Cleveland daily leader. [volume] ([Cleveland, Ohio]) 1865-1873, 1866-04-14
me status Of Jeaerson Davis.

ING Hl0EuN OA
A letter written by the Secretary OF
War in January last has lately been pup
Hshed. in which he says that Jefferson
Davis has not been arrsigned upon in
aic.n.n or formal charge of crime, but
has been indicted for the crime of high
treason by the Grand Jury of the Dis
trict of Columbia, which indictment is
now pending in the Supreme Court OF
said District. He is also charged with
the crime Of melting the assassination OF
Abraham Lincoln, and with the murder
of the Unien prisoners of war by starva-
tioa and other barbsrous and cruel treat
ment towards them. The President
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. The Attorney General has re-
pudiated the doctrine of constructive
presence" {. G, that the chief Of an in
surrection Is ~coDstrHctively present with
the insurgents wherever they may COM
NIT omen hostilities. Under this opinion
the government will decline to prosecute
suit against Jefferson Davis for treason In
MARYLAND or Pennsylvania, and will only
urge the matter before the United States
Circuit Court in Virginia where the overt
treason Of the p~seudo-President was COM
mitsed. But, as this state has been IN in
surrection, and that insurrection had not
been declared at an end until the Presi-
dents proclamation Of the ind inst. the
Chief Justice has declined to hold court
there, and it is probable that he will con-
tinue 50 TO decline until the %rsconstruc-
ton Of Virginia and her restoration
TO the Union Is effected by Con-
eresA. which alone has the power and au-
thority to'consummate the work. If this
be the case, and if the President insist
that Davis shall only be tried for treason,
and in Virginia, the matter will remain
IN statU quo until Congress shall act upon
the restoration of Virginia to the Union
In q recent letter to the President on
the subject the Attorney General says
aWhen the courts are open and the laws
Goan be peacefully administered and en-
aforoed In these states whose people re-
SPELLED against the government when
'thus peace shall have come in fact and II
Glaw, the persons now held in military
acustody as prisoners of war, and who
Gmay not have been tried and convicted
afer offences against the laws of war,
SHOULD be transferred into the custody OF
aFhe civil authorities Of the proper dis
utricts, to be tried for such high crimes
aand misdemeanors as may be alleged
Gaeainst them. I think it Is the plain du-
sty Of the President to cause criminal pros
eeoutions to be instituted before the
s'proper tribunals and at the proper m
aaRainst some Of those who we're mainly
Instrumental in i~naugurating, and most
conspicuous in conducting, the late hos
atiiities."
It will be recoIlected that the President,
in his annual message, said that strong
objections had been urged to holding these
courts in any of the states where the re-
bsllion hiss existed and it was ascertained
by inquiry that the Circuit Court oft
United States would not be held in the
district of Virginia during the autumn or
early winter, nor until Congress should
have an opportunity to consider and
act upon the whole subject. To the
~deliberation of Congress, he added, the
restoration Of this branch of the civil au-
thority was necessarily referred, with the
hope that early provision would be made
for the resumption of all its functions, in
order hat persons charged with the COM
mission of treason should have fair and
impartial trials in the highest civil
tribunals Of the country. Congress has
not yet however, passed any act in &C
cordance with this recommendation to re-
move the objections Of Chief Justice
Chase, and here the matter rests for the
present.