Daily National Republican

Why Jefferson Davis Should Not be

Tried by a Jury.

J. P. Bishop, Esq., of Boston, in a note to

the third edition of his valuable Commentaries on the Criminal Law, propounds some

new and striking views as to the right of

Jeff. Davis to a trial by jury. He says:

In a case like that of Mr. Davis, there is

no question of identity to be decided; and

the Government has, during four whole years,

in every variety of form, pronounced, not

that there was a violent suspicion against

him, and that it was desirable that he should

be arrested and put on trial to see whether he

was guilty, but that, absolutely, he was

guilty; and, on this declaration, the Government has pledged its credit to lenders of

money to an enormous extent, and cemented

the declaration in the blood of thousands

slain.

Every good citizen, every truly loyal man,

has given his voice with the Government.

He who has not done so is not fit to be a

juror in the trial of any cause. Yet a jury

trial by a panel of jurors who have done so is

a farce. The case could not go into a civil

court and be there submitted to a jury without bringing the whole system of trial by

jury into contempt.

But is it to be thought of without a shudder, that, after the expenditure of so much

blood and treasure, the Government is to

submit the question between itself and Jefferson Davis to a jury of twelve men—all of

whom must be improper persons to sit on a

jury, if the ordinary rules are to be applied

to them, or they could not get into the jury

box—to determine by verdict between the

legitimate government and the rebel government, and decide which is in the wrong.