The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-12
GsRRIT SMITH ON THE BAIllNG OF JEFF DAVIS.

GeRRIT SMITH ON THE BAlllNG OF JEFF DAVIS.
--~~~----~~~~-~--
On my return home from Virginia find in the news
papers ina correspondence lying upon my table mucn
dissatisfaction with my having signed Jefferson Davis
oail bond. One and another inquire why took this
STEP readily admit the right OF the public to know
my reasons lot any OF my public acts My hrst reason
either 70 his trial to his liberty. That the prisoner
should have speedy trial is general proposition which
no one combats There may have been sufficient rea-
sons Tor unusual delay in trying Mr. Davis hardly now
ever for delay OF two years But not even then was
there willingness TO try HIM; and this, too notwith-
standing Mr. Davis had. all this time been urgent Tor
his trial My second for signing the bond was
that the intelligent gentlemen who had the making up
OF the list OF names to upon IL invited me TO sign IT,
am too little OF lawyer argue the question whether
II was legally right TO admit Mr.. Davis TO bail
But am enough OF man to know that should have
shown myself to be very little OF man IT, after the
Court had decided the to be balable one, and
had refused to give IT. Why my name was selected
why Mr. Greesys WAS has never been told me- But look
ing as we both did. upon his long Imprisonment without
trial to be great cruelty to Mr. Davis and great
wrong to the millions imprisoned and wronged IN him
their representative, Mr. Greeley and could not have
been just men, and most emphatcally not mercifu men,
had We withheld names heard at Richmond,
cannot say how correctly that desired to have
persons sign the bond who would represent different
sections of the country and Its different kinds OF politics
Perhaps did not hear that tho Court desired this
certainly did not hear that required thus or made 1t
directly or indirectly q condition Of admitting Mr.
Davis to bail And yet 1t is easy to conceive that in
such . case as this the Court would and should
allow itself TO be less influenced by the public
sentiment and would and should feel Inorefree
did persons Of different parts Of the country and
different politics called for the action Even court
however single its aim to do justice should be- is
not in every TO disregard the public sentiment and
which assail Mr. Greeley admit that they would have
been willing TO have Mr.. Davis bailed exclusively by
southern men But they 40 not show that he could
need not another word TO justify my signing the
bond to show that was really under moral obi
cation to sign IT. WILL however, mention things that
would have evidenced my great inconssency-some OF
the perhaps, my peculiar inconsistency-had refused
/ TO sign It.
| Fra-From the time the South laid down her arms
had been writing and speaking TO prove that she ought
not to be charged with treason II must be borne in
mind that Mr. Davis detained prison under an IN.
dclment for treason, and for nothing sse This camor
ASSASSINATION OF the President and the starvation OF the
prisoners Is entirely unreasonable and unfair For
neither Of these offences has Mr. Davis been indicted;
and instead of narpng upon them in order prejudice
the public mind against the baing Of him, there should
have been the slightest reference to them any of
the structures upon that bailng Had Mr. Davis deten
ton in prison been under indictment for either Of
these Offences instead Of for treason Mr. Greeley would
pssaaps have declined going pau lor him Though.
would have been such an Indictment Mr.
Greeley's characteristic humanity would strongly
sympathizsd with the prisoner who had for
two long and weary years been pleading in
vain for his trial. Moreover Mr. Greeley, like every
just man. does not allow himself to feel sure that the c
cused guilty until he il found to be guilty. And he
thinks that thoy who that DR. Davis guilty Of
steps to bring him into court and prove his guilt
have right TO insist that others SHALL like themselves,
believe without proof and condemn without trial But
to return to my reference 70 certain Of writings and
speeches In these writings and speeches admitted
that had the North carried the under the consti
guilty of treason. But argued that she elected TO
carry under the law OF war-under international
way is easy 70 prove that bad she elected otherwise
our nation would in all probability have been perma-
the other under southern rule and tie presence SOUTH
| ern institutions The masses OF the South were in
quarter war-a 'black flag war; which makes it's
subjects very efficient for carrying such war; On
the other hand the more cultured masses of the North
would have said -"Le these barbarians go Let these
devils gol Rather than have such q upon our
| hands let the nation be divided" But, as I have
already intimated, the end might not have been the
division of the nation but the Southern ruling
Souhernizing Of the whole nation. The simple truth
s that made bargain with the South, however
may now be tempted to deny it or to break it. Our
Generals in the OF the surrender Of the Southern
armies recognized this bareain-this bargain that we
should treat each other not as traitors under consttu
tonal law but as belgerents under the law OF
The supreme Court Of the United states unanimously
meanness, tho revolving infsmy, OF our breaking
this bargain, now, when we have 1t in our power 70
to put the power Of victory How dims the glory
ana reduces the value q victory The shame Of defeat
power OF The holding Of Juarez other
Mexican chief for treason in case should conquer
breach or faith than is holding Jefferson Davis
it No wonder that the enlightened and sensitive
may from passion and prejudice as
to be ashamed Of this perfdy, but children win be
ashamed Of It. Who doubts for even moment that
North had she been conquered in this war; would
have claimed ct the hand Of her conqueror humani-
treason Are doing as would be done bys said
the law Of war knows treason add that treason
just when and where the acknowledgment Of bel
hgerentfights begins Reason teaches this Humanity
teaches this The political hberass Of Europe beseech
believe this They tell thai they under
take from time to time TO overurn their dsspotic and
oppressive governments, and that nothing could be
for them than whom, and then, they shall DO
conquered TO have In the power Of the conqueror 70
plead the example OF liberal America for charging them
with treason
Secnd-I have over held that sufficient reason why 10
should punish the conquered South is that the North
quite responsible the South for the chief
OF the var The North did quito much the South
70 uphold slavery; and let me add that she did 1t more
wickedly because caicuiatngly Slavery the
evil Inheritance Of the South but the wicked choice the
felt that she must take slavery for better for worse
for gain or for loss But the mercenary North cooly
reckoned the political commercial and ecclesiastical
profits OF slavery, and held 70 it.
Thsrd Another thing 10 prove my inconsistency had
refused 10 sign Mr.. Davis bail bond must Shrink
from mentioning. should be wanting in candor and
rankness did not admit that or the strongest indu
that the South had already suffered enough~yes and
quito too much BY the way OF my long cherished
doctrines IS that the sunerngs OF the conquered party
civil quite enough without superadding
punishmeuts a. the close OF It. A sad mistake Is u In
the present conquerng party Mexico to hold the con-
rary OF this doctrine IL argued that such punish
ments will and ntimidate, and thus to pre-
vent wars But sounder philosophy teaches that they
will exasperate and brutaze and thus tend TO multiply
wars The following OF the present Mexican with
bloodshed will help 10 keep Mexico land OF frequent
and almost incessant On the other hand the clos
ing it in the spirit of forgiveness would soften the
tons heart and prepare TO receive the seed OF that
higher civilization among whose fruits are the enduring
peace and established order for the lack or which Mex
though favored by nature Is stu so uuprosperous
and unhappy There is but legitimate and indeed but
peaceful way to prevent civil wars and that Is justice
on the part OF governments Had our government been
justever just entirely just, instead of being
fragrant oppressor OF the poor--ths horrd war would
not have been There would then have been no high
souled and Phliipses 10 agate, and no high
souled John Browns 70 feel hc uncoutroilabie inspa
tons Of their burning wordsv add that justice, deep
and loving justice the part OF one nation toward
another preventive Of foreign wars no less than
such justice the part Of government toward its
people preventive Of civil wars. Holding then,
| do the doctrine that the conquered nation
every civil war has suffered enough 10 the war 70