The Daily clarion., 1868-04-22

The Trial of NIr. Davis.


The long pending proceedings
against Mr.. Davis are approaching
their conclusion. His trial has been
set for the second of May, and there
is no reason to believe that it will be
again postponed, nor is there
ground to anticipate favorable re-
suit The ingenuity of Radical malig-
nifty, and of political necessity, has
left no art untried to make sure his
conviction. A new bill of Indictment
has been found against him, drawn
with cunning hand, for the express
purpose OF effecting this end. A
special venire consisting of sixty ne
gro and white jurors, has been or
dered, from which to draw jury to
set in judgment upon his case.
These parties are all of the class of
iron clad oath men, and it is a reason
able inference that they are sworn
members of the secret order of LOYAL
Leagues.
But more than this, the Radical ma
jority in Congress, has passed the fol-
lowing atrocious bill, having direct
reference to this trial
BE IL enacted, dc. That no person shall
be held incompetent to act as juror
upon any grand jury by reason of hav-
ing formed or expressed an opinion
upon the matter to be submitted to
such grand jury for investigation
founded upon public rumor, statements
in public journals, or the common his
tory of the times, provided he be 9th
erwise competent, and on his oath de-
clare, and it appears to the satisfaction
of the Court that, notwithstanding
such opinion, he can and will act inn
partially upon the matters to be sub
mitted, and true presentment make ac-
cording to the evidence but the Court
may, in its discretion, set aside any
such person.
SEC. 2. That in trials for offences
against the United States, no person
shall be held to be incompetent to act
as juror by reason of having formed
or expressed an opinion upon the guilt
or innocence of the accused, founded
upon public rumor, statements in pub
lie journals, or the common history Of
the times, provided he be otherwise
competent, and upon his oath, and
it appear to the satisfaction of the
court that, notwithstanding such opin-
ion, he can and will impartially try the
accused upon the crime charged in the
indictment or information, and a true
verdict give upon the evidence to be
produced on the trial, but the court
may, in its discretion, set aside any
such juror.
Here it is declared by Congress that
Mr.. Davis she'll be denied the great
common law right of trial by an i'm
partial jury. The Federal Constitu-
ton declares, that & in all criminal
prosecutions the accused shall enjoy
the right to speedy and public trial,
by an impartial jury" That is, a tri-
bunal composed of unbiased men,
whose minds are free from precon-
cieved opinions. 1t has been deemed
necessary, in order to convict Mr..
Davis, to divest him of this constitu
tional right.
To make the object of this measure
unquestionably apparent, it is only
necessary to remember that some time
ago Underwood, the Judge of the
United States District Court, in Vir
ginia, testified before a Congressional
committee that it would be impossi-
bic, under the then existing laws, to
empannel jury that would convict
Mr. Davis This measure is designed
to remove the obstacle suggested by
the depraved Judge.
The only hope for the rescue of Mr.
Davis from the horrible fate tn which
these malignants would condemn him.
is by an appeal to the Supreme
Court of the United States, which
cannot fail to decide that the act bv
which the jury will have thus been
packed to secure conviction, is in di-
rect violation of the clause of the
Constitution above quoted; and fur
ther, that it is erporte facto in its ap-
plication to the case of Mr.. Davis.
Hon Tinfo, Storfhapc raoo..,