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Varina Davis, Jefferson Davis: Ex-President of the Confederate States of America, A Memoir by his Wife, Volume 2, Chapter 43: visit to New Orleans and admission to Fortress Monroe. (search)
put them on trial. What was the mean office assigned to the judiciary in this matter? It was to require it to get a jury of twelve men to find a verdict of guilty against them. He called the attention of the court to the sixth amendment of the Constitution, which said, the accused shall enjoy a speedy trial by an impartial jury, in the vicinity where the crime was alleged to have been committed. He referred to the execution of the parties tried for treason in England after the war in 1746, where the accused were carried to a distance from their homes and tried by a jury of strangers, and said it was with a knowledge of these atrocities fresh in their minds that our ancestors framed the constitutional provision quoted. They did not forbid indictments for treason in-so many words, but they rendered them utterly impossible. In framing that Constitution they never intended that a territorial civil war should be followed by indictments for treason. In the view he had presented