The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-10-29
Ths Trial OF Davis.

1t seems probable that Jefferson Davis will
actually be tried for treason; and as the time
draws near it is impossible not TO feel some
as to the results and effect of that
proceeding. 1t is very easy to say, as the
whole country has been saying for the last two
years, that treason is the highest Of crimes,
and ought to be punished; but one instinc-
lively feels after ALL that this little argument,
conclusive as 1t seems, does not dispose Of the
whole case.
Davis is not to be tried simply as an indi-
vidual. His own punishment for his own
crime is not the sole object, or the main Oh
ieot, sought to be accomplished. 1t is the
Rebellion that is to be put on trial in his per-
son. 1t is the principle on which the Rebel
lion rested-the States that entered into it
the great community involved in its guilt,
which are to be arraigned before the judicial
tribunals of the nation; and the object Of that
arraignment is to procure solemn decision
on the case which is to settle the law for all
time to come, and leave no room hereafter for
the claim that any State has right to seoede.
But do we intend to admit by resorting to
such tribunal for decision, that there is
any doubt on this point nowl If a trial is
wanted, II must be wanted to decide some-
thing which is doubtful. II cannot be to affirm
something which is decided already. If Davis
is put upon his trial, that very act assumes
that his guilt is still open to doubt-that the
question is undecided; nay, on the assumption
that trial is required, he is, in the presump-
tion of the law, innocent, until the trial is
ended and his guilt is proved
Do we mean by this trial what the trial
itself thus of necessity implies DO we pre-
sume-do we admit, for a moment, that Davis
is innocent Do we not regard it as little less
than treason to doubt his guilt If Davis has
not been guilty Of treason-if secession was a
right-what has been the history of this nation
for the last six years but the most awful and
tremendous revelry of crime the sun ever
shone upon1 If he is tried, he may be ac-
quilted. Unless the trial becomes itself a
greater crime than the alleged offense-unless
what pretends to be solemn appeal to abso-
lutte and supreme abstract justice is turned
into a paltry and contemplate trick-we are
bound to admit that this man may go forth
from the bar relieved of all stain of guilt car
ryiDg the sanction of the judicial tribunals of
the nation for the whole tremendous trausac-
tion of which he was the recognized and re-
sponsible head. This nation certainly does
not consciously intend to pave the way for
such a result. We do not admit that shadow
of doubt rests on the question of Davis guilt.
We do not admit that the right or wrong of
secession is open to argumen, tor that it awaits
decision at the hands of any tribunal on the
face of the earth.
And the reason is, because the whole aues-
ton has been decided already-decded by the
highest of all earthly tribunals and beyond
all possibility of reversal or appeal. Nations
know no higher law than the law of force-no
higher tribunal than the field of battle Con-
stitutions and laws, senates and courts, have
value and force only as means of avoiding that
final arbitrament, and only while they succeed
in substituting other modes of judgment for
s4a Dat vIN,, - 1I,Is
to settle disputes, it holds no divided court.
1t takes jurisdiction of the whole case. 1t
does not allow its decisions to be called in
question, its judgments open to re-
viewal and reversal. Davis and the Rebellion
appealed to the sword to decide their contest
with the nation and the answer to that appeal
will stand as the verdict in the case, as the
law of the land, no matter what courts OF
States, or Congresses may say to the contrary,
until arms, in another appeal to force may
reverse it. 1t is not possible that trial
in civil court should add a
feathers weight to the dignity or the
solemnity of the decision that has been
already reached. The danger is that it will
detract from it; it must do that if it does any
thing at all. To submit a question over which
four years of war have been waged, for which
two million men have been under arms, and
half million have laid down their lives,
which has imposed upon the nation burdens
of debt which will affect the wealth and well
fare of hundreds of millions yet unborn, and
which has changed the political, industrial,
and social institutions of a continent and made
its mark, deep and indelble, on the history
of the human race-to submit such aquestion
to the solemn Judgment of jury of twelve
men, to be drawn without distinction Of race
| or color, not one of whom may have ever
seen law book or book of any sort, who
may be presided over by Judge Underwood,
| and whose verdict is to reverse this whole
current of our national history, if it has any
weight or any meaning whatever-is a pro
ceeding too broadly farcical to be regarded
| with entire oomplaceney. We think it is tt
| be deeply regretted that our Government has
| not been able to devise some means of saving
| us from it.
The forthcoming trial is very likely to do Vi
damage and discredit. We see no way il
which it can possibly do us good. If Davis
should be convicted, he will not be punished
no one believes for moment that he will be
either executed or imprisoned. His eonyic-
tion would not deepen the impression OF the
| guilt of the Rebellion on the public mind IL
the least degree; indeed, the fact that its gull'
is allowed to be solemnly called in question
| will infallibly weaken the public sense OF Its
enormity, and cause it TO be regarded as SUB
ject on which opinions may Justly differ.
he should be acquitted as he may be, the
consequences, especially on public sentiment
in the Southern States, would be still more
injurious. And considering the character ano
calibre of the presiding District Judge, the
mode of constituting the jury, and the pre-
vailing temper of the parties who nave con
troll of the whole proceeding, there Is reason
TO fear that steps may be taken TO procure; S;I