Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-01-12
MESSAGE FROM FHERREsIpENF
v..x v, PAWS sAsDnIs eoxssDrnArss
ARE xoT TKIED. I'LL

Tie President to-day transmitted 70 .he
| Senate a nessage IN reply 70 the resolution
calling upon him to inform that Sody upon
what charges jeff Davis Is confined, and wny
| he IS not brought to trial. The President
| ipcloses reports from the Secretary OF War
and Attorney General and at the sane time
inv;;tes the attention Of the Senate TO that por
zion af his ANIMAL message which refers to
| ronorsss me question OF withholding the
| (srr,,;t Courts ofthe United States IN dis
| tricts where their authority has been inter
rupted.
] - ee WAR DEPARTMENT,
u Washinrton. January 4, 1855.
| SIR The annexed Senate resolution, pass
ed December n, 1866, having been referred
to me by you for report / have the honor 20
Fifst-That JEFF Davis was captured BY
the I7n;ted States troops, in the State OF
Gaorr;a- on or about the 10th day Of May,
| is65 and bv order of this Departments has
| heeni and new is. confined in Fortress Men
roe. 10 abide such, action as may be taken
bv the proper authorities of the enited
| States Government.
Seeond-That he has not been arraiSnsd
upon any indictment or formal charge OF
crime. but he has been indicted Tor the
crime of high treason by Grand Jury oi
| the District of Columbia, which Indictment
| is now pending in the SGpreme Court OF SAID
District. He is also charged with tae crime
of melting the assassination OF Abraham LIN
coin. and with the murder OF Union prison
ers Of war BY starvation and other baroarous
| and cruel treatment toward them
Third-The President deems II prudent
that Jefferson Davis should first be put upon
his trial before competent court aad Jury
for the crime of treason lie was aavisSo
by a law officer of the government that tne
most proper place for such trial was an tne
State of Virginia. That State Il WITHIN me
| judicial circuit assigned to the Judge who
has held no court there since the apprensn-
sion of Davis, and who declines for an indei-
mite period to hold any court there
The matters above stated, so far as 1 am
| informed are the reasons for holding Davis
lin confinement. why he has not been brought
Fourth.-Besides Jef. Davis, the follow
inc persons. who aided as officers of the
rebel government, are imprisoned. c. z.
CLAW. at Fortress Monroe, charged, among
| other things. with treason and with com
plicitv in the murder of Mr.. Lincoln, and
organizing band Of pirates, robbers and
murderers in Canada to burn the cities ane
rayage the commerce and coasts OF loyal
States ON the British frontier. ID. l.. 1niee,
| at Fort Pulaski, charged with treason While
holding a seat in the Senate Of the Uniteo
States. and with plotting the capture Of forts
and arsenals of the United States, and with
| | ineitipg war against the Government. >. X.
MALLORY. at Fort Lafayette, treason, and or
! 0anizing and setting on foot Firatical expedi-
tions AGAINST United States commerce and
marine on the high seas.
, Other officers Of the so-called Confederate
Government, who were arrested and lmpris-
oned. have been released on parole to abide
bv the action of the Government, in refer
ence to their prosecution and trial for al
legged ofenses on their applications for aFs-
nestv and pardon. Among these are q.
A Trenholm, Secretary Of the Treasury,
.Iohn A. Campbell, Assistant Secretary Of
War. james A. Seldom, Secretary Of War,
Holm III. Regan, Postmaster Gen., Il. nj. 4,
Hunter. Senator, Alexander III. stephens
Vice President, and sundsy other persons o
less note
Secretary Of War.
9 ArroRNEY GENERALS OFFICE,
January 4th, 1855. Z j
u | Ya The PreideHt--SIR have the honor Y
y acknowledge the receipt from you OF = cop.
| Of n resolution Of the Seuite OF the Snite'
States Of the Dist Of December, $500.
, that resolution the Senate respectfully fe
: quested to be informed upon what eharge
and reasons Jefferson Davis Is still held
confinement and why he has not peen =.
e mon his trial. When the war was at u
J crisis, Jefferson Davis, the commander-iI
e chief of the army Of the insurgents, wa
Il talen prisoner. with other prominent rebeli
g bv the military forces Of the United States
| II was the duty Of the military 50 TO tax
d them. They have been, therefore, and ar
vet held as prisoners Of war. Though aeliy
e hostilities have ceased, state OF war ssll
/ EXISTS over the territory OF the rebellion
Q Until peace shall come in fact and law the
n cannot be lawfully held as prisoners OF wai
II Ihaye ever thought thai trials for high trea
g son cannot be had before a military tupuna
The civil courts have alone Jurisdiction
= that crime. III La.
4 The question then arises, where and whe
P must the trial be held In that clause
ie tbe Constitution mentioned in the resols
C. tion Of the Senate, it Is plainly written thi
II IL must be held in the State and distri'
8 where the crime shall have been commiite'
Mt know that many persons OF learning an
- ability entertain the opinion that the con
A. mander-in-C Chief Of the rebel army ahoul
st be regarded as constitutiOnally PreseI
ooii with all the insurgents who prosecuted mo-
e. tiIities and made raids upon the Norther
Id and Southern borders Of the loyal states.
re This doctrine of constructive presenc
carried ont 10 lis logical consequences, woul
- make all who have been connected with IN
= ! rebel armies. liable tc trial in any State an
- District into which any portion OF those a
~ mics had made the slightest invasion. ~
= I beino persuaded Of the correctness ct IN
o- opinion. but regarding the doctrine me-
y TONED "a Of doubtful conditionality, 1 ha'
~ thouoht Il not proper 10 advise you TO eau
~ r;uinal proceedings to be instituted again
n Jefferson Davis or any other insurgent
"A States or Districts in which they were
he actually present during the prosecution
he hostilities Tff lLE- ,
- Some prominent rebels were personal
H. present at the invasion Of Maryland a.
~ Pennsylvania, but ali, or nearfy sil, OF me
ye received military paroles upon the snrrena
~ Of the rebel armies. While j think IN
,ts | those parties have no ultimate Prosection
he prosecutions for high treason, I nave enyus
that Il would be a violation Of tne paroles
,es prosecute those persons Tor crimes osaoss !
~, noI;tical mower Of the Government has pr
claimed tnaL tnc fcDentci- 80 - ~,
- ed. II follows from what have said thai
:. am of the opinion that Jefferson Davis, q
- Others Of the insurgents, ought % be tried
. snme one Of the States or districts N whs
" they in person especially committed crim
~ with which they may be charged
- When this peace shall have come, m y
~ and in law the persons now held IN militia
"a "a custody as prisoners Of war, who may
~ have been tried and convicted for oiien'
~ aoainst the laws of war, should be transfer
a. into the custody Of the civil authority Of !
8. propagandists TO be tried for such Grim
= Prosecutions are to be instituted before :
IA bunals and at the proper time, against soi
- Of those who were mainly instrumental
an inaueurating, and most conspicuous IN &C
,r- ducting the late hostilities.
r.. Thongh active hossilities have moi ior sol
Ia time existed between the United States
- - fthe insurgents, peaceful relations oatws
r., the Government aud the people IN the STA
55i;. and districts lately in rebellion have not
~ been fully restored. None Of the Justice.
-. -, the supreme Court have held Circnif tou
'a,e In those states and districts since aetisi n
- ~. filities ceased. When the Copits are open.
p@u' @ and all The laws Of Congress cln be pezccf
~. ~ N administered, and enforced m those nta
- - wbose people rebelled against the dose'
A''s ment / should regard i A. a direfni eaia
- Nv n many whom the sword has spared
,ne s law should spare also but should deem
- I...E.I c.1..sttfu .fflt ~ fte Ereu