The Northern Pacific farmer., 1880-05-27

w.
1865. 1t was long and elaborate, was
based upon an exhaustive examination
of the history OF all military tribunals,
and set forth in substance these propo-
sitions:
l. That Davis could be tried bva
military commission, having been cap
tured while in rebellion in q locality
where no lawful civil authority existed.
This tribunal could sit at Fortress Mon
roe, where Davis was prisoner, as
that was still within the military lines.
9. That this commission should be
composed of the thirteen officers of
the highest rank in the, army; this
provision would have made it consist of
Lieut. Gen. Z. S. Grant; Maj. Gen i. II.
W. Halleck, w. T. Sherman, George G.
Meade, Philip H. Sheridan, George H.
Thomas, and Brig. Gems. Irwin McDow-
ell, w. 5. Rosecrans. Philip St. George
Cooke, John Pope, Joseph Hooker, w.
S. Hancock, and John M. Shofeld.
3. That in case OF conviction, before
hesentence should be executed, Davis
should be allowed an opportunity to
appeal to the supreme court of the
United States; this would silence criti-
cism, secure Davis all his legal rights,
and establish precedent which might
stand for all time.
4. That the only doubt that existed
as to the conviction of Davis was to be
found in the question of the jurisdic-
ton Of the military commission.
5. That the prosecution should hold
Davis assumption of military authority
against the Usited States as the over
act Of treason. and that his military
orders, his commissions of officers, his
official announcement of himself as
"Commander-in-C Chief of the military
and naval forces of the Confederate
States" his official reviews of troops,
the official reports made to him by
commanders of armies in rebellion:
should be proved to establish the. case.
6. That the records of the oaths
taken by him as An officer in the Unit
ed States army, as aSenator, and secre-
tary of war should be shown with evi-
dence that he had violated them.
7. That the various acts of cruelty to
prisoners Of war committed by his
orders should be proven; other minor
counts could also be introduced in the
indictment to secure an accumulation
of charges.
Gen. Buffers memorandum further
set forth that the prosecution should ex-
pect to be met by the defense:
1. With the question of juris 3iction.
2. With an attempt to prove the right
of secession.
8. With the claim that the duty of
allegiance to State was superior to
the duty of allegiance to the general
government.
4. With the claim that the acts of
which Davis was accused were per-
formed by him as the head of de fac
to government, to which he had been
elected under forms of law.
5. With the further point that the re-
cognition Of this de facto government
by the United States in the exchange of
prisoners, in the acceptance of terms of
surrender, in the observance of flags of
truce, and in correspondence of various
kinds. amounted to such a recognition
of the existence of q government with
which it was at war as must prevent
the United States from claiming that
participation therein was treason.
These were the chief points which
Gen. Butler thought the defense would
set up, and in his brief he grouped q
powerful array of precedents and de-
cisions on which the prosecution could
rest its case and meet these objections.
During the early stages of this work Mr.
Chandler, Gen. Butler, and others who
firmly held that stern punishment
should be meted out to few conspicu-
Gus rebels,-not in spirit of vengeance,
but from a belief that salutary results
would follow if it should be established
as a historical fact that in the United
States treason is high crime whose
penalty is death-were constantly an
xious lest the President should by some
violent act or word destroy the moral
effect of their position. In public he
said repeatedly at this time that ''the
penalty OF the law must be in stern
and inhexible manner executed upon
conscious, intelligent, and influential
traitors" but his private utterances far
outstripped this language, and were
often scarcely less than bloodthirsty.
Mr.. Chandler, on one occasion, came
away from the White House greatly
disturbed by Mr.. Johnson's disposition
to treat this subject with mere anger,
and enthusiastically said to Senator
Wade and Hamhn, "Johnson has the
nightmare, and it is important that he
should be watched" Gen. Buffers
memorandum Mr.. Chandler heartily
approved as clear in scope, just in
spirit, and certain to prove effective in
operation; but, by the time it was fully
completed. q great change had taken
place in the disposition of the President.
In April he was in favor of hanging
everybody; in June he was opposed to
hanging any one. He finally ignored
entirely the memorandum which Gen.
BIltler had draur, m at his roa,anat