The Portland daily press., 1867-04-01

PORTLAND.
Monday Morning, Apeil l, 1857.


Monday Morning, Apsil l, 1867.
Jcderssn Davis.
kumors from Washington are rife that the
man whose name is placed above this article.
will, within reasonably short time. be dis
charged from custody upon his own recopniz-
ance TO answer the charges that NAV be
brought against him. 1t is but a few days
since Mr.. Wilson, of Mass, presented in the
Senate preamble reciting the capture &C., of
Mr.. Davis, followed by a concurrent resolu-
ton to the effect that "longer confinement Of
the said JEFF. Davis without trial or assign
ment ofa specified time for trial, is not in ac-
cOrdance with the demands of Justice, the
spirit of the laws and the requirments of the
Constitution, and that common justice, sound
public policy and national honor unite in
recommending that said JEFF. Davis be
brought to speedy and public trial, or that
he be released from confinement on bail on
his own recognizance." .aas
7 Perhaps some of the readers of the Press
may think Mr.. Wilson very wrong in submit
ting such resolution, but at the risk of being
thought unsound on this matter we feel oblie-
ed to differ from them, and to think the ac-
ton OF the Mass. Senator crnditable alike to
his head, his heart and his statesmanship.-
The 9th article of the amendments to the
Constitution of the United States provides,
that, "ip all criminal prosecutions, theoccus-
ed shall enjoy the right to speedy and pub
lie trial, by an impartial jury of the State and
district wherein the crime shall have been
committed"
Nearly two years have elapsed since Mr..
Davis was arrested and placed in safe CUSTODY
at Fortress Monroe. During all this time the
country has been, practically, at peace; at
least, rebellion was disarmed before his inca--
cerat'on. Charged with the double crime of
treason and completely in the assassination of
President Lincoln, he was a fiting subject for
trial before civil court for the former, or a
military court for the latter offense. But
nearly two years have passed and he is appar-
emily no nearer a trial than at first. That he
was complicated in the assassination is yery
doubtful, and probably if brought to trial on
that charge no proof would be found that
would convict him before any court compe-
tent to try him. ad- 10 a." aH. - .-o.
On the charge oftreason who believes that
in any Southern State, or any Northern State
even, twelve men can be selected, as jurors
are usually selected. who would agree in a
verdict of guilty? Every Demo crat would
hold back from such verdict, and under the
manipulations and arguments of such coun-
sci as the prisoner would have, who can
doubt that many Republicans of undoubted
loyalty, would also hesitate at such verdict ?
We have heard intelligent Republicans argue
that, while no doubt could exist as to the
treason oi the rebels before the u, S. govern
ment treated and thus practically recognized
them as belligerents. after that recognition
they ceased to be traitors and became simply
public enemies, to be treated in accordance
with the rules ofcivilized warfare and the law
ofnations. OF course we pretend to no legal
knowledge on this question, and only state
the argument to show the reasons we have
for thinking that even Republicans might de-
mur at a verdict Of guilty under an indict-
ment for treason. At any rate, we do not be-
lieve, nor do we believe any body
else believes, that Davis ever will be
or ever can be convicted by jury, if
brought to trial. The whole thing would
prove to be solemn farce, like the trial of
Burr, and many other trials known to history.
At the time JEFF Davis was arrested the
general feeling of the loyal part of the country
was in favor of a speedy trial, prompt con-
viction, and a righteous execution of the ex-
treme penalty for treason. So much seemed
necessary to yindicate the majesty of the law
and to render treason odiOus. 1t seemed
fitting that gigantic treason should be pun
ished in its executive head, inasmuch as the
traitors were too numerous to punish each
one, OF even large portion of the leaders
But tEis whole thing strikes the popular mind
differently at the present time. All other ar
rested persons have been released. The
majesty of the law has been vindicated by the
acts of the law-making power. Justice has
been and is doing nobler work than that Of
shedding blood. Worse men than Davis have
been let off by scores. He, alone, broken
spirited, feeble old man, remains in the fast
clutches OF this alLpowerful government
while his confreres, and equals If not superb
ors in treason, are pardoned and promoted
To our mind, to still continue him in prison,
under all the circumstances, looks amazingly
unworthy the power cf the government 1t
narrows down to a personal thing 1t looks
too much like things we have read of in con-
nection with the Tower in London and the
Bastile in Paris. Our government cannot af
ford to stain its record by a continuance Of
this thing. 1t can afford to say to Davis, as
Uncle Toby said to the fy1"Go, poor devil
get thee gone; why should I hurt theep This
world surely is wide enough to hold both thee
and me-" We say the government can afford
to say this, because Davis can't hurt it; his
power is gone and the power of a thousand
like him. 1t can afford to show that it is no
more afraid OF him at large thanin custody
in Mississippi than in Fortress Monroe--on
his travels than confined in his St. Helena
We shall, therefore, not regret to see the poor
miserable old rebel treated like his fellow reb-
els-released on his own recognizance, for we
feel quite sure that, as the giving up of Mason
and Slidell reduced couple of quite formida-
Die lions to brace of very small puppies, SO
the release Of Davis will take from him the
crown of martyrdom which thousands are
trying to make appear upon his head, and
place thereon instead only the poor badge oil
the leader of "lost cause.-the used-up and
no longer feared representative of a collapsed
rebellion. . t-
For these views we ask no one to feel re-
sponsible; we ask no one to endorse them, or
because they appear in this paper to feel in
the slightest degree compromised by them.-
They are simply our own-the expression Of
the feelings of our own individual heart.
But one thing is sure; If Davis is to be
tried at all it should be done soon. The Con.
stitution is violated by delay, and the reputa,
ton of the government is tarnished by such