The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-05-17


What is Mr.. Davis to he tried .for3 We do not
mean to ask for what crime, for that sufficiently
appears in the Indictment; but what end is
sought to be accomplished corresponding to the
greatness Of the events in which Mr.. Davis was
a leading actor, and to the political and sec.
tional passions which will be reinAamed by
such tlial? That he will be hung for treason
we suppose not ten intelligent men in the United
States believe. If the final upshot of the ex-
citing proceedings at Richmond next month is
to be merely q release of Mr. Davis from GUS
tody, either by an acquittal by the jury or
pardon by the President, why could he not be
released by some more quiet process without
arousing deeaying passions into new activity?
There is some ground to believe that both
President johnson and Chief Justice Chase feel
the force OF this doubt, and concur in regarding
the trial more in the light of political manueu-
vre than of judicial necessity. The communi-
cations which have taken place between these
high tunctonaries, on this subject, have been
only partially divulged; but the general tenor
OF what is known is, that the President has
steadily desired that the Chief Justice should
conduct the trial, and that the Chief Justice has
evinced an equally steady reluctance to the
task. 1t is not improbable that both of these
officers think that the chances preponderate IN
favor of an acquittal; that the President wishes
to allay the clamols of the ultra -"loyalIsts" by
the guarantee of judicial rigor which would be
ard that Mr.. Chase, who aspires to be the Re-
publican candidate Tor the Presidency, does not
wish 10 figure before that party as the judicial
officer by whom Mr.. Davis was set AZ large.
These motives, though too probable to admit
OF much doubt, are not OF nature to be aVowed;
and they may be properly enough veled behind
ostensible reasons so plausible as those alleged
on either side. In great State trial there is a
manifest propriety in the highest judicial officer
OF the Circuit presiding; a propriety which the
Chief Justice cannot contest and which he has
thus tar, evaded only by expressing his unWil-
lngness to hold court in place where mar
tial law is in force. Martial law is. indeed, an
atrontt TO judicial dignity; but If the Chief Justice
is so tasudous, how did he reconcile himself to
hold courts last year in Maryland, or even to
preside this winter over the Supreme Court in
the District OF Columbal Maryland was under
martial law till relieved by President Johnson's
proclamation OF December last, and in that pro-
clamation the District of Columbia was by name
excepted II che existence OF martial law is a
reason why courts should not be held, no civil
courts ought to have been held anywhere in the
United States after Mr.. Lincoln's proclamation
suspendlng the habeas corpus in all the States
and Territories. 1t is obvious enough that
Judge Chases assigned reason is a subterfuge,
and that the real motives OF his Hnwillingness
to try MIR. Davis are sucn as he does not choose
TO avow.
After Mr.. Davis first Indictment lin May last),
we suppose there were but three ways by which
he could be released from custody, namely, a
noite pr0sequi, acquittal by jury, or pardon by
the President after conviction. We do not sup
pose the President has ever, for moment. en-
tertained the thought of a nOae prosequti; and it
VIII be soon enough for him to consider the ques.
ton OF pardon alter the prisoner had been SEN
fenced President Johnson, who is very
tenacious Of his convictions, has seemed to en-
tertain the idea that it is necessary to try Mr.
Davis for the purpose of bringing to a judicial
decision the questions underlying the war. This
Is a view which Mr.. Johnson seems to share with
large proportion of the Republican press. To
get judicial decision on the right of secession,
and ITO make treason OdOus,n are the two
ayowed reasons Tor putting MIR. Davis on trial
. But even though President Johnson unites
with the Republican party in urging them, they
are reasons which will not very well bear scTu-
tiny. To submit the secession question to a
court is to imply that it is stlll open to doubt
Suppose the court should decide that secession Is
a constitutional right, would President johnson
and the Republican party admit it Not for a
moment To submit, as If it we're still doubt
iul, question which Is decided beyond appeal
saVors not of the sincerity due to so grave sub
ject. Can any loyal man in the North really
wish TO submit to judicial decision the question
whether, after all, the war we have waged with
the South has not been wrong? If we admit
that the question is doubtful, and that an argll.
ment by the best legal ntellects and a solemniu iu-
diClal decision needed to settle IL, we thereby
go very far towards eXcupating the prisoner in
advance.
If lhe question be- even at this late day. so
doubtful and difficult the Southern people may