The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-04-19


union in May-June, 1907, and seen the
devotion and the enthusiasm OF the
enormous crowd OF old and young
Southern people to his memory, when
the beautiful monument erected by
thousands and thousands of subscribe
ers to the monument fund was dedl-
Gated he would have been ashamed to
go into print saying, HE wound up his
career ais a small man" SO far from
being true. the critical and even vim
dictive searchlight OF investigation Is
bringing people OF every condition to-
acknowledge that all the time he Is
growing into greater proportions. to-
every one who can divorce themselves
from partisan and preconceived preju-
dice.
General Schurz must have known the
real facts as to why President Davis
n-ver faced a Jury on the charge of
treason. Tho facts have been too often
published for him not TO know them,
and he Is not only guilty of suppressio
verI, but suggestio falsi. when he says
tile case, however, as might have been
foreseen, was never tried. and in De-
3cember. 1858. he with all his followers
in the rebellion God save the mark)
received full pardon and amnesty for
tho offense OF treason" The records
States building here. show that by
grand jury. composed almost entirely
OF Ignorant: negroes, he was indicted
for the great crime of high treason.
This being the circuit OF the Chief
Justice OF the Supreme Court OF the
United States since the time OF the
greatest of all lawycrs-Chief Justice
Marshall--Chief Justice Chase sat here
will, tho most degraded judge who ever
disgrared the United States bench'
Judge Underwood. The case was heard
before the two on demurrer. As all
lawyers know. the parties, interposing
the demurrer says. admitting every
thing yon say In the Indictment Is true,
no offense under the law has been
committed" The case was splendidly
argued by President Dayis's cousel.
The decision of Chief Justice Chase
was that the lawyers Of President Davis
were entirely right
Judge Underwood thought otherwise.
In such a case the United States Gov
ernmept at Washington had to deter
mine whether or not to appeal to their
own Supreme Court, for it to decide
whether Chief Justice Chase was right
or Judge Underwood. Hon. Hugh Nc
Treasury in President Johnson's Cabi-
net. has the following statement in his
Men and Measures of Half a Century"
page 4os:
..Tha question, What shall be done
to the Confederate leaders, was re-
ferred to. but not discussed at his
Cabinet meeting. Mr.. Lincoln merely
remarked in his humorous manner 4
am q good deal2like the 1rishman who
has. Joined a temperance society, but
thought that he might take q. drink
now and then II he drank unbeknown
to himself. A good many people think
that all thenbig Confederates ought to
be arrested-and tried as traitors. Per-
haps they ought to be: hut I should
be right glad II they should get out Of
the country unbeknown to me- This
question came up In the case OF JEFF
ferson Davis, soon after Mr.. Johnson
became President. Davis had been cap
tured while attempting to escape after
the fall OF Richmond. and was pris-
orer in close confinement In Fortress
Monroe. Some action must be taken
in his case-what should 1t be? He
had been the President of the Confed-
eracy. and was therefore the most con-
spcuous of the enemies OF the Govern
ment. BY q large part of the people of
the North he was regarded as the arch
traitor. upon whose head vengeance
should be visited. Should he be liber-
ated in the face OF the strong feeling
| against him. or should he be ar
raigned for treason. and If arraigned,
should he be tried by military COM
mission or a United States court!
!, These were interesting and important
questions requiring the. most careful
consideration, both In their legal and
I! political bearing.
] THE legal question, Has Mr.. Davis
been guilty OF such acts Of treason
was submitted to the Attorney Gen.
eral, who. after thorough examlna-
ton of 1t and consultation with some
tof the ablest lawyers in the country
came to the conviction that Mr.. Davis
/ could not be convicted of treason by
any competent and independent tri-
1, bunal. and that therefore, he ought not
to be tried. The conclusion was I'M
doubtedly correct. 1t was a revolution
which had been attempted by the
4 Southern States-a general uprising Of
the people of the South against the
Government 1t was war in which
i they had been engaged-wars OF sucl
1 been accorded to them by foreign ma
4 tions. The same rights had been &C,
4 sknoWledged by the government in en-
/ changes of prisoners and other acts
They could not, therefore. be charged
with treason, nor could one Of thell
number be singled out and legally con-
4 victed OF the crime. Aside from these
considerations. it was clear that what
ever reasonable acts Mr.. Davis nigh
have been guilty of, were committee
1 in the Southern States where, under
i the Constitution, the trial must tax,
4 place. and where conviction would bt
i impossible. The President was cha
i grined by the decision, which wa.
forced upon him by the opinions O
tho Attorney General and other emf
4 nent lawyers. 1t was In direct oppo
stlon to his commlttals in the vim
Igdictive speeches which he made a
Y the commencement of his admins
4 tration; but he saw the correctness o
1T and from that time he pushed hi
4 generosity to those whom l,e had de
4 nounced as traitors to the extreme. MI
4 Davis was only one of the many thou
4 sands no had engaged in War agains
i the Government, &
Il His position made him the mos
n conspicuous. but he was no more
Il guilty than any others against whom