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1866-11-20
From the N. Y. Tribune.


Eighteen months have nearly elapsed since
Jefferson Davis was made State prisoner
lie had previously been publicly charged, by
the President of the United States, with con-
spring to assassinate President Lincoln, and
100000 offered for his capture thereupon. =
The capture was promptly made and the money
duly paid; yet up to this hour, there has not
been even an attempt made by the Government
to procure his Indictment on that charge He
has also been popularity, if not officially accused
of completely in the virtual murder OF Union
soldiers, while prisoners of war, by subjecting
them to needless, inhuman exposure, privation
and abuse but no official attempt has been
made to indict him On that charge. He has
been indicted for simple treason: and even this
indictment has not been obtained at the instance
of the Government. 1t may be so badly drawn
that no conviction could be had on it, whatever
the proof advanced; yet the Executive could
say, II am not responsible for this The in
dictment was obtained without the assent or
privity of my Attorney General or Cabinet"
Repeated attempts have been made by the
prisoner counsel to bring his case to trial; but
to no purpose. The Government does not ap-
pear to prosecute; the machinery ofthe Courts
is always out of order At one time, Martial
Law stands in the way; when that obstacle is
removed, there is a cavil as to the sufhclency OF
completeness OF Its withdrawal; and, when that
will no longer serve, it is found that Congress
has somehow disarranged the judicial districts,
so that the case cannot safely be proceeded with.
And Congress itself, having most inconsiderate-
ly meddled with the matter, never took pains
to inquire what action on its part, if any, was
requisite: SO that now Congress- President and
Chief Justice, are in a complete muddle ON the
subject; each seeming inclined to throw all
responsibility for the delay On one or both of
the Others
The upshot of all this is, that the prisoner is
not tried, nor likely to be; and that, if tried,
he is morally certain not to be convicted if
convicted not to be punished There are still
many persons who would like to have him exec
cuted but there is not one intelligent man on
earth who has the falntest notion that he ever
will be. For, though governments sometimes
lnflct capital punishment on conspicuous Reb-
els, they never, at least in modern times, do so
long after their rebellion was suppressed Aus
tria, In l849, put to death thirteen Of the Hun
garian leaders, betrayed into her hands by the
miscreant Gorgey; but she tried them by drum
head courtmartial directly after their surrender,
and had them all hanged and buried within
forty-eight hours Had she waited eighteen
months and then executed them, she would
have invoked the excavations of all Chrlsten-
dom.
Since it is notorious that Davis is not to be
punished why is he still kept awaiting a trial
which he alone seems to desire, and which he
can by no means obtain? What lgood end is
subserved by persisting in menace which still
serves to irTitate, though it no longer appalls?
Congress, at its last session, evidently felt
that it had the President at disadvantage with
regard to this prisoner-that was an elephant
which Mr.. johnson had too eagerly acquired,
and was now unable either to keep or dispose
Of save to his own loss. In the state of feeling
then prevalent this aspect Of the case was re-
garded by many with evident complacency
Had the President been man of high cour-
age, we think he would have bailed the priso-
ner and called on Congress to demand, if that
were deemed advisable, that he-should be sur
rendered axd tried, and to prescribe the legal
conditions of such trial, since the laws as they
stand seem inadequate or defective. But he
should first, at all events, have publicly retract
ed the charge Of completely with the assassins
of President Lincoln, since he has virtually
abandoned it by not attempting to found an in
dictment thereon.
It is neither just nor wise to send forth a
prisoner of state with the brand of murder on
his brow and a naked failure to prosecute is
but equivalent to the Scotch verdict, "Not pro-
ven." If Mr.. Davis is even probably guilty of
completely with Booth, he should have long
since have been indicted and tried for that
crime; if he is not he should have ere this
been explicitly freed from the reproach, even
though he were to be executed for treason on
the morrow. A great government may deal
sternly with offenders, but not meanly it can
not afford to seem unwilling to repair an obvious
yyrop ~ .-g.