Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1868-12-15
THEJEFFERSON DAVIS GASP.

interest IN the Great Treason
Trial" as it was once rhetorically
called, has very much faded away,
and, as each term of the Federal
Court at Richmond passes by with
no other incident than the renewal
Of recognizance, the monstrous
character of the farce Of justice
more and more develops itself. Now
and then, however, it becomes our
duty us Journalists, says the New
York World, to record some incident
which breaks this dreary and trivi-
al uniformity. OF such a nature is
the recent effort made by the cOun-
sci of Mr.. Davis TO whom, one and
all, high praise is due for their
faithful and persistent zeal, not
more in their clients behalf than
for the honor of justice and their
profession to put an end to this
discreditable procedure. Its history
is simply this: Indictments for
treason, or, indeed, for any pOliti-
cal offences, have always had their
terrors for those who seek to en-
force them. We have had num-
Der of them in history, and but one
which was effectual-the treason
trials in Pennsylvania in l778, when
two Quakers were made martyrs,
and those who inflicted the death
penalty regretted it ever afterwards.
All the rest, from the trial of Fries
and the whiskey men down to those
of Aaron Burr and Cashier Han
way, have been utter failures, and
properly so. The punishment OF
death for a political offence is re
voting even to the bloodiest mind
ed Hence statutory notifications.
From 1890 to 1862 treason was pun
ishable only by death. In 1862 when
Radical Legislation was either mer-
ciful or panic-stricken, the death
penalty was virtually abolished, and
magnificent treason sank down to
a sort of pitiful misdemeanor, pun
ishable by fine and Imprisonment.
All this was done on purpose.
There was,in it no mercy by acct
dent. In 1864 or '65, hOwever-we
really forget which--the Radical
Congress took heart of grace, and
determined by a constitutional
amendment to select for new and
special punishment certain Confed
crate leaders who were peculiarly
obnoxiOus-those who had held
Federal Office and taken in ancient
DAVIS certain Federal oaths. Had
this been a statute it would have
been er post fdcto and a nudity. As
part of the organic law, it is no
only valid, but it executes itself
and it is exclusive the politica
punishment by disfranchisemen
comes in, and in the specified case
abrogates all the judicial processes
Had Congress or the people mean
that. besides Acknowledgement
there should be indictment and ju
dicial punishment, they would hav
said so, as they did in the origina
Constitution. Whether the Radios
leaders and masses meant this, ma
we'll be doubted for, except whe
frightened, they have never NEAR
mercy. But the Southern poop
in adopting it no doubt meant
and there may have been far seem
Republican statesmen who meal
it. Atall events, the question is
grave and plausible one, and Il
Court to which it was address,
J seems to consider it. In the cert
fed division of opiHion betwe'
the Chief Justice and Underwood
would be unbecoming to guess as
the view held by either; but ce
tain that it is that, if the Chief-Ju
tice thinks the indictment shou
be thus put an end to, no one W
doubt as to which opinion carr
the higher authority; while If 1t
Underwood who inclined to mere
a very wonderful work will ha
been accomplished by time on sto
hearts and narrow intellects.
The argument of this grave Gu
ton was, we learn from those W
heard it, worthy of the occasi
In view Of the absolute necessity
saving time, two Of the senior COZ
sci of MIR. Davis-Mr. Reed :
Mr.. l. yons-generously tor tn
is on such an occasion much ;
sacrifice ia silence) abstained fl
taking part except in consultat
The opening speech of Judge q
was regarded by all who hear
as admirable in matter, temper,
manner. 1t was listened to
deep attention. The United st
was represented, properly eno'
by the Distri,t-Attorney; less p
erly by Mr.. r. II. Dana, IN, g
sci specially retained and paid,
who. loyal Massachusetts ma
he is, seems to have forgotten
lesson that years ago Franklin
fer and William H. Gardner
TO the one greater than Dams
taking what they called