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VOL. 1.
SALISBURY, N. C.
MONDAY
-NOVEMBER
20,
1865.
NO. 151
i
it V
t'.r .
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to tell his mother that lie had done what
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,. . J. J. STEWART,
C 'EDiTott fe PcuusnKU..'
THE TRIAL OF JEFF.-DAVIS.
Woeld IIko akus It.
"V
timis cf'i'tnin diso.'iRp.s-flttiif.lv tho. Iiodr. so
amidst wars and tumults this -form offfratei there must be some power which
monomania seizes on minds so pred s- Ve vents it a power over ir, aim supe
p.Tsed. In all this, however deplorable, I liol"4 ifs own will. If so, its condition
there is nothing astounding; but astound- tliij of inferiority or subjection to that
inor it- J thut I,msMP!irlnf tho Tuitod 1 liiix'iir power, and therefore cannot be
States should bring a charge of compli
oitv in such a crime against an eminent
Aiiieiican state-man and soldier." To:elualj 1
innlv-p sufh n. c.linr.-( hocdlossl v. withnutl' " thJ(i(
AT 1 1
sovereign. io sucn power is Known to
the Constitution, for the States are co-
and what is popularly' termed
ovcrnment," is simply the -com-
evidence of the clearest character, was! motiiaumiiustratioi!, or federal agent,
to brinir an iiieHacealde stain upon the' wlio.ra cet t,.in limited ) wvers were
. .. . 1 I . T)ivl . il O . t nt
egiiteo ov nte-&fmcs - me recipi
1" a delegated power cannot be su-
1 er:r to those ot wliom it is the tlele-
right of secession cannot be disproved," it
follows that when the event occurs, the ,
State becomes a foreign power as regards
the rest ; and if war ensoe, the acts of its -citizens
are acts of war, and not of trea-
son. The difference produced by the step
is very material, If a;citixen of Mary
land were now to take up arms against
the Federal Government, he would com
mit an act of treason. But if that state
ehould first secede, and call out its forc
es to resist invasion, he must then respond ,
to the call, in obedience to the laws of '
the land. Can he commit treason by
acting in obodience to law ? According .
to the "Washington tlieory, the positional
the Southern man would be hard, indeed; -
for if he obeyed the Federal call, and
should be f.und in arms against? his State,
he would be guilty of treason against the
law ot that Stare ; and, it lie obeyed the
State call, he is now charged with trea-
son against the Federal Government.
diirnitv of Irs dlic-e and the history of " (1,
lis country. It bears, the aspect" of art; cut
attempt to assassinate the -'reputation of
a-defenceless man. Amors; savages it is
tlie prtictice to gloat over the tortures ot
the defeated, to make a target of - the
quivering body, and to tr insfix it wijh
arrows as a p istinie. Civilized nations
usually treat the victims of war wi h hu
manity, even with generosity. The whole
induct of the Government in this mat
ter of the ...conspiracy trial is painful in
tho extreme :he trial 1 of an oilence
g;iteJ llus won.kl be to put the aent
auoyc ine prmeipat, or tne servant aoove
th'e'master ; and where a sovereign State
'" delegates" limited powers to 'ah agent
for certain ends, it is ditlicult to see that
ir cannot withdraw them when those
ends are no' attained. This flight to
withdraw, "to resume" them,- was.as-
cr.i'd by Virginia Jvheii that State ba-
From the London Quarterly Review.
But the other day Jefferson Davis was
on of the world's toremo-t men, admir
ed as a statesman, respected as an earn
est Christian, the Washington of another
generation of the same race " Now,
none so poor as to do him reverence."
Iu this cou itry, happily free from ex
citement, we can calmly weigh fac s
which others sue for .the time through
the distorting media of prejudi e and
'passion. 'Jefferson Davis s inply follow
cd the example f Geor-e Washington.
Both were Southerners, both slave-owners,
both levied war against an older
o-overnment. Washington, a subject of
the British Crown, under which he held
a commission, committed an act of un
questionable treason. Jefferson Day is
was never the subject of Abraham Lin
coln, lie was tne cnosen rmer ct mni-
f iions of the American people, twice as
, m.iny as demanded their independence
from this country. Over them he ruled
for years under all the-most complete
' forms of constitutional law. That such
a man should be hunted down as a fel
on, is one of the dark spots that will be
left by this struggle on the page of Ame
rican 'history of all the darkest. The
charge which President "Johnson' at
tempted to fasten upon a fallen toe has
been scouted on every hand. The as
sassin of Air. Lincoln was a stage strick
en fanatic, incapable at the time of see
in"1 that his crime would be ruinous to
; those he thought to serve. After jhe
surrender of Lee, even if the whole Nor
thern Cabinet had perished, this could
only have influenced the resu t hy ren-lerin"-
the irresistible, armies of Grant
' and Shermau m-re revengeful, and add
ing to the sufferings of the vanquished.
Booth was not a. Southerner, had no con
nection with any State of the Confeder
acy, had endured no outrage, suffered
no loss. It was well known that his fa
ther's intellect was disordered, and that
no had committee!' acts of violence. Tne
circumstances of the crime the theatre,,
the stage, the flourish; the quotation, the
man's hie, his letters, h;s dying request
i.cnle a mirtv rothe Constitution, and it
l t V v v I V I ft ' t
wJiollvl!
. t ' i . ...... C.Ujs.Pt".. . . r-
its J. rest u en f, us reporter, uie iiiiic-iatiie -y "r''"" ",MWi:innj Yt's.llsf-.
received as evidence, and, beyond all, m"i, simply exercis.es ine rignt wnicn
the secrecy attempted carry ns LacktoPe reserved by law when she entered it,
the worst "usages of the darkest times. fM nitiy-rnr said that this law has no force
Jefferson Davis is now in the liandsof ik-yoiul her limits; but they who accep
his enemies, and remains to he trie l for
treason. If he had committed this crime
he would then stand on a level witL
Washington, Kossuth, Garibaldi and
others, hitherto the objects of American
admiration. Can the same thing he a
virtue whe i others suffer, ar.d the black
est 'of crimes when it. inj uvs ourselves?
If he be tried. under the present cxvite
iii nt, there can be littb; doubt as to the
vpimY.f lut i r f.Mtmor hei siiDHo.ed that.
! A.nmnn iw.milo w l a m in i f siwl i t late t h is. Th s Dial ! States i usistcd t hat
an act as to take any man's life for si in-' 'li. whatever its size( should have
ply following the' example of their own uqtial weight in the Senate, and tint this
idolized hero, and exercising a right thev-' h...,!d never be .ilte ed to the prejudice
are all taught to c aim, "a most sacred 'f any Statu without its own consent B
ri::ht," as Air. Lincoln declared it to be. "Iss that the Ittle' strip, ot soil, Dela
A'.d as Mr. Johnson reiterates that trea-, las it. two members m the Senate
son is the greatest of crimes, we are led f orally w.tli .ev l oi k, a ouue cacccu
u ovM.niiiM lirtu- it U r(Mr;irflf(l hv tin. ! ml' in all respects sevinl. ot tin king
nnctittinnt'tl1B TT M Wo, f Kt.i N.i' I f r vt. I cl'ft IS ( f H 11 l'O PC." Alld if the wllolcof
Rn far from beinV thus accounted, it is so-1 tlitother thirty-live States should desire
lectedVrnm all other offences, not to lo ! ir4T!ie.V cannot rightfully alter this with
ririn;itizp..l. Imt to bo lealt with "ontlv. i oiUthe consent Delaware. lut sap
and hedged round with protections from lJ,r; they dV so', with or vith-nit light,
mu.iit ' in Ait s:n,. w u it rot iv Mas lyeiawa e ; one con u
Such a position cannot be tenable. Th&v ' t V 1 . .
law of the Stated plainly absolves the civ-ft "f 't4 ; ,
lzen who has no choice but to obey it.- f V
Against the State itself redress njay bVV " '
desired and demanded ; but it cannot ht 7
found rightfully in that Constitution fror
which- the co2rcion.of a" State was exclu
ded. A traitor too, takes up arms against
the Government that is over him. and at'
tempts to overthrow it. '"We 'cannot find
that any one attempted to oveat brow the
"Washington Government ; on the contra
ry, strong efforts were made by the South
to enter into amicable relations wihit.
But arguments of this kind are not likely
"to obtain much attention at a period of
such excitement. ,One that cannot be
overlooked is the fact that a state of. war
was recognized by the Federal -Goyern-inent.
.It was. so. adjudged "not. only by
the prize courts, but by the"Snprcme
Court,". whose decision cannot, be set aside.
1
- t I
1 , r,
pj-Un yt;t 1 x 'ir-iVi "itiTrr?trT'''' . rl
in tne mosr sniKiu; manner uv 1 resident; , . , ?. J
led bar adhesion to the, Unioe, with this
avscivcd right, solemnly proclaimed to
He world, cannot now. complain that it
s exercised ; and, in ieed. it is d.iili -ult
n see how an v ;State could have nfered
mo tlie Kodetal conioact without the
iM.'Avr of wiih'draw'niir it its terms wore
biuken. This was the onlv nossible coin went to negotiate with emb issors
t
nieans of unbess or e.-cajte. from wr ng
If e unuitted by the majority. One of
tlie t") nts of the Constitution will, illus
. . .... .... . . 11
Lincoln and his Secretary of State, who
went iu person to treat .with the commis
sioners of Jefferson Davis. It has been
said that all this was done under the
pressure of.events, leaving original rights
in abeyance, w.iicji majr now he rcAived.
ly this kind d argument, almost any
breach of faith could be defended.
Wh .tever the motives, there is 1 lie fact.
It irt"inii)'ssible to say that President Lin
p.xt renin ntmir
1 ' 7 ' - m . .
"No b 11 of attain !er shall be oass-, nifuutvote or light the others, ami must
i . . - 1 . . w 1 1 ... 1
evl." Art. Ill, sec. 3 :.u No peivon shall oilte suhimt to a Dwcn or t coinpacc
be cmvicted ot treason unless on the tes- u iuut reuress, or retire 11 0111 11,
tiinonv of two witnesses' to the same i "'f;' explain the remarkable statement
overt act, or 011 confession ino)en com t." i -"flii , wle : u This right (that of sece-sion)
In Art. II. sec. -A, it is classed with bii-l nitstbe considered an ingredient in the
be'rv : and the Otir Aiuendmer.t of the i rlai"al composition of the general" Gov
Constitutionr requires that " the accused erhiient, wTiich though not exiiressed,
he right to a speedv and vv: mutuaily understood." That such
shall have been' committed. .
c-ee. 3. ordains that "no attainder ot trea
shall have the. right to a speedv and vv: inutuailv
public irial by an impartial jury of the u,un 'iniderstauding existed with tho fra
S ate and district wherein the crime : in( of ihe Constitution, is proved by
Vrt. III. the ;'act, th rtin the eaily debates of Con-
e, m h) or the existing Constitution,
son shall work eoi'T'ufitioh of blood or for-' the threat (d" seceding, was made more
feiture,' except during the life of the per-! than once, and the right to do so was not
son attained " And if this trial .is to be questioned. ,ln the Oonstitu; ion there is
conducted ealml' as an ;atfair of Slate, no jn-iuciple that permits the coertion of
the ditlicult 'ask must be encountered of a Slate. When suggested, it was delib
disproving the right of a sovereign State , erately excluded ; and if there be. 110th
to withdraw fivm its Union with the oth- i ing that ' can lawfully coerce a" Stat? to
ers, if any counsel dare to use the argu-1 remain, what can lawfully prevent its
ment. It is not generallv believod'in ; going ?
this country that such a right exists ; but j An-l if, as De Tocqueville held, the 1 s
appointed by a traitor, whoever treats
with the einlnissadors treats with the Gov
crnmeir, and with tlni head (f the Gov
ernm 'lit ; and, after this, Mr. Johnson..'
has no iiioiv; right to charge the head of
that Government with treao i .than we
had to char-e it upon 'the. Emperor of
Russia at the close o: ihe Crimean war.
We" cannot take opposite principles,
change them about, reverse them, leave'
them", return to them, to suit the conve
nience of the day. No government can
not play fast and loose in matters of life
or death. . ,
There are other considerations. For
-tpur vears Jelieison Davh was the ap
pointed ruler of eleven great States
States, several of which I. ad been ac
knowledged as free, s -vereign and inde
pendent -powers by the Governments of
Europe. His dominion was no "mere in-snro-ont
district, imt a region ani'de
enough fo - many kingdoms. He sent in
to tlie field great amies, made illusions
bv brilliant victories, and leaders of en
during renown. Supported by a unair
mous'people, he ruled in strict conformi
ty wah the laws of the land and its Con
stitution'. Whe . vehen.endy urged, as
he was, to oppress the opposition papers,
wh'uh were ever buzzing and stinging at
Richmond, greatly to the profit of ihe en
emv, h5 resolutely reused to intei er ...
wi;h the free. lom of the press. H lien
11'r.rml to retaliate the murder or ten men.
.hot in-cold blood at Palmyia. by the
Federal McXeil, under c;rcumstan. es o.
otrocity that none can read wiThm.t a
Bhnddr, he refused to listen t;. the voice
of natural indignation, and declined to
bed one drop of blood exceptor ine ope..
1 .