Year: 1867

The Case OF Mr.. Davis-Judg'
oil Chase Cannot Face the Music.
s The New York Herald remarked
: few days ago that one of the creates
!, blunders of the United States army was
the capture of Mr.. Davis The testi


mony, says the Montgomery (Ala.
\ Mail, before the Impeachment Commit
tee of Congress, of Mr.. Speed, late At
torney General. confirms the views ta
ken of the subject by the Herald. Mr.
Speed testified that "all the Cabinet, but
the President more particularly, were
anxious for speedy trial" He adds
Il was placed under instructions from
the President 10 bring Mr.. Davis to tri-
al as speedily as it could be done, and
we all came to the conclusion that he
should not be tried unless the Chief
Justice could preside on the occasion.
Judge Underwood also testiiles--that
the President expressed himself very
decidedly in favor of the prosecution !;
that there would be no difficulty in get
ting jury in Virginia to convict upon
proper evidence, and that hc-Under-
wood-whilst he never objected to try
Mr.. Davis, always preferred that Chief
Justice Chase should do it,"


II appears, however, that Chief Jus
tice Chase declined presiding at the tri


al of Mr.. Davis, first upon one pretext
and then upon another His testimony
before the Committee exhibits him in
the light of man seeking for an excuse
to justify the neglect of a duty which
would have been eminently unpleasant
in the light Of his old States Rights
record. He admitted that the Circuit
Court at Richmond had been in the un-
disturbed exercise Oft functions ever
since the indictment was found, and
that "the circuit, of which the District
of Virginia was part, SVas allotted to
him shortly after he went on the Bench
in 1864" But, it seems he had qualms
about military rule in that State, and
did not think it was proper for him to
preside over any District Court until
military authority be withdrawn. He
thought at fret, that ',the Presidents
proclamation declaring the insurrection
at an end in all the rebel States, except
Texas" and subordinating the military
to the civil authority in those States,
was sufficient to warrant his presence
in the Courts Of his Circuit, but, upon
reflection, he concluded il was not He
omitted to say that he did actually pre-
side in North Carolina, which was Il
part of his Circuit, and where The same
alleged objections existed in far great
er force than in Virginia He did not
however, deem his presence in the
court at Raleigh at all derogatory to
his dignity. Nor did he utter one word
of remonstrance when IN order Of that
court was contemptuously disregarded
by Gen. Sickles.


Although the Chief Justice could
preside in North Carolina, he absolute
ly refused for long time to preside in
Virginia, alleging "that he was confirm
ed in the correctness Of his course by
information he had received in regard
to what Chief Justice Taney had done
that Chief Justice fancy had refused to
hold q Circuit Court in Maryland, un
less assured by the Administration that
there should be no interfercuce-undel
any circumstanccs--on the part Of the
military" 1t does not appear that Mr.
Chase sought any such assurance, no


that he had it when he sat at Raleigh


At last, however, he appeared tt


have screwed his courage to the poin


of facing the quotations, from his oil
decisions, in favor of Mr.. Davis. II
was willing to hold Court at last; h
authorized Mr.. Attorney Chandler t.
say SO to the Attorney General Th


latter was notified accordingly of tn
important fact. Judge underwood
: was given to understand that the oh
iections of the Chief Justice were re
moved. The trial was set. There wa
q great crowd present waiting the open


inc of the court. All the morning tn
, Chief Justice was expected, but he di'
not come. He could not summon cour
, are enough to undertake to preside at


trial which, however it might result
would have damaged irreparably thos


political aspirations for which he ha


sacrificed 50 much, and trailed so pei