New-York tribune., 1867-05-28

oner in Fortress Monroe. The telegram which conveys
and that Mr. Davis under bonds appear before the
Court In November next but is evident that the inten
ms Imprisonment has been for more than year past
Of M 20 Rde SaTe nS SpG sceed e 10
qenOunce the prolonged confinement without trial as
with Which ~ ne nn de Sse O was cn ote 70
deal At the time when the assassination of Mr.. Lincoln
had throwD the whole country into frenzy of passion
ate desire for vengeance and when Mr. Davis sup
posed TO nave instigated the crime the Government
military courts which were organized at the close o1
the war; Fortunate was it for the good name Of the
eeedng till the passions of the country had time To cool
It is known that the evidence which the suspicion
Conover who was the Titus Oates of the day expatng
in pententiary at hard labor convict the double
the admission made that the nfo tunatc Mrs Suratt
%s % Of the oenSe FOR Which ShG G was S no
by being kept with her head tied mp IN sack TO exclude
the most ultraRepubcan. begin TO give out hints that
young Surratt himself, who bounded over three
eene9s cent Certain xa a a h eOns aTe IN % Tan
been urging his trial, and that it Is the Govern
tho dangers Of military commissions Mr.: Davis was
happily delivered partly by the vain search Tor evidence
President Johnson whose devotion to the nnon OF the
States extreme his reverence for the Constitution
of his country sincere made up his mind that IL
essential for the future security of the Government to
have judicial decision declaring secession TO be treason
His favOrite idea Om the beginning OF his administla-
tOn has been TO procure the contemplation OF Mr Davis
supreme Court, not with view to the exIresldSnts
DEATH but in order TO add the sanctions ofIhe highest
legal auhortyn the country TO the judgment pronounced
the appeal TO arms lie desired TO combine legal
and moral victory with the physical triumph obtained by
the North, a fresh security for the future peace
OF the nation. The hope, however, was delusivc.
Assert itsas they may. the Northern people know
IL be unique that the Southern leaders were In any JUS
tifabe sense Of the word, Rebels" The States
States as organized Governments, had seeded from the
Union aud no denied that an American was u
citizen Of his State as well as Of the United states When
his allegiance to his State came into conflict with his al
legance TO tho UmOD and ne driven 10 choice OF
sldes. he could at the utmost commit of udg
il he supposed the claims OF his state TO bc para
mount. He neither traitor nor q Rebel, and the
common sense Of mankind with d" unerIing instinct
prOnounces that he simply citizen OF state at
war with a General Government which asserted the
power to enforce its obedience under Federal
bond. 1t soon, therefore, became evident 10 Mr.
Johnson that conviction was impossible. Mr.. DAVIS
would not ask for pardon because that would virtually
have been to plead guilty the difficulty could not be
gracefully evaded under cover Of magnanimity in CON
d0ning Ofense An unconditional release wOuld be
tacit admission that the prisoner had committed no
wrong and would thus virtually amount TO reversal of
the sentence pronounced by armed force What 10
be done The last possible eXpedent to release the
prisoner condition that he should appear when called
10 meet trial that will never take place ana this IS
the real sGnitcaOn Of the teegTaphc dispatch which
we have just received"