The national Republican., 1866-10-15
THE TRIAL OF JEFF. DAVIS.

Upon our outside to-day will be found the
official correspondence between TIE PREsr-
DENT, the Attorney General, and the United
States Attorney for the District Of Vir-
ginia, relating to the proposed trial OF
JKrr. DAVIS. 1t explains the whole subject
so clearly that it is not necessary for us to
20 over the facts again. The Cher Justice
Of the United States Supreme Court has it
in his power to try JEFFERSON DAVIS when
ever he pleases. The President has never
stood in the way Of such trial for one mo-
ment. Congress has named the day when
the case shall be tried il the Chief Justice
chooses to hold the court. The court can
have possession Of the body Of the prisoner
whenever it pleases. JEFFERSON DAVIS can
be tried in the United States Court as one of
the party connected with the assassination
of ABRAHAM LINCOLN il there are facts war
ranting such trial just as well as he can be
tried for treason. Governor Boutwell,
was lawyer enough to know this when he
reported to Congress, from the Reconstruc-
ton Committee" in July last, " that it is the
duty Of the executive department Of the Gov
ernment to proceed with the investigation of
the facts connected with the assassination Of
the late President" &C., to the end that he
"may be put upon trial" War is over. The
country is tired Of military courts. The
President does not wish to exercise the war
power in any matter where the civil author.
tiles can and ought to assume jurisdiction.
If the courts can try cases for the highest
crime in the calendar, it is absurd to assert
that they cannot try for lesser offence. No
man knows this better than the organ Of the
Reconstruction Committee s.
Boutwell,. II The PRESIDENT had ordered
court to try JEFF. DAVIS for completely in
the assassination Of ABRAHAM LINCOLN, the
radicals would have set up howl against
him that he was exercising q prerogative
which did not belong to him ; that it was an
arbitrary and unjusti6able infringement upon
the rights Of the courts; q hardship upon the
citizen, &C., &c. Mr.. JOHNSON has not deemed
it proper to exercise that power because it is
not necessary any longer to subordinate the
judiciary to the military. There is not a
sound criminal or constitutional lawyer in
the land who, if left unprejudiced by politics,
will not admit that The PRESIDENT is right in
taking such position.
But it seems to US that there is another
and still more important question to be
settled by the Supreme Court before we pro-
ceed to the trial Of JEFFERSON DAVIS 1t is
this: HAS State the right to secede ?" We
have only settled, by the strong arm of the
military, that eleven States did not get out,
and have by the same force declared to the
world that they shall not go out. So far so
good. The opinion Of the leading men Of
the South that they had the right to go out
has never been judicially settled one way OF
the other. Suppose, upon careful consid
GRAFTON Of that subject, the Supreme Court
the highest judicial tribunal Of the nation
should decide that State has the right to
secede-what follows? Why certainly that
JEFFERSON DAVIS and his followers commit
ted no treason for doing just what they had
a legal right to do.
Now, we do not believe that the Supreme
Court would make such decision. On the
contrary, we believe that Bench would de.
cide-perhaps unanimously-that no State
has the right to secede. Such decision is 9
judicial settlement Of the question.
Then we have the military and judicial
verdicts against the right Of State to secede
from the American Union. In the face of such
rendering JEFFERSON DAVIS committed high
treason. Upon that charge, at the proper
time, let him be tried and punished accord
ing to law. The President is anxious that
the trial should take place. The people are
impatient on the subject; also Mr.. DAVIS
himself The only impediment to his ar.
raignment is the Judiciary. In this connec,
ton we regret to observe that Chief Justice
CHASE announces that he will not hold court
in his circuit until after December next.
This is another postponement. Wemust say
that we cannot understand the reason why
the Chief Justice SO persistently delays the
trial of JEFFERSON DAVIS. lie must explain
it. We cannot.