The Montana post. [volume] (Virginia City, Montana Territory [i.e. Mont.]) 1864-1869, 1867-03-30

assassination at any time. by rebel
hands, would have been disastrous, and
none knew this better than Davis. OF
the charge of treason he is guilty, be-
yond the shadow of a doubt. 1t consists in
" "levying warngainst the United States
or, In sdhering TO their enemies, giving
them aid and comfort" OF the levying
of war and the identity of the man there
is no question. The submitting of tes-
timony and leaving of the question be-
tween Davis and the Government to q
jury of twelve men is merely a technical
necessity, and it appears rather farcical
that, after the long years of war and the
rivers of blood, and the grassy graves
and bleaching bones of half million of
loyal soldiers as testimony. ths United
States Government must put a dozen
men in jury box and prove by two wit
nesses that jeff Davis is'guilty Of tres-
son, and that overt acts have been com
mitted against the United States.
Wepresume the charge will be con
tested on the ground that recognizing
the South as belligerent power excuI-
pates him from the crime of Treason.
This, however, does not follow. Tie
Government of the Southern States msy
have lapsed, and the existence of an
armed hostility to the Government be
recognized, and exchanges of prisoners,
etc, take place, yet the only branch of
Government having authority to recog
nize form of government as existing in
any State, as required by the Constitu-
tion, has not recognized any government
existing in the rebellious States during
the war, nor could they. We cannot see
/ that by their recognition as belligerents,
the status of individuals charged with
treason has been changed. But who is
to constitute the jury on this trial
Certainly not rebels. If so, the trial is
a farce, and if he be allowed the ordina-
ry privilege ola criminal, how shall 10y
al men be placed there Supposing he
should be found Not Guilty :" the only
inference will be that no rebellion has
ever existed, and that treason to the
United States is an impossibility.
Should he be convicted, tlfen follows
the punishment. The statute of April
80, 1870, defines that, ANY person,
owing allegiance to the United States
and proven guilty of treason, shall suf-
fer death" By the act of July 81, 1861,
a punishment was defined for conspir-
ing against the Government of the uni
ted States, but does not specify whether
citizens or aliens, or does it imply that
conviction under this act shall be
founded on any overt act or armed hos
tility. The punishments are light. Ju-
ly IL, 1862, an act was passed which,
without expressly repeating any former
acts, the provision was made that, at
the discretion of the court, any one con
victed of treason, shall be imprisoned
for not less than FIVE years, and fined
not less than $4,000, and his slaves, il
any, shall be declared free. 1t also dis
qualities the person forever from hold
ing any office under the United States
1t also provides that this act shall noi
be construed to alter OF affect the tria
of any person guilty of treason before
, its passage, unless they are. convicted
under this act. From this it follows
that the punishment of Davis, if con
victed, depends upon which act he il
convicted under. We believe that, ev
erything considered, a military commits
sion was the proper tribunal, before
which, he should have been arraigneC
long since. The Supreme court has de
: cided these unconstitutional. In revert
ing to this case, one of the ablest com
mentators on criminal law, (Bishop) ha
. given an opinion that we believe vii
; be found correct, if the present resolr
ton should culminate in the trial c
Davis by civil tribunal. THE cas-
could not go into a civil court, and b
there submitted tc a jury, vithou
: bringing the whole system OF trial b
Jury into contempt"