Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-05-24
Mr.. SUMNER presented in the Senate Il
other day the following petition:

| ing lahgui;Se: II Nsays mat paper)--
Is fair illustration Of the prevailing feeling Of
| apprehension that justice may be cheated in the
case OF the great arch traitor. OF his guilt they
| know there can be no doubt. II is patent the
sun IN heaven at midday. The conviction off is
as universal and as pervading as the air in which
we live and move and veil of sOphistTy can
conceal IL. People scarcely have patience to sec
| days consumed in taking evidence AZ TO facts
| which have passed into the history of the world
| and stand conspicuOusly in its blacklist pages
they feel FESTIVE under the prospect of long, in
| genious aud elaborate arguments as to technical
points OF law, when the voice Of the law aud the
| Constitution. both of which have been outraged
| by crimes OF fendish Nervousness, cry aloud for
the execution of justice. This feeling may not be
an argument TO set aside the forms of civil trial
| and proceed 10 more summary measures but il
should be an Impressive warning 20 those who
entrusted with the administration Of the laws that
should there be any connivance at evasion their
| provisions, OF any asylum afforded in mere legal
qqiIipples. the storm OF popular Indignation which
VIII DC aroused If the culprt thus escape will be
| fearful one TO those who have TO breast it.
Mr.. DAVIS can be arraigned and tried for
but one ofense-treasOn against the United
States, which is defined by the Constitution
to be levying war against them, or adhering
to their enemies, giving aid and comfort.
The Constitution also says that no person
shall be convicted of treason unless on the
testimony Of two witnesses to the same overt
act or acts alleged in the indictment, or by
his confession in open csurt. 1t says, also,
that no person shall be held TO answer for
capital or otherwise infamous crime, except
on pTesentment and Indictment of a grand
jury, (unless he be soldier or sailor in &C
tive service in time of war or public danger,
and that the accused shall enjoy the right
to a speedy public trial by an impartial jury
! Of the State and district wherein the crime
shall have been committed, which district
shall have been previously ascertained by
law; and that he shall be informed of the
nature and cause of the accusation, and con-
fronted by witnesses, and have compulsory
| process OF. the courts to obtain witnesses in
his favor, and the privilege of counsel for
his defense.
The fool VARANNAs who signs the petit
ton above given, urging the summary pro-
cess of court martial as prompt and easy
mode of accomplishing the murder of Mr..
! Davis, may be excused on the score of ig-
norance. He belongs to the class of dupes-
simple people cozened by arrant knaves like
the editor Of the Chronicle, and phrenzied
by the rhetoric of SUMNER and his kind.
Nothing better could be expected from
them, and nothing severe should be said
against them. They are not responsible for
the criminal folly they commit
But what shall be said of the leaders who
incite such feeling, and then approve and
| applaud the madness to which it leads
Mr. SUMNER, who gave this paper the dig
nifty of a Senatorial presentation, and the
Chronicle, which publishes and endorses it,
know that the condemnation and execution
! of JEFFERSON DAVIS in the manner sug-
gested by this New York soldier, would
be n national crime outweighins in
enormity and atrocity all the crimes,
r-'-.-i- ILL., -.i;-I- I---- --..~..I.I -
civil war from its close TO its commence
ment. They know there is not a shadow of
a pretense to exclude Mr.. DAVIS from the
right of trial before the civil courts, and to
afford him every privilege which the law
allows him. They know he is prisoner of
State-that the offense charged to him was
committed against the civil, and not the mill
tary law-that he was not taken with arms in
his hands, for at the date of his capture the
force which he commanded was surrendered
and dispersed They know that his crime
is wholly and solely within civil jurisdiction,
and that they have no excuse for pandering
TO the ignorance and malignancy which
asserts that the ends Of public Justice can be
attained by the murder of Mr.. DAVIS under
military forms. They know that such an act
would be virtually as reasonable as anything
which can be imputed to Mr.. DAVIS, for it
would be as willful and fragrant violation
and infractiOn of the Constitution as the
levying of war against the Government; it
would be a hideous mockery Of justice and
in shameless derision Of the enlightened
conscience Of mankind pretended sacri-
fee to the offended majesty Of the law by an
act, which, iffollowed as precedent, would
extinguish every vestige of the spirit and
the principles in which the laws of free gov
enments are founded.
Mr.. SUMNER and his co-workers who
have been in the daily commission of treason
for years, and who are conscious Of the fact,
would fain mitigate their own mis-
deeds by magnifying those they inn
pute TO Others, and think by Il swift
and bloody death to Mr.. DAVIS sanctioned
under the forms of law, and the sending
him forth for the judgment of the world and
from themselves. This is an explanation Of
the rancor which they exhibit towards him,
and strive 10 excite in the minds of their |
followers, and they would make the road |
to punishment straight and simple, in the
hope that its prompt execution perchance
may "trammel up the consequence
The men who made the law and defined |
treason never intended that knavish and |
prohigate men of this stamp should take
advantage of temporary political power to
commit such outrages. They had read histo-
~ to some purpose, and knew that the great
est crimes it recorded were executions for po-
litical opinions sake; and besides that, their
own garments were still rank and redolent
from rebellion against the tyranny Of George
III and Lord North. They were careful to
safeguard those who might be attaintcd of
treason-they feared the desperate means
which ambitious politicians might use to
perpetuate their power-they made the law
moi only TO presume innocence from treason,
but impossible to establish it, except upon
positive proof and careful scrutiny of the
These ferocious patriots who are clamor-
ing for Mr. DAVIS blood, find this wise pro-
vision Of the law lion in their path. and
while their leaders shrink from openly defy
ing il, they are endeavoring TO educate
public opinion among their deluded follow
ers which may shield them in the baseness
of attempting to evade it, and serve as pro-
lection against the storm Of indignant wrath
which they know full well deed 50 foul
would bring upon their heads.
The gentleman who reports by special