New-York tribune., 1867-05-20
RAILING or JEFFERSON DATIS.

No amount of personal defamation could
induce me to offer any defense of my agency
| i'm procuring the release of Jefferson Davis
! from an Imprisonment theoretically lawless and
practically mischievous. Nine-tenths of those
now lOudest in cOndemning that release ar'
heartily glad of it, and only affect the contrary
because they thereby crafty spite, or hope
to advance their own fortunes ut the expense
! of some one else. If they could have Davis
back in Fortress Monroe this hour by simply
wishing it, they would not.
Those who assail Chief Justice Chase for not
! trying Davis ought to be aware of Judge
! Underwood's testimony before the Reconstruc-
ton Committee of the last Congress that
Davis could not be convicted of treason any
where in Virginia unless by packing a jury for
the purpose. If such be the fact, can the
Chief Justice or the Circuit Judge be wisely
blamed for not exposing the Government to n
defeat on such an issueg What good end
would have been subseIved by such a result :
Remember that Chief Justice Marshall settled
the law lin Aaron Bur's case) that the accused
can only be tried in the judicial district where
his Offense was committed
Some journals have asserted that went to
Richmond to labor with Judge Underwood in
the premises That upright jurist needs no
defense from such an implication; but may
say that / never yet spoke to judge with
reference to a case on which he was to act;
and l surely should not venture Oh such an
impropriety with Judge Underwood.
1t is not true, though frequently asserted,
that the Chief Justice has shrunk from trying
persons charged with treason. There were
several treason cases on the calendar when he
held circuit in Baltimore last year; he was
ready to try them, but the Government was
not and they were put over by the District
Attorney. | do not know why this was; |
do know the fact.
Several Republican journals have asserted
that thrust myself into" this matter-that
sought the distinction, &c. Nothing like this
is true. went to Richmond and signed the
bond, simply because the leading counsel for
the prisoner deemed il important. If any
other name would have answered as wel they
would not have profiered mine for they could
easily have given Ten Millions of Dollars, all
OF it by men who were worth double the
amount for which they became respon-
sible, and each of whom would have
esteemed signing the bond priyj-
lege. But the counsel believed it eminently
desirable that they should present some North
ern names, of men who had been conspicuous
opponents of the Rebellion; perhaps because
the application to admit to bail would other
wise be strenuously resisted. / know nothing
of their reasons /; only know that they would
not have required me to face this deluge OF
mud if they had not believed it necessary.
If there be any who seriously deem the
proffer of bail by Republicans unwise on offi-
.cieps, ask them to weigh well the following
extracts ,.1-a...I .s..el.
= i.59he RicImsnd Wig says: 10 30 go
'The generous course pursued toward Mr. Davis yester
day one OF the most effective reconstruction
steps yet taken IL Indeed stride In that direction
But the legal action taken all that feel called
ueon notice. That action accompanied and en-
beshed by circumstances Of courtesy and cordial
erOsity Northern and Republican gentlemen Of dis
tinction and influence, which win 20 far TO commend
them TO the grateful consideration OF the South They
joined our own VirgBians In both hail bonds and
stulatons In 90 doing they illustrated their magma
nmity and In moment eveed barriers that might
ave remained for years The effect OF yeser
days work win be felt and shown throughout the soath
we much mistake Southern character Let us show
that Northern gensrostv is the true 70 SOUTHERN