The Tiffin weekly tribune. (Tiffin, Ohio) 1859-1868, 1866-03-08

H u y
extinct, but living among the disloyr
Of the South and their sympathifer
North. Even President Buchanan
10 his last annual message, denied th'
power Of Congress "to make wal
against State" lie is bad citi
seu who condemns al judicial opin
100. for whom rightly settled IL bo
comes part Of the Constitution ant
laws, and carrics conviction 10 tht
minds Of the people when force opc
rating ON fears alone may not. A ju
dicial condemnation Of secession doc
sanctify Ia history with sdditiona
weight. not only the irrcversible YER
diet OF war, but the justice Of ou
struggle to achieve il.
He who asserts that an adverse ju
dioial decision---a conceded impossi
bility-can change or impair the ver'
dict of war, fails TO comprehend mo
magnitude of lis results, and disrus''
the LOYALTY of the people. no, no.
Tho h.tionsI life does not, cannot de.
mend on the fate Of traitor, or the
Judgment of conrt.; but the nation.
al Justice will be shocked If all trea.
SON shall 90 unpunishcd, or if the
nation is imbccilc, judicially to de.
clare IL crime,
Those who oppose civil trial lest
failure should result must oppose mill
tary trials for tho same reason they
would shield traitors from all punish
mcnt.
"The President deems il expedient
that Davis should first bo put upon
trial before civil court. Letter oil
Secretary Of Var, January 1.
lie knows the evidence of treason
is undoubtcd he may know the proof
for military oHcnsc, aud tribunal is
less ample.
/ might prefer tho military trial
first, but We cannot control or dictate
the order Of proceeding.
The President demands civil, not
military trial, and this is better than
none The forty rebollions in the
last eight centuries of English histo-
ry furnish abundant examples Of civil
trial, but not one of n military trial
for treason or conspiracy mcrcly.-
Mr.. Bishop declares that competent
jury caRnot be procured, but | affirm il I;
eau. >
Chief Justice Marshall, in Burr's
trial, referring 10 case whore there
might be an "obvious impcssibility 50
Of obtaining Jury whose minds were p
not already made mp, as in agrcat re. u
bclliou, aud speaking Of the ordinary b
rule as to Jurors, declared that in such a
case, "whcn this necessity exists, the u
rule pehaps must bend TO it, And IL
80 Jurors would be competent who ~
could impartially try cases notwith. u
standing their opinions of general s'
guilt against conspirators. Jurors '"
generally will have no opiuiens as to &c
the particular acts Of treason which 10
may be charged in the indictment y'
and bill is now pending in the 9th &c
er end of this Capitol making jurors Sc
competent who can impartially try al
dhe accused c.
Tho Marshal, loyal at least, under al
this Administration, may, by act of OF
Congress of September 81, 1889, se- p'
lect jury "irom such parts Of the OF
district [the whole State, from time
to time, as the court shall dircct." -
q Stat 9s) m
BY the act Of Congress OF juno II, b,
1862, the court may exclude all who e,
have "adhcrcd TO any rebellion,
since justice demands that treason A
should not be tried by traitors. 1,
In the whole State of Virginia
there are thousands Of competent ju- ;,
rors, men who fed from rebellion and v
have since returned, besides northern u
citizens now there. Il
fnErREslDENTwILLP PUNISH TRAiroRs n
Any citizen may volunteer advice q
to be President in relation to the cx- q
ocutlon Of \ civil sentence, and surely
Congress may DO as much. Enlight
cned history gives the precedent for
this tHowelrs state Trials, 1880; . v
Stripes Annals, l3i , Wards Law a
ofNatious, 3i5 IL State Trials, S07.) } N
But we tender no advice we mere. =
" indorsc the Presidents policy as
declared by himself lu tho Senate,
March 2, 1861, the now President o
then Senator, said |,
"ShOw me who has been engaged
in these conspiracies, who has fred |
upon our flag, who has given instruc- e
tions to take our forts and custom
house, and Msenals and dock yards, \
and viii sLov you traitor. Were i
President Of the United States, ! I
would do as Thomas Jefferson did in y
1906 with Aaron Rurr. | would "
have them arfested, and, IL convicted :,
within the meas,ng and scope of the n
Constitution, by the Eternal God | n
wouldexeoute them. '--AaSrer .JoLn.
son, N me Uaited States Senate, March v
= 1861 Congressional GloLs, vol. Il, II
part ,, pages l35l-l3Sl. u
And this is but a repetition fNhu '
the great Commoner, Henry Clay, in 4
The Senate in 1850, in speaking Of Mr..
Rhe,t now iuiamously notorious dc. I,
elared, when he said 4
" he pronounced sentiment, at.
tributed to him, of raising tho stand.
ard Of disunion aud resistance to the
common Government, whatever he /,
has been. if he follows up the deola. |,
ration by corresponding overt acts, he
will be a traitor, and hope he will /
meet the fate of traitor."-.l6 Ben.