The Portland daily press., 1866-01-11


Second, that he has not been arraigned upon
any Indictment or formal crime, but has been
convicted of ths crime of high treason by the
| grand jury Of the District OF Columbia, which
| Indictment is now pending in the Supreme
| Court of the said District. He is also charged
with the crime of melting the assassination of
| Abraham Lincoln, and with the murder of
| Union prisoners of war by starvation and 9TH
| er berba-ous and cruel treatment towards them.
Third, the President deeming it expedient
that Jefferson Davis should first be put upon
his trial before competent court and jury
| for the crime OF treason, he was advised by
the law officer of the Government that the
most proper place for sucha trial was in the
State of Virginia. That State is within the
judicial circuit of 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 1 lam informed, the reasons for
holding Jefferson Davis in confinement and why
he has not been brought to trial.
Fourth, besides Jefferson Davis, the follow
ing persons, who acted as officers of the rebel
government, are imprisoned, to wit: Clement
g. Clay, at Fortress Monroe. charged, among
other things, with treason, with completely in
the murder Of Mr.. Lincoln, and with organic
ing bands of pirates, robbers and murderers in
Canada, to burn the cities and ravish the COM
meIce and coasts of the loyal States on the
British frontier; d. L. Yulee, at Fort Pulaski,
charged with treason while holding seat in
the Senate OF the United States, and with
plotting to capture forts and arsenals of the
United States, and with melting war against
the United States; s. R. Mallory, at Fort La
fayette, charged with treason, and organizing
and setting on foot piratical expeditions against
the U. 5. commerce and marine on the high
seas. Other officers of the so-called Confed-
crate Government arrested and imprisoned,
have been released on parole to abide the ac-
ton of the Government in reference to their
prosecution and trial for alleged offences, on
their applications for amnesty and pardon.
Among these are G. A. Trenholm, Secretary
Of the Treasury; John A. Campbell, Assistant
Secretary of War; j. S. Seldom, Secretary of
War; John 81. Reagan, Postmaster General;
r. M. T. Hunter, Senator; Alexander H.
Stevens, Vice President, and sundry other per-
sons of less note.
(Signed,) E. M. STANTON,
Secretary Of War.
ATTORNEY GENERALS OFFICE,
Washington, Jad. 8, 1865.
To the President:
SIR:-I have the honor to acknowledge the
receipt from you of copy of the resolution of
the Senate OF the United States of the date Of
the 21st of December, 1855. In that resolu-
ton the Senate respectfully requet to he in
formed upon what charges and tor what rea-
son Jefferson Davis is still held in confne-
ment, and why he has not been put on trial.
When the war was at its crisis Jefferson Davis,
commander-in-chief of the army of insurgents,
was taken prisoner, with other prominent reb-
els, by the military forces of the United States.
1t was the duty OF the military to take They
have been heretofore and are yet held as pris-
oners OF war. Though active hostilities have
ceased, state of wor still exists over the ter
1itory in rebellion, and, until peace shall come
in fact and in law, they can rightfully be held
as prisoners of war. have ever thought that
trials for high tretson cannot be had before
military tribunal. The civil courts alone
have jurisdiction of that crime. The question
then arises, where and when must the trials
thereof be held in that clause of the constitu-
ton, mentioned in the resolution of the Sem
ate? 1t is plainly written they must be held
in the State and dis riot wherein the crime
shall have been committed. I know MANY
persons OF learning and ability entertain the
opinion that the cOmmander-in-c chief of the
rebdl armies should be regarded as constitu-
tonally present with all the insurgents who
PROSECUTED hostilities and made raids upon the
northern and southern borders of the loyal
States. This doctrine OF constructive pres
ence, carried out to its logical consequence,
would make all who have been with the rebel
armies liable to trial in any State and district
into which any portion of those armies had
made the slightest incursion. Not being per
suaded OF the correctness of that opinion, but
regarding the doctrine mentioned as of doubt
full conslitutionality, have thought it not
proper to advise you to cause criminal proceed
ings to be instituted against Jefferson Davis,
or any insurgent in States or districts in which
they were not actually present. during the pros
ecution OF hostilities.
Sone prominent rebels were personally
present at the invasions Of Maryland and
Pennsylvania, but all, or nearly all, of them
received military paroles upon the surrender
of the rebel armies. While, think, those
persons have no ultimate protection from pros
ecution for high treason, have thought that
it would be violation of their paroles to pros
ecute those persons for crimes before the DO
litical power of the government has proc aimed
that the rebellion had been suppressed.
1t follows, from whae have said, that I am
OF the opinion that Jefferson Davis and others
OF the insurgents ought to be tried in some one
OF the Jtates or or districts in which they in
person especially committed the crime with
which they may be charged. Though active |
hostiiities and hagrant war have not for some
time existed between the United States and
the insurgents, peaceful relations between the
government and the people in the States and
districts in rebellion have not yet been fully
restored.
None of the justices of the Supreme Court
have held circuit courts in these States and
districts since actual hostilties ceased. When
the courts are all open and all the laws can be
peacefully administered and enforced in
those States whose people rebelled against
the government of the United, when this
peace shall have come in fact and in law,
The persons now held as prisoners of war,
and who may not have been tried and convict
ed of offences against the laws of war, should
be transferred into the custody of the civil au-
thorlties OF the proper districts, to be tried
for such high crimes and misdemeanors as
may be alleged against them.
l think it is the plain duty of the President
to cause criminal prosecutions to be instituted
before the proper tribunals at all proper times,
against some of those who were mainly in
strumental in inaugurating and conducting
the late hostilities. I should regard it as
direful calamity if many whom the sword has
spared the law should spare also. But / would
deem it more direful calamity still if the
Executive, in the performance OF his Constitu-
tional duty OF briging those persons before the
bar OF Justice to answer for their crimes should
violate the plain meaning of the Constitution,
or infringe in the least particular the living
spirit of that instrument.
l have the honor to be,
Most respectfully,