, 1880-05-01
work he WIS repontelly In consultation viii,

work no WIS repoatclly In consultation With
Mr.. Chandler, WHO BaW nll Ills notes arl
.na,le nnny sugEcstio'ls; betaro, its compile
tnn avis h bcHll H., cnpt.re tid s''t tvs 70
s,aI,mtts,( ] I" f'res,1smt .ionsou il, tl, inter
pnrt Of May, 1915. It wns !o!ig and ola6nrMtc,
WINS bnsed ,,ron .nt,. ,exfldllstlyu nSntntnntiOl!
s9 ct tn "r 'ety IL Sysae 81 II! 1s es sras,io s1nies I'LL"
I. THAT DayIs could bo trln.l by y military
commission, having bcen captured while n
rslli IN aealitY E.sFe tp,n} 10 awtnI aa,i f'vt
at Fortress Monroe, where l)ayis, wins = prls..
onct, as that was sill within tho military
i That this commission should be, com.
rank . In Tho ar,tly; tits provision wonll 'inyo
Maj.s sGens. II. ". llnI!rck, ". r SherMa,,,
George G. Meade pA!lp Il: sl'grit1,an GEiS9rs
s I'll EW9esyf$ sssstas @ g. % s$% Go"Ss,
and @ JoGii Il. ssi,oac! ID.
q, 'rllat III casu Of conviction. before TIC
ss'fdi'ss ba "iIowcd t a appornty ~ appe 10 !o
Supreme Cu,lrt of tho Ui,Etrtl States; this
would silnnce criticism, secure Davis OIL !tls
legal rights. and establish precedent which
Tat sth te 20 oIy ~ Io'bt that cxisted rs to
tho conviction of DRyis was to bc fn!lnd II
the question e the Jurisdiction OF the NIL"
3, Tllnt tho PROSECUTION slou1tt hold Davis
assumption Of military authority nKnlnst the
United States ns tho overt net Of treason, AMI
tint Ills military orders. Ills commissions OF
oeers h. oilleia} ny ,hs ,nfnIy Of ,
aud naval forces Of tho Confederate Statcs,"
Ills of!lcinl reviews Of troops the official re-
ports made to him by commanders OF nritites
In rebellion, should bo proven to establish
O. Tint the record OF the oaths .takcn by
him Is m ttlicer In tho United Stntes nrnyt
rs 4 Scnator, and rs Sccrctnry. OF War, s!ionlti
be shown with evidence that lio had vlolntotl
i. That the various acis Of cruelty t, prts;;
DO proven; other minor counts could also 20
introduced Iii the indictment to secure MI
Gnu. Buffers niemorandum further set
forth tint tic prosecution should expect to
| be met by the defense:
|. With the question Of Jurisdiction.
2. With an attempt to proVo Tue rlgh1 Oh
5. With the claim TINT the duty Of allie:
| gtance to State WIS superior to tho duty OF
allegiance to tho General G9vernnent. ..,,,.,.
Davis was accusttd weia performed by lin
M tic head Of n do fact0 Government. tGg
which he had boen ulcctcl untlor forms OF
law. .,.e A., .,a,,,,-
| H. Wtkl$ p1liuG tiltk ll4C ACANhptF
tion Of this do fact0 Government by tho
United States In the exchange Of prisoners,
In tho acceptance Of terms Ut surrender, III
tho ObseryAnce Of ilngs OF truce, Atlti III cor"
sush recoslittton Of tic existeneu Of Il CIV,
erlln1cnt with which II was at wnr ns must
prevent tho United States from claiming that
participation therein was treason. 80.
nsr ssfh th"Sst %sgS s @ sisnsne a1 nS wo t ST m an
| in t1Ia brief he grouped n powerful Arruy Of
precctents r md decisions on which tie prose
cutlon could rest its case and meet thesa ~
stiRe9sf NeR 49, oss oR%ss e Gsn eX BqXe4 sSss g 's
who firmly held that stern punishment
should 10 meted out to few conspleuonss
Rebcts,-nnt IN n spirit Of yGngeance, plit
PELLET th9t sa11a[Iy rsSits TG, hs,rcn hoI
fact tlat Ill the Unftetl States treason IS
ligh crlno whose penalty is aeatll7,wcre
constantly anxious lest the President shot!le
by sGne ylnlegt nst or wor nesI1GY h,ic 'e e
It's It's Of tic INV must 10 III n stern a1nl lnllcXt
hln manner executed upon conscious. II ~.
n';st' prlvsto uiteranees M far ontstrippcd iii.
lls'Su'Rls, lsss tlssn a1ae a1baoodthirs}y Mr Gs
lur, on que OCCASION, :, GnlTe ,t.; m awas 4;
q as1a tS we HDns6 osS STft{ @ {rans fqf1s ss s HS
sald to Senator Wnde and Mr. H9n,iiM
port"mt 'sta That tts lie slould bo watehed. Gsn
t3Utlcr's memorandum Mr.. Chandler heartily
approved rs clear ~ scope; Just IN spirit, t ant
certain to prove ELECTIVE IN operation; but but
ehuMgo Ind taken place in the disposition Of
tile President, In April lle wins In fayor 0
hanging everybody; IL June 10 WINS opposet
to hanging any one. Ho flitally tgnorGa l r.
Ind drawn M. 1t. Ills request, and dccidet
TINT Davis should be. tried by the civil au
thoritics at Richmond, wllcre l,is crlmea liat
11ecu committed. As result the ArGi-hebe 81
hfOnroo for nearly two years, because Of tn
lack OF civil cn1irt competent to take lurla
lllcton Of his case. In 1860 he was indicted
md arraighed, and In 1867 was admitted t
tered and the case agalnst hln dismissed.