The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-11-26


From The London HraLd, Npsnlber g.
The trial of Jefferson Dsvis is commence next
week. The Chief Justice of the Supreme Court
has consented to lay aside the scuples, which in
duced him to refuse to held any judicial sittings
in Virgin while Congress keeps hat State under
martial law, and to preside at thi trial of the ex-
President OF the Confederacy. This must be q
cause of rejoicing TO all concerned, and especially
to the Government Of the Unite States MIR.
Chase is vehement and extreme partisan: but
the arrangements Of the Suprem Court do not
seem to permit or such an interchange Of districts
as would be possible in ENGLAND; and the alterna-
tive would be trial before JUDGE Underwood,
whose presidency would have rendered the
trial palpable mockery of justie. Mr.. Chase's
high official rank his political and personal
influence, and his legal education, render him
at least as fit representative Of Federal JUS
tice as any Republican. Judge could be: Or
course really fair trial Is an utter impossibility.
The issues likely to be raised areof party charac-
ter, on which every man In Americt has long ago
made up his mind; and it would scarcely be possl-
BILE to find in the whole area OF Union, an un-
biassed Judge or twelve perfectly impartial jurors.
Nevertheless it is honorable TO America that such
trial can take place without fear,f result that
would exasperate one half the nation and disgrace
the other Nowhere but in Eneand, and in the
English-speaking country Dey0d tho Atlantic,
could person of such rank b, tried on such a
charge with any show Of justice or any prospect Of
oher issue than condemnation to death. No
ono entertains the slightest fear for the life Of the
Conf ,derate leader Andthis is one satisfactory
consequence of the long delay that has taken
place
We have said that a really impartial trial is q
simple impossibilitg, and This, not only because
the aoeuitta or conviction OF the prisoner turns
upon constitutional question, which was for years
the subject OF angry controversy, and at last came
to be decited by The sword; but because political
parties are sull divided, are involved in that ques-
ton and must De at least formally decided by the
| verdict. Ii VI. Davis be convicted of treason, it
must be on te ground that the act of secession
was invalid, ad that citizen Of Mississippi owed
| the Federal Gternment an alltgiacce paramount
to that which Guild confessedly be claimed by his
| State. His acqttal would assert contrary doc
| trine-would pinounce that the States were SOW
ereign, at least far as the citizen is concerned,
and that secessn was valid act. Now, these
| are points on Will, every American partsan--and
| what American inot partisan ?-entertains q
strong and even agry conviction one way or the
other, conviction OF likely to be affected by any
| legal argument. Neteen-twentieths OF the white
citizens Of Virginlan their hearts believe Mr..
Davis to be legally Innocent. negro jury or a
| Radical jury would rtainly convict. But to put
negroes on the jury N such trial would be an
the most barefaced licking to collect jury OF
white Radicals. 1t is 'orthy Of notice that ano-
ther division Of opinionni interest, arising from
the collateral consequeies OF the opposite consti-
tutional doctrines, preNls among the Radicals
themselves. While mosof them, regardless Of
mere legal consistency, ssert at once the llle-
galty Of secession andhe right of Northern
conquest, others-amoDe we believe, is
Mr. Greely-perceive III these two theories
mutually exclude each DER. If secession was
invalid then the Southe States were never
tbs s96rieitnre 993G aHRs Of asta Of 9as
| States: and thus the condensation OF Mr. Davis
on the charge of treason wdd involve the legal
CONSEQUENCE that the Soutfn States are In full
possession of all their domeG and Federal rights
and would carry with it theondemnation OF the
whole legislation of Congressubsequently to the
var IF on the other hand, lcession was legal
Iv occomplished fact, then u South is conquer
Cd country. and must abidthe pleasure Of the
conouerors; but then Mr.. WIS Is not traitor
but a prisoner Of war. Teolcally, there can pe
M doubt that this dilemr is justly put; but
technical legality has been ntemptuously disre-
gorded in the recent legislan OF Congress. Still
f is worth while to note I'll the logical interest
of the Radicals lies not in @ conviction, but IN
the acouittal of the Confaate President; and
that more than one OF thepaders mas Deen Doio
enough to avow this fact 49,.
We sav, then, that the gtness Of the political
interests involved makes practically impossible
thot the trial should be tjone; that is that the
;ssne should be decided its legal merits, as
arrued before the courtpd that Mr.. Davis
shouId be acquitted or corted, simply as it ap-
!, noars that his conduct war was not technically
reasonable. But we do /, therefore, say that
!, the verdict is a ioregone cduson for we cannot
! tell what view the jury, tven the people, may
finally take of the very cplicated questions to
|, be brought before them. toweyer that may be,
: one on thing is earnestly d6d, and that is that
4 Mr. Dayis's conviction not be followed by
y any sentence implying nal punishment. In
. the first place, it is ar that tho moral
u responsibility Of his acts shared by the whole
' South and ought not be visited on any
E highest degree whether. ording. to the law, as
Y # Stood before the sword. modified it, his con-
N duct was not strictly conational. Thirdly, what
Will really be tried is not Davis, but political
doctrine and it is not juhat political verdict
. should bring punishmentan individual. And,
finally MIR. Davio is maho has already suffer.
II ed rcrsonal wrong and age whose dignltied
l, conduct in adversely, absnce from all political
o demonstrations, solcitatof sympathy or public
i display, has commandeeven more than his
IL heroic struggle for his cqy's Independence, the
re Animation oi the civil world and the for
Tclturo of his property Oh oicondamnation to fur
le ther Imprisonment, wouppear as vengea nee,
lC | opd unt oa iuStlCe.