Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1867-06-05
The M.g. Ghrnuitle.
from the WashjnEton Chronicle
The Release of JeH Davis

- NJ 1~CAOAAoC VI - GAAs A(A@ no.
In the Chronicle of May Is is an
article on the release of JEFF. Davis, in
which some errors have occurred. You
justify Judge Underwood in admitting
JEFF. Davis to bail, and of course you
thereby sustain the Attorney General
in advising the District Attorney for
Virginia that the crime of Davis was
baIlable. In support of your position.
you say that Davis was indicted under
section 2 of the act of Congress of July
IL, 1862. In this you are N error.
Davis was indicted under section one
of that act, which provides as follows /:
''That every person who shall here
after commit the crime of treason
against the United States, and shall be
adjudged guilty thereof, shall suffer
death, and all his slaves, if any, shall be
declared and made free, or, at the
discretion of The Court, he shall be impris-
oned for not less than five years and
fined not less than ten thousand dol
lars, and all his slaves, if any, shall be
declared and made free, &C." u U.
S. Statutes at Large, 589.l
IL VIII OC bCC1 ALOLA NAAA5 dCb VI OOL-
gress that if Davis was convicted of trea-
son, his punishment might Be death, or,
Eat the discretion of the Court" fine
and imprisonment.
The act of Congress, of March 2,
1898, provides that
"Bail for appearance in any Court oi
the United States in any criminal cause
in which bail is by law allowed may be
taken, &c.
Provided, That nothing herein shall be
construed to extend 70 taking half in
any case where the punishment for TIE
otfenss maybe DEATH" (BrightIy's digest,
93)
1t will be seen from this act that
JEFF. Davis was not baiLable, because the
punishment provided by law for the
crime with which he stands charged
'may be death" In the recent parlia
mentary debate On Fenianism an Eng
lish lord made the remark that "high
treason seems to be about the safest
amusement which a man can allow
himself" However that may be across
the ocean, it is certainly true here.
And it is most remarkable that the
plainest provisions of law are utterly
disregarded, justice outraged, and the
loyal people of the country insulted by
the release of the great arch-traitoI
who doomed to all the torture of star
Vation the thousands who perished IN
the rebel prison-pens of the South.
In this connection it may be proper
to state what is very generally under
stood by the public, that the friends oi
JEFF. Davis expect to escape the dsatt
penalty which may attach to the crime
of treason for these reasons:
l. As to his treason prior to July II
1862, or, in fact, prior to the three
years past, they claim that it is based
by the three years statute of Limitation con.
tanned in the treason statute Of April
80, 1870.
2. As to the treason committed since
the act of Congress of July IL, 1865,
they assert that all he did was to ''as.
sist or engage in any rebellion, or give
aid and comfort thereto;" that these
acts are only indictsble under section
p, of the act of Congress of July IL,
1862; that in fact, since July IL, 1862,
there has been no treason.
They maintain this claim by decis-
ion of Judge Field, which is quoted
and commented on by Judge Lawrence,
of Ohio, in his speech in Congress, JAN
uary 4, 1867. Judge Lawrence said:
"In the case of the Unit ID States vs..
Chapman, tried October, 1868, in the
United States Circuit Court in the
northern district of California, before
Justices Field and Hoffman, the de-
PENDANTS were indicted under the sec
ond section of the act of July IL, 1862.
The indictment charged that the de-
PENDANTS did traitorously engage in and
give aid and comfort to the rebellion
by fitting out an armed schooner with
intent that it should be employed in
the service of the rebellion. to cruise
on the high seas and commit hostilities
upon the citizens, property and vessels
of the United States"
Mr.. Justice Field, in his charge to
the jury, said:
I'm 1870 Congress passed an act fix
ing to the offence the penalty Of death.
By the first section of the act of July,
1862, Congress gave q discretionary
power to the courts to infict the pen
atty of death, or fine and imprisonment,
providing that IN either case the slaves
of the party convicted, if any he have,
shall be liberated. The second section
of the act declares that if any person
shall hereafter incite, set on foot, assist,
or engage in any rebellion or insurrec-
ton against the authority of the United
States or the laws thereof, or shall give
aid and comfort to any such existing
rebellion or insurrection and be con-
victed thereof, such person shall be
punished by Imprisonment for a period
not exceeding ten years, or by fine
not exceeding $4,000, and by the lib
Grafton of all his slaves, if any he have,
or by both said punishments, at the
discretion of the court"
There would seem upon a FIRST ex-
animation to be an inconsistency be-
tween the first and second sections of
this act-the first section declaring a
particular punishment for treason. and
the second declaring, for acts which
may constitute treason, q different
punishment. 1t appears from the de-
bate in the Senate Of the United States,
when the second section was under
consideration, that it was the opinion
of several Senators that the commission
of the acts which it designates might,
under some circumstances, constitute
an offence less than treason.
"But we are unable TO conceive Of
any act designated in the second sec
tfon which would not constitute trea-
son, except perhaps, that of melting TO
a rebellion. IF we lay aside the discus
sion in the Senate, and read the sever
al sections of the act together, the ap-
parent Inconsistency disappears. Look
ing at the set alone ne conclude that
Congress intended
/. "To preserve the act Of 1870, which
piescribes the penalty of death in force
for the prosecution and punishment OF
offences committed previous to July
II, 1862, unless the parties convicted
are accused under the act Of the latter
date for subsequent offences.
2. ITO punish treason hereafter COM
mitted with death, or fine and impris-
onment, in the discretion of the court,
unless the treason consist in engaging
in or assisting a rebellion or insurrec-
ton against the authority of the United
States, or the laws thereof, in which
event the death penalty is to be
81