Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-11-29

really fair trial is an utter impossibility
The issues likely to be raised are of a parry
character, on which every man in America
| has long ago made up his mind; and 1T
would scarcely be possible to find, in the
i whole area of the Union. an unbiased
Judge or twelve perfectly impartial jurors.
| Nevertheless it is honorable to America that
such trial can take place without fear of
a result that would exasperate one-half the
nation and disgrace the other. Nowhere
but in England, and in the Engllsh-speak-
! ing country beyond the Atlantic, could
person of such rank be tried on such
charge with any show of justice or any pros
pect of other issue than condemnation to
death No one entertains the slightest fear
for the life of the Confederate leader. And
this is one satisfactory consequence OF the
long delay that has taken place.
| We have said that really impartial trial
is simple impossibiGty, and this, not only
because the acquital or conviction Of the
prisoner turns upon constitutional ques-
ton, which was for years the subject OF
angry controversy, and at last came to be
decided by the sword, but because political
issues of great Importance, upon which
American parties are still divided, are in
volved in that question, and must be at
least formally decided by the verdict. If
Mr. Davis be convicted of treason, it must
be on the ground that the act of secession
was invalid, and that a citizen OF Missis-
sippi owed the Federal government an al
| legiance paramount to that which could
confessediy be claimed by his State. His
acquital would assert a contrary doctrine
would pronounce that the States were
sovereign, at least SO far as the citizen is
concerned, and that secession was valid
act Now, these are points on which every
| American partisan-and what American IS
not q partisan ?-entertains strong and
even angry conviction one way or the 9TH
er, conviction not likely to be affected by
any legal argument. Nineteen-twentieths
of the white citizens Of Virginia in their
hearts believe Mr.. Davis to be legally in
nocent. A negro Jury or Radical jury
would certainly convict But to put ne
groes on the jury on such q trial would be
an outrage on justice and decency, and it
would need the most barefaced packing to
collect a jury of white Radicals. It is
worthy of notice that another division OF
opinion and interest, arising from the col
lateral consequences Of the opposite consti-
tutional doctrines, prevails among the Rad
icals themselves. While most of them, re-
CARELESS of mere legal consistency, assert
at once the illegality Of secession and the
right Of Northern conquest, otherS-among
whom, we believe, is Mr.. Greeley-perceive
that these two theories mutually exclude
each other. II secession was invalid, then
the Southern States were never out of the
Union, and the acts of individual citizens,
however numerous, could not involve the
forfeiture Of the rights of the States ; and
thus the condemnation of MIR. Davis on the
charge of treason would involve the legal
consequence that the Southern States are in
full possession of all their domestic and
Federal rights, and would carry with it the
condemnation of the whole legislation
of Congress subsequently to the war
If, ON the other hand, secession was
legally accomplished fact, then the South
is a conquered country, and must abide
the pleasure of the conquerors but then
Mr.. Davis is not a traitor but prisoner of
war. Technically, there can be no doubt
that this dilemma is justly put; but tech
meal legality has been contemptuously
disregarded in the recent legislation of
Congress. Still it is worth while to note
that the logical interest of the Radicals
lies not in the conviction, but in the ac-
quital of the Confederate President and
that more than one of their leaders has
been bold enough to avow this fact
We say, then, that the greatness Of the
political interests involved makes it prac-
tically mpcssible that the trial should be q
fair one !; that is, that the issue should be
decided on its legal merits, as argued be-
fore the court, and that Mr.. Davis should
be acquitted or convicted, simply as it APP
pears that his conduct was or was not tech
nically reasonable. But we do not, there
fore, say that the verdict is d fOregone
conclusion, for We cannot tell what view the
jury, or even the people, may finally take of
the very com plicated questions to be brought
before them. However that may be, one
thing is earnestly desired and that is, that
Mr.. Davis's conviction may not be follow
ed by any sentence implying actual pun
ishment In the first place, it is clear that
the moral responsibility of his acts is
shared by the whole South, and ought not
to pe visited on any single man. Next, it
is manifestly doubtful in the highest de-
gree whether, according to the law, as it
stood before the sword had modified it, his
! conduct was not strictly constitutional
Thirdly, what will really be tried is not
Mr.. Davis, but political doctrine and it
is not just that political verdict should
bring punishment on an individual. And
finally, Mr.. Davis is man who has already
suffered personal wrong and outrage
whose dignifed conduct in adversely, alb
stinence from all political demonstrations,
solicitation Of sympathy, or public display,
has commanded, even more than his hero,
, ic struggle for his country's independence,
the admiration of the civilized world and
the forfeiture of his property or his con-
domination to further imprisonment, would
! appear as vengeance, and not as ] Justice.
An Immense Tunnel.
The most stupendous tunnel enterprise
, has lately been accomplished at the silver
: mines in the German Hartz mountains.
, The mines were over 5000 feet deep, and
-, e .,ol