The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-04-03
The Organ on MIR. Davis Case.

can, OF Thursday, under the heading
"Why JEFF Davis hasnot been tried, 4"
says:
The people of the North, at large,
are asking why JEFF. Davis has not
been trieG for his crimes, and radical
politicianc, in and out of Congress,
have chosen to allege or insinuate
that the blame for this apparent ne
glect rests with the President. From
respect to the judiciary, as well as
what are usually termed treasons of
State" we have. hitherto refrained
from writing anything upon this sub
ject. We are not insensible of the
difficulties by which this matter is
surrounded, land they are almost as
numerous as the birds of the air or
fishes of the sea.) Nevertheless, the
high character of modern civilization
in this hemisphere, every notion we
ever had or have of Magma Charta,
or of constitutional law, and every
idea of political expediencS, as well
as justice, impress us with the belief
that the greatest offender against the
laws of any nation has the right to be
tried and convicted or acquitted by q
jury of his peers.
William Lloyd Garrison, of Boston,
Gerrit Smith, of Peterboro, and
Horace Greeley, of the New York
Tribune, have regaled, and, perhaps,
corrupted the public mind with
the idea that JEFF. Davis is not guilty
of treason under the Constitution and
hws. The marrow and drift of the
latest resolutions respecting the as
sassination tragedy are, that Davis
did not give his assent to assassina-
ton, but only to the proposal for
capturing President Lincoln, his ca
binet, Vice-Prcsident johnson and
Gen. Grant, and of holding them as
hostages. Everybody has had his
say on these subjects; very consi-
derable time has elapsed; John H.
Surratt has been brought home and
turned over to the authorities, and
yet nothing has been done towards,
or even looking towards, the trial of
Jeff. Davis. The President has failed
to get the Circuit Judge into motion /;
Congress has hitherto declined to try.
So that we have the singular fact
staring us in the face to-day, of a
Chief Justice of the United States
who is, by virtue of his office, Cir
cult Judge as we'll, and the only Cir
cult Judge who has jurisdiction of
the niSi prius part of this matter,
neglecting to hold any Circuit Court
in his district. And is it not as as
tonishing as it is singular? Who will
answer?
Chief Justice Chase is understood
to be the Northwestern can didate
for the next President. He is sup
posed to be the special favorite of
Ohio. What can Judge Bingham or
any other Ohio Representative or Sc
nator say in defence of their candi-
date for this dereliction of duty? Do
they justify the Chief Justice in this
apparent course Of inaction, whilst
they seek the slightest pretexts to
find fault with every member of the
Executive Department.? Will not
some bold member of Congress in
quire into this matter? Why-we
desire to know-why does not Chief
Justice Chase endcavor, at least, to
hold Circuit Court in the district
for which he was appointed? Is it
to avoid the responsibility of trying
jeff. Davis?
1t has been the opinion of the best
lawyers in the country that Jefferson
Davis is guilty of treason. We all
know that he has been a great Of
fender against the Government; but
as he was not killed in the war, he is
certainly entitled to be tried by q
court, or released from prison.
Every idea of Chistian civilization
is repugnant to the notion of leaving
him, as some say, ''to rot in prison."
The keeping him there ulHc. used
and untried for any offence has too
much of the Bastile and Castle Moro
about it to suit us; and we know very
well that it does not slrit the people at
large any better than it suits us. 1t is
high time that some action was had
III this matter.
Chief Justice Chase, rs long ago
as October, 1860, expressed the OPT
Mon that Congress should provide
some way for the trial of jeff Davis.
If this be so, then why does not Con-
gress attend to this business before it
adjourns? if the cenue needs to be
changed, why does not Congress,
which claims to be almost omnipo-
tent in such matters, change it to In
diana, or Ohio, or Pennsylvania,
where Jeff. Davis army ran0ad md