The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-05-16
The Trial OF Davis.

Jefferson DAVIS is state prlSOner-tne only
man left in confinement (unless ex-senator Gwin
be another) because of his share in the late Re-
bellion. We have always understood that It
wac the earnest desire Of those who had right
TO speak in his behalf that he should be duly
arralgned and tried at the earliest moment con-
sistent with judicial fairness and equity; and
we have favored such trial, not because they
desired it, but because ii seemed essentially just
and right, yet all the more zealously because
his friends wished it. We have desired and
hoped, moreover, that the Chief Justice of ihe
United States should preside at his trial; and
we have understood that also, to be wished
by the friends of the accused. We do not know
that this rs TO be; but we infer that it is from
the fact that Mr., Chase's objection to presi-
ding, or even to holding court in Virginia,
was based on the continued maintenance
of martial law in Virginia; and that, we under
stand, has now been removed. And as Davis
has been regularly indicted in Virginia, we trust
that his trial is soon to take place, and that it
will be so conducted as to reflect honor on
American jurisprudence aud Do productive of
lasting benefit to the country. To these ends,
it seems TO us imperative that the press should
treat the matter considerably, temperately, and
with a careful avoidance of partisan bitterness
or personal acrimony. For it is not merely
Jefferson Davis who Is to be tried on this occa-
sion, but the American form of government and
the American people. The very gravest ques-
tions of constitutional law are likely to be
raised, discussed, and adjudicated. Let us all
take care that all shall be so done that no loyal
American abroad shall be impelled to blush for
his country.
We see with regret that certain Journals,
which will be widely regarded as speaking in
the interest OF the prisoner are serving their
own ends in entire recklessness of consequences,
and lit seems to us) in a manner prejudicial to
the interests of the accused Take, for example,
this utterance of the Daily Neeos:-
'MR. DAVIS AND THE JUDICIARY COMMITTEE
1t s an earnest OF the magnancy that characterizes
the conduct OF the charges against Mr. Davis the
part of the Judiciary Committee that that body, to
which were deleRated the resolutions looking to the
trial of the exPr esident of the Confederate States
for treason has been seeking to make Opt q case
against HIM beng accomplice in the killing of
Mr. Lincoln instead of att ending to the resolutions
that referred to 1t. The of this is plain
Tne same bOodthrsty spirit that brought the heads
OF the best and nobest of France level with the dust
during the mob rule of the revolutionary Directory,
Is now seeking to DESTROY Mr. Davis at ali hazards,
II possible, by attempting TO impute to him a CRIME
that ne is far less able to connve than those who
pretend to judge him. The Indictment against Mr..
Stevens would bring him to the block If possible,
through the assassination charge; but this mise.
rable pretense has not even the shadow OF decent
probability to support 1t, his enemies compelled
to take what comfort they OF the accusation
of treason However his trial may end the infamy
OF the Judiciary Commit will remain part of the
history OF the times"
The Nesps is thoroughly aware that the
charge of completely in the assassination of Mr..
Lincoln originated neither with Mr. Stevens nor
with the Judiciary Committee, but was made by
the President of the United States in a public,
official document, which stands to this hour
unrevoked and unretracted. We sincerely trust
and believe that it is founded in misapprehen-
sion. But If 1T be true it surely ought to be
thoroughly investigated and made the basis of
judicial proceedings; while, if known to be base
lees, it should be promptly recalled and with
drawn. While it stands unretracted, the Judi
ciary Committee are incontestablv right in seek
ing to probe it; and we are confident that those
nearest to Mr.. Davis will thank them for go
doing. If he is to be tried for treason next
month, and is guiltless of any completely in or
knowledge of Booths atrocity, he ought to be
publicly absolved and vindicated of the charge
which now stands against him, and which may
insensibly prejudice him in the minds OF Jurors.
And we deem it highly probable that his able
and thoroughly wide-awake counsel will insist,
before he is put on trial for treason, that this
charge OF assassination shall either be brought
to issue or unequlvocally retracted. At all
events, we insist that it be thoroughly under.
stood that 'th9 revolutionary Directory" is in no
manner responsible for it..
The Ne1US' attack on judge Underwood is
alike absurd and malevolent. Judge Underwood
has caused the indictment of Davis for treason
1t is within our knowledge that Jealous, able
disnterested friends OF the accused have COM
planned 1--WE thought, with reason) that the Off
Cial head of the late Rebellion was kept so long in
prison without being indicted and tried. ''He is
either guilty or not guilty" they forcibly said:
''It guilty, why not lndict and try him? if not
guilty, why not release hmW We thought they
were so far right, and have sought to have the
obstacles to his trial removed. And now we find
United States District Judge of the United
States held up to reprobation for dong hls
simple duty in the direction which the near
friends OF the prisoner have hitherto indicated
as conformable to their wishes. -
The correspondent of the Nelos telegraphs
from Washington that
"Ihe recent indictment Of Mr.. Davis at Norfolk
was brought about by judge Underwood on his own
responsibility, and that 1t has not received the
tion OF the Government or any officer or branch
thereof. 1t is vel known to the Govern
ment and to all It's law officers, that Jefferson DAVIS
Orme, whatever 1T may be- does not amount to trea-
son, and that, tried i'll any civil court a conviction
Tor treason cannot be secured. To place Jefferson
DAVIS on trial Tor treason IS 10 have 1t proclaimed
that he did notcommlt treason; and it is q know.
ledge of this fact that has hitherto prevented his
trial II he is put trial under this Indictment il
viii SIMPLY be in order that he may be honOrably
acquitted. Underwood, and such men as Nye, who
thirst Tor the blood Jefferson Davis do not see
this; but Thaddeus Stevens sees it and hence his
anxiety TO get MIR. DAVIS tried as an aecomplice OF
If Mr.. Davis is or was ''the accomnlice of
assassins," he ought certainly to be tried as
such; but we do not believe he was: hence we
insist that he ought to be cleared OF the ba STING
imputation before he is put on trial for treason
Admitting, then, the assumption OF the Ne1ps
we submit that Mr.. Davis friends should he
greatly obliged TO Mr.. Stevens, TO the House
Judiciary Committee, and TO whosoever else il
trying to push the investigation of the assassna-
tion charge, and TO Judge Underwood for pro
curing the indictment. Those who most love
and honor theHead Centre ofthe late Con tederacy
are thoroughly tired of his incarceration, and
anxious that he should either be tried or libe-
rated They have never shrunk from any
scrutiny into his alleged completely with Booth
and have desired to see him speedily brought to
trial on whatever charge might be preferred
against him. The NelDs is not serving him or
them-it is serving OnIv itself nv GOV N, ot ~ :,