Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-01-05

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son said his imprisonment was a reproach
to American justice, whatever may have
beenhis oflense. He is man 0f delicate
frame, who was selected by six or seven
millions of people to take charge of this
rebellion. That he should be indicted, in
woke trial and still be Injured, is re-
proachto American justice, and il it eX-
isted in any nation in Europe, would call
down the Indignant rebuke of the people.
| Mr.. HOWARD asked If Mr.. Davis was
nota captured prisoner of war, held by the
Presidents orderP 'l +. 'HAlII'.b
| Mr.. JOHNSON replied, II Mr.. Davis isa
prisoner Of war, he cannot be tried for
treason at all. The President has expressed
his readiness to surrender him to the civil
authorities, but they have declined to re-
cetve him. 'o az AA- ~
Mr.. HOWARD asked to whom? RI
Ans,-To the Marshal of the District.
A long discussion ensued as to whose
business 1t was to issue the writ for his
custody. ~ |Ui Lr
Mr.. HOWE said If he had been President
Davis would have been tried and would
have died some time ago near Fortress Mon
roe. He cited the case of treason against
Virginia, in which John Brown was tried
and hung. i4I IiaJ0.J "th T4i9
Mr.. HOWARD said: In proclamation
Issued by President johnson after the assas-
sination of Mr.. Lincoln, Mr.. Davis was
charged with participation in that crime.
The Secretary of War had said ina COM
munication to the Senate that he was held
as prisoner OF war, as well as for criminal
connection with the assassination. He had
been indicted for treason, but not for par
ticipatiOn In the murder of President Lin
coin. Other accomplices in that crime had
been tried by military commission, and by
order of President johnson executed. For
a year past efforts had been made to arrest
another accOmplice (Surratt), and he had
been arrested and was now on his way to
this country. Was there any objection to
holding Davis for trial as an accomplice in
that greatcOnspiracy? Who was to blamefor
not trying Davis? Mr.. Howard said it was
strange that Davis had not been liberated
on writ OF habeas corpus. If the doc
trine advanced by Mr.. Johnson was cor
rect Davis could not he held in prison any
longer. He (Mr. Howard) maintained,
however, that this doctrine was incorrect,
and could be so proved. He was not in the
counsels of the administration, but he en-
tertalned no doubt that Davis would be ul-
timately released Internationally, without
trial. or punishment for treason or any
othef oflense. 1t was not to be expected
that President who had issued pardons to
the worst and most malignant of rebels
would ever try the head of the rebels,
whose favor he is ever so diligently court
ing. .tf rH,efsI ..1 g.5 .f. -e'
Mr.. HOWARD then proceeded to discuss
the bill. He held that the section proposed
to be repealed granted a power not given
TO the President by the Constitution. The
President could pardon under the Constitu-
tton, but could not grant amnesty. Amnes-
ty meant peace. The President could no
more grant general amnesty If this section
was repealed than he could declare peace
withoutthe consent of Congress. 70
Mr.. SALISBURY advocated repeal of
the whole bill.
Mr.. TRUMBULL said he did not ac-
knowledge the right of the President to
pardon by proclamation. He had not said
so. - E
Mr.. CHANDLER, in reply to Mr.. Hen
dricks, repeated that pardons we're for sale
by women-more than one-and the Presi-
dent had not interfered to stop it.
Mr., SAULSBURY'S amendment was
disagreed to, and the bill was then passed
yeas q, nays Z.
Nays-DixOn,D Doolittle, Hendricks, john
son, Norton, Patterson and Saulsbury-7@
Absent or not voting-Anthony, Brown,
Bubkalew, Cowan, Davis, Fogg, Freling-
huysen, Grimes, Guthrie, Harris, McDOu-
gaI, Nesmith, Nye, PomerOy, Riddle,
Sprague. Van Wrinkle and Yates-1S.
The. bill lrepealsthes section, of the confisca-
tiOn bill which empowers the President to
issue q proclamation of. general amnesty
when in his judgment it shall he expedient.
1t originated in the House, and having
passed the Senate without amendment, it
now goes to the PRESIDENT for his approval.
Mr.. EDMUNDS called up the bill to reg
ulate tenure of office. -#i
Senate adjourned till Monday.