The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1867-06-06

E3-THE editor of the STANDARD asks us If we
believe there was no just cause for furnishing JEFF
! ferson Davis? We answer that we unquestona-
bly, believe tina there Is no legal power to punish
a man. until be has been found guilty of some
/ ofense or crime and that the holding OF MIR.
| Davis in durance vie for the period Of more than
{ Two years, was an unj ustiliabe and outrageous
/ act OF injustice We thought Mr.. Maekler was
| lawyer enough to understand that all prisoners
are presumed TO bc Innocent, until thev are proven
! to be guilty; aud ina much as we have no legal
evidence of the guilt of Mr. Davis we must
conclude that there was no just cause for holding
him prisoner in violation of law, thereby an-
! nulliug the Constitution which declares that all
, persons shal have the right to speedy trial Mr.
/ Davis may have erred, but We honestly believe
that be is 100 pure christian to be guilty Of a
crime. and II our Courts are pure aud free from
/ prejudice they will view this subject in the same
| light notwithstanding the opinion of Lord Chief
Justice MackleN to the contrary Herald.
Come now Doctor, you are trying to
dodge the issue. We never claimed
that it was right to hold Davis without
a trial, only for reasonable time. The
issue between us is, whether he had
committed crime, and deserved. pun
ishment. You finally say that he did
not commit any crime, as he is, in your
honest opinion, too pure Christian to
be guilty Of crime
Now Doctor, your party claims to be
a great stickler for the constitution of
the United States We believe that
this claim is fallacious, for several
reasons.
Article Sd, Section Sd, of the con-
stitution OF the United States provides
that
'Treason against the United States shall con-
sist only In levying war against them or in ad-
herring to their enemies, giving them aid and
comfort"
1t then provides that no person shall
be convicted Of treason unless upon the
testimony Of two witnesses, or upon
confession. This provision is for the
safety of the citizen. Now we under
stand your party to claim that no trea-
son can be committed against the United
States, but only against the individual
States, they being sovereign. Congress
has provided that treason, as defined in
the constitution, is a crime, tho punish
ment whereof is death.
That Jefferson Davis did levy war
against the United States, and act as COM
mander-in-chief Of the forces that were
warning against the United States, even
DR.. Monahan will not deny. This is
just the kind of case had in view when
the constitution was made The levy
ing war by foreigner could not be
treasonj that could only be done by a
citizen.
Congress has express power to declare
the punishment of treason. See Madi-
son Papers, 137l-77. Ex Parte Boil
man, 4, Cranch, IT, Burr's case, A
Cranch, 47O. Story's Charge, l Story's
Reports, 6l4.
Congress has declared that treason
shall be punished by death,
Judge Walker in his introduction to
American law, page 5l4, says:
"TREAsoN.-This oiiensc stands highest on the
list Of crimes because II strikes directly at the
welfare Of society. Being o violation of that
alleglence, which every citizen owes TO his gov
ernment, 1t can only be committed by citizen"
And see also act of l79Oi Story's
Commentaries, lG9j 4 Blackstone's
Commentaries, chapter 6 , Burr's Trial;
2 Dallas, 34Gi GreenleaPs Evidence,
sec 237.
And yet Jefferson Davis is too pure a
Christian, according to DR., Monahan,
to be guilty of any crime!