The Sun.
London, England, 1866-01-29 00:00:00

The Imprisonment of Jefferson Davis.

-0- --
The following appears in the New York papers under
date Washington, Jan. 10 : -
The President to-day transmitted to the Senate a mes-
sage in reply to a resolution calling upon him to inform
that body on what charges Jefferson Davis is confined, and
why he is not brought to trial. The President encloses
reports from the Secretary of War and the Attorney-Ge-
neral, and at the same time invites the attention of the
Senate to that portion of his annual message which refers
to Congress the question connected with the holding of
circuit courts of the United States within the districts
where their authority has been interrupted.
War Department, Jan. 4, 1866.

Sir,—ln reply to the annexed Senate resolution passed
December 21, 1865, referred to me by you for report, have
the honour to state : First - That Jefferson Davis was
captured by the United States troops, in the State of
Georgia, on or about the 10th day of May, and by order of
this department has been and now is confined in Fortress
Monroe, to abide such action as may be taken by the proper
authorities of the United States Government. Second—
That he has not been arraigned upon any indictment or
formal charge of crime, but has been indicted for the crime
of high treason by the grand jury of the district of Colum-
bia, which indictment is now pending in the supreme court
of the said district ; he is also charged with the crime of
inciting the assassination of Abraham Lincoln, and with
the murder of Union prisoners of war by starvation, and
other barbarous and cruel treatment toward them. Third,
The 1%-esident deeming it expedient that Jefferson Davis
should first be put upon his trial before a competent court
and jury for the crime of treason, he was advised by the
law officers of the Government that the most proper place
for such trial Was in the State of Virginia. That State is
within the judicial circuit assigned to the Chief Justice of
the Supreme Court, who has held no court there since the
apprehension of Davis, and who declines for an indefinite
period to hold any court there. The matters above stated
are, so far as I am informed, the reasons for holding Jeffer-
son Davis in confinement, and why behas not been brought
I.to trial. Fourth—Beside Jefferson Davis, the following
persons, who acted as officers of the rebel Government, are
imprisoned, to wit : Clement C. Clay, at Fortress Monroe,
charged, among other things, with treason, with conspiracy
in the murder of Mr. Lincoln, and with organising bandsof
pirates, robbers, and murderers in Canada, to burn the cities
and ravage the commerce and coasts of the loyal States on
the British frontier; D. L. Yulee, at Fort Pulaski, charged
with treason while holding a seat in the Senate of the
United States, and with plotting to capture the forts and
arsenals of the United States, and with inciting war against
the government ; S. R. Mallory, at Fort Lafayttc, charged
with treason, and with organising and setting on foot pi-
ratical expeditions against the United States commerce and
marine on the high sear. Other officers of the. so-called
Confederate government, arrested and imprisoned, have
been released on parole, to abide the action of the govern-
ment in reference to their prosecution and trial for alleged
offences, on their applications for amnesty and pardon.
Among these aro G. A. Trenholm, Secretary of the Trea-
sury; J. A. Campbell, Assistant Secretary of War; J. A.
Section, Secretary of War; J. 11. Reagan, Postmaster-
General ; R. M. T. Hunter, Senator ; Alex. H. Stephens,
Vice-President ; and sundry other persons of less note.
E. M. STANTON, Secretary of War.

To the President.
Attorney-General's-office, Jan. 4, 1866.
To the President.—Sir,---I have the honour to acknow-
ledge the receipt from you of a copyof the resolution of the
Senate of the United States of date Dec. 21, 1865. In that
resolution the Senate respectfully request to be informed
upon what charges and for what reasons Jefferson Davis is
still held in confinement, and why he has not been put on
hid trial. When the war was at its crisis Jefferson Davis,
the commander-in-chief of the army of the insurgents, was
taken prisoner, with other prominent rebels, by the mili-
tary forces of the United States. It was the duty of the
military so to take them. They have been heretofore and
are yet held as prisoners of war. Though active Hostilities
have ceased, a state of war still exists over the territory in
rebellion. Until peace shall have come in fact and in law
they can rightfully be held as prisoners of war. I have
ever thought that trials for high treason canwat be had
before a military tribunal. The civil courts have alone
jurisdiction of that-crime. The question then arises, when
and where must the trials thereof be held ? In that clause
of the constitution mentioned in the resolution of the
Senate, it is plainly written that they must be hold in
the State and district " wherein the crime shall
have been committed." I know that many persons of
learning and ability entertain the opinion that the com-
mander-in-chief of the rebel armies should be regarded as
constitutionally present with all the insurgents who prose-
cuted hostilities and made raids upon the northern and
southern borders of the loyal States. This doctrine of con-
structive presence carried out to its logical consequences
would make all who had been connected with the rebel
armies liable to trial in any State and district into which
any portion of those armies had made the slightest incur-
sion. Not being persuaded of the correctness of that opi-
nion, but regarding the doctrine mentioned as of doubtful
constitutionality, I have thought it not proper to advise
you to cause criminal proceedings to be instituted against
Jefferson Davis or any other insurgent in States or districts
in which they were not actually present during the prose-
cution of hostilities. Some prominent rebels were perso-
nally
lrsent at the invasion of Maryland and Pennsylvania,
or nearly all of them, received military paroles upon
the surrender of the rebel armies. While I think that those
‘h t
parties have no ultimate protection for prosecutions for
hi;:t,rolesreta:on,l
prosecutehar thoseethougpchrtsiotns forwouldcrimes be
maesvibeolfaotiioenthoef thpo-
litical power of the Government has proclaimed that the
rebellion has been suppressed. It follows, from what I have
osathide,rtinhastulrgaemntsoofutghhet
to
opibne triediont in some of the States or
that Jefferson Davis and
districts in which they
in 13e3,3rscohn.gespeciaTllhyoucogmhmittl
active
ec
crimes with which they may
hostilities and flagrant war have not for.
some time existed
between the United States and the insurgents,
relations between the Government and the peoplepeaceful
the States and districts in rebellion have not yet been.
in
fully restored. None of the justices of the Supremo

Court have held circuit courts in those States and dis-
tricts since actual hostilities ceased. When the courts are
open and all laws can be peacefully administered and en-
forced in those States whose people rebelled against the
Government, when thus peace shall come in fact and in law,
the persons now hold in military custody as prisoners of
war, and who may not have been tried and convicted for
offences against the laws of war, should be transferred into
the custody of the civil authorities of the proper districts,
to be tried for such high crimes and misdemeanors as may
be alleged against them. I think that it is the plain duty
of the President to cause criminal prosecutions to be insti-
tuted before the proper tribunals, and at all proper times,
against some of those who were mainly instrumental in
inaugurating and most conspicuous in conducting the late
hostilities. I should regard it as a direful calamity if many
whom the sword has spared the law should spare also ;
but I would deem it a more direful calamity still if the
Executive, in performing its constitutional duty of bringing
those persons before the bar of justice to answer for their
crimes, should violate the plain meaning of the constitu-
tion, or infringe in the least particular the living spirit of
that instrument.

I have the honour to be, most respectfully,
JAMES SPEED, Attorney-General.

Remarkable Letters of Stephens.

The New York Daily News of the 13th inst. says:—
"The following letters from James Stephens, C.E.I.R.
will be read with intense interest by every every Fenian,
in the United States and Canada. They arrived by mes-
sengers, from Europe, at Head Centre 011ahony's head-
quarters, yesterday, and their importance, as bearing upon
the present condition of the F.B. here in Canada, has been
deemed sufficient to warrant their publication in the New
York Daily News. Were we at liberty to print the story of
the way in which the messenger succeeded in securing the
letters from the vigilant eyes and fingers of the eager au-
thorities, it would prove almost as interesting to many as
the contents of the letters themselves :

." To John 011ahony, Esq., Representative and Financial
Agent of the Irish Republic in the United States.

--, Dec. 22, 1865.

"Brother and Friend,— The only misunderstanding ever
possible between you and rue has been occasioned by what
I deemed your drag-chain policy. Knowing the absolute
necessity for action within a given time, and aware that
you did not agree with me in this, it has been a constant
fear with me that,so far as the F.B. was concerned, the time
would come and find us unprepared. This apprehension has
kept me in a state of pain and irritation also, and so I have
often said and written things which must have hurt you
most keenly. For all this I now sincerely ask your for-
givenness. Let me add, however, that I would not do so,
though you were on your dying bed, and I on mine, if you
had not entered, albeit very late, on the only path of salva-
tion for our land and race. Treason and baseness in every
shape have been at work around you, and to such effect as
to have put the cause of Ireland in serious peril. Before my
escape from Richmond Bridewell, I should have looked on
the actual state of things as all but certain ruin. That event,
for it is nothing less, hasgiven such marvellous strength to
our work, and to me such influence, that I can now under-
take to hold our forces together for some time longer. Still
it is of the utmost urgency to make this delay as short as
possible ; for delay in our case is of more than proverbial
danger, and I could not long hope to hold against tho strain
of time ; but, as you are on the right path at last, I rely
on your bringing affairs to a speedy issue —to break with
treason and baseness of all kinds, to brand it, smash it was
the policy—and I rejoice at your having made it yours.
The manhood of Ireland rejoices at it with me, for it in-
dicates the justice of their judgment regarding a wretch,
P. J. Meehan, whose advent to this country was an insuit
to our reason, manhood, andpatriotism. Wishing to work
harmoniously with the F. 8., I put a curb on my tempJr in
presence of the shallow knave, and even risk my repu-
tation in order to set him fairly with my friends. His pro-
fessions and letter to you (were they sent ?) together with
my representations, did away with much of the disgust and
indignation stirred up by his presence. But, even before
ho left, the cloven foot was again visible to all. He
sneaked out of the country. Well, 1 saved his life, as Iso
often saved that of his kindred carrion Cada. Brand him
now without pity. It grieves me to hear that Michael
Scanlan is in the ranks of cowardice; and treason; but what-
ever I may have cnco thought of him, or anybody else,
the instant they prove false to Ireland, I would lash them
away from me like so many dogs. Away with all such
fools and rogues at once. If our ranks be somewhat thinned
by this summary riddance of traitors, our reliable strength
is but increased. By the way, some good men were sent
over hero by Scanlan. We know how to appreciate them.
But ho sent over others of so vile a kind that, at their first
interview with me, they, in confidence, accused each other
of robbery, and I know not what ! It may be that such
scoundrels would fight; but, till we are actually iu the
field, follows of their stamp would be a standing shame and
danger to us. Thank Gud, they have sneaked away --some
of them at the merest shadow of danger. May they never
pollute our shores! Cut and hack the rotten branches
around you without pity. This can be done safely at your
side, because the stag is harmless then,. . . .

" lam pressod for 61113. This is of little consequence, I
hope, as almost all you could need to know will 63 found
in the letter of the MC., brought out by General-, and
anything that letter may lack the general is the very man
to make good.

" ' The accompanying document confers on you in Ame-
rica, Canada, &c., the absolute and unquestionable authority
of representative and financial agent of the Irish Republic.
—With the uld friendly feeling, I am yours fraternally,
" JAMES STEMENS, C.E.I.R.' "
"'To the Members of the Fenian Brotherhood and the
Friends of Ireland generally in the United States of
' America, Canada, &e.

" Dec. 23, 1835.

" Countrymen and Friends - Aware that certain mem-
bers of the Fenian Brotherhood, and notoriously the
" Senate" cf that association, have, madly and traitorously
moved to a mad and traitorous end, raised the cry of " To
Canada !" instead of the cry " to Ireland !" and aware that
John 011ahony, known as Head Centro and President of
the Fenian Brotherhood, has wisely and firmly, and in duty
bound, opposed this mad and traitorous diversion from the
right path—the only path that could possibly servo our
country and our race—l, in consequence, hereby appoint
the said John O'Mahony representativeand financial agent
of the Irish Republic in the United States of America, Ca-
nada, &c., with amplo and unquestionable authority to.. .
and in all other ways in whisk, to the best of his judg-
ment, he can serve Ireland--that land to which ho has
devoted life and honour. I hereby authorise and call upon
him to do so. " JAMES STEPHENS, C.E.I.R.' "