Page:Southern Historical Society Papers volume 29.djvu/77

 The Tri'il* and 7'/W of Jefferson Davis. 61

tors in civil courts although they and their ancestors had for several generations been uniformly regarded and treated as public enemies carrying on war against the ultimate victor a regular national war. This cannot be admitted. The law of nature forbids it; and there are broad and comprehensive doctrines deducible from the universal practice of nations which forbid it. And these doctrines are founded in necessity as well as in reason and justice. "



"These views induced a belief that Jefferson Davis could not be lawfully convicted of treason, and that to compass his death by means of a civil trial, judgment, and execution would be disgraceful to those who administered the goverment and discreditable to our people. Therefore gentlemen at the North entertaining strong opinions against the right and the act of secession united in requesting counsel to in- terpose a defence should anything of the kind be attempted." (See Chase's Reports, pages 12, 14, 17.)

It must not be forgotten that before Mr. Davis was brought to trial Messrs. Horace Greeley, Cornelius Vanderbilt, and Gerrit Smith offered the nselves as bondsmen on any bail bond which might be required of him, and were among the obligors when it was finally taken, nearly two years after the tender was made.

An indictment against Davis was found in the Circuit Court of the United States for the District of Virginia, on the 8th of May, 1866. It presented

" Jefferson Davis, late of the city of Richmond, in the county of Henrico, in the district of Virginia, aforesaid, yeoman, being an in- habitant of and residing within the United States of America, not having the fear of God before his eyes nor weighing the duty of his said allegiance, but being moved and seduced by the instigation of the devil, and wickedly devising, intending the peace and tranquility of the said United States of America to disturb, and the Government of the said United States of America to subvert, and to stir, move, and incite insurrection, rebellion, and war against the United States of America, on the i5th day of June, 1864, in the city of Richmond, &c., &C.,"

with the usual adjectives and strong language of such literature.

On the 5th of June, 1866, Messrs. James T. Brady, of New York; Wilham B. Reed, of Philadelphia; James Lyons and Robert Quid, of Richmond, appeared in the Circuit Court for the city of Rich- mond as counsel for Mr. Davis, and through Mr. Reed, in very terse