The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1867-01-03
aaSersolt ymelIige1rter =,
Thad. Stevens on Mr. Davis Case.

Sylvanla Radical leader mas created quite
q Autter, and hence we make no apology
for reproducing it at this late day. The
Atlanta EsteIHgencer says that the unex-
pected announcement of Stevens that
President Davis could pot be convicted OF
treason. and that he could only be tried
as a 6slligersnt has created profound
sensation, particularly among political
friends some of whom now allege that
he is soured and means mischief to his
party, because of their having ignored his
leadership in the House The bill which
called out this utterance from MIR. Ste
vens, was that introduced by Lawrence
to hang. JEFF. Davis-for that was its oo-
icct-which was up for consideration and
discussion on the 11th of December. We
copy below full report of the remarks
of the Pennsylvania agitator, and COM
mend general perusai:
: Mr. Stevens, of Pennsylvania, obtained
tbe floor and said: Mr.. Speaker, l ap-
proach with great distrust all bills of this
!, Kind. which are evidently. brought for
ward for the purpose of ascertaining how
z1Te can convict men whom we cannot
convict under laws existing when the
8 crimes were committed. l do not believe
that it becomes this nation-l do not be-
lieve it is safe for us to undertake to pass
laws by which we can or may be able to
punish men, however guilty, that could
not be punished under the laws existing
when the crimes were committed. Could
we now change the Constitution so as to
change the place Of the trial of traitors,
to saw that the venue might be changed,
and that they should be tried by jurors
summoned from another bailiwick! The
Constitution and our laws provide very
carefully that, especially in the case Of
treason, the party charged with the crime
must bs tried at the place where the overt
act was committed, in district previous
" ascertained by law, and by o jury from
that bailiwick. Now, any law which
processes to change that in any respect
looks to me so much like an attempt to
commit judicial murder that ! have al
.ways been afraid to attempt it. l am
afraid that the traitors in the South, if
tried under our existing Constitution and
laws, will not one Of them be convicted.
I should never attempt to try them TOR
treason-I would try them as belligerents
under the law of nations and the laws OF
war.
Mr.. Lawrence of Ohio. We have no
reason to expect of the Administration
any such trial. r
Mr. Stevens. am stating what l
would do if were the Administration.
rLaughter.1 Now, although I would not
discourage trials for treason, mention
this to show that I am convinced that
Z none of these can ever be convicted OF
treason under our present Constitution
and laws; and yet I would rather let
every man of them go unpunished for
ever than make law now by which they
could be punished. l think our govern
ment would be endangered in its future
existence, in its sense of justice, in its
character before the world, by conduct OF
that kind, more than it would by endur-
ing the evil. I think the British govern
ment suffered more from its murder Of
Russell, although it was done by means
-of court condemning him, than it would
have done had he been suffered to escape.
It was by Just such contrivances as this
that that judicial murder was effected,
and by which the British government
suffered more than it would have done by
the escape of forty traitors. think our
government had better be careful how it
Hampers with the crime or the remedy. 1t
had better treat them as guilty partly Of
O. political ofense and partly of offenses
usasum in re, than now to attempt to pass
laws because otherwise the malefactors
might escape. This processes to be bill
to makeindefnite the prosecution Of those
offenses which of all others should be
quieted by lapse of time. Although trea-
son is as higha crime as can possibly be
committed, yet there are 80 many engag-
ed in the crime of treason and in rebellion,
and in my judgment there must be some
.uuieting law, and in my judgment there
ought to be-. Now, it does not follow
that every traitor will escape who is not
prosecuted within three years of tho time
of the commission of the offense. The
statute never runs in any case, unless it
is possible to enforce the remedy 1t
only runs from the time it was possible to
enforce the remedy. For instance, l will
refer you to the men now in Europe
Benjamin, Slidell and others; | do not
suppose that anybody will say, that while
they were absent beyond seas the statute
of limitations would run. The statute
would begin to run when the time arrived
that they could be prosecuted: But
whether that be or not, still, during the
time of war; during the prosecution Of the
war, the crime continued; it was con,
tinuing offense, and the offense continued
MP to the time when peace shall be pro-
claimed, which it never yet has been. /