Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1866-01-16
WHY jeff. Davis is not Tried.


Why jeff. Davis is not Tried.
Lest Wednesday the President transmitted to
Congress. IN answer to a resolution calling up
on him for information respecting the charge
upon which JEFF. DAVIS is confined, and why he Is
not tried, the reports of the Secretary OF War,
and Attorney General and the President also
called the attention Of Congress to the portions
OF his message respecting the difficulty of hold
ing Circuit Courts in districts which have been
in rebellion. Secretary Stan toms report is as
| follows:
WAR DEPARTMENT, Jan. i, 1866.
SIR In the annexed Senate resolution
passed Dec. 81, 1865, referred TO me by you for
report, have the honor to state FIRST: That
Jefferson DAVIS was captured by United States
| troops IN the Sta of Georgia, about the
ION day OF May, 1865, and by order OF this
Dcpartmen has Deen ana low is couhned IN
Fortress Monroe, - abide such acLon as may be
taken BY the proper authorities OF The United
States Government. Second: Thst he has not
been arraIgned upon any Indictment or formal
charge ct crime, but has been indicted for the
crime of high treason by the Grand Jury Of
the District OF Columbia, which indictment is
now pending IN the Supreme Court of said
District and he 10 also charged with the crime
of melting the assassination oi Abraham LIN
coin, and with the murder of Union prisoners
Of war by starv ition and other barbarous and
cruel treatment toward them. Third The
President, deemlng 1t expedIent that Jefferson
Davis should first pat upon his trial before d
competent court and jury Tor the crime OF trea-
son, he Was ADVISED by the law officer OF the
Oo'efhment tnat the most proper place Tor soch
,Tisi Was IN the State Of Virginia Tus: Safe
Is within The Judicial ci.cuit assigned 10 the
Chief Justice VI the Supreme Coalt, who hss
neld no count there Since thu apprehension Of
Davis, and who declines for indefinite persod
TO hold any Court there. The matters above
stated are, 60 Jar as | am informed, the reasons
tor holding jefferson Davis il Confinement, and
why he has not been brought to trial.
The report q Attorney q 'uer4! Speed stz.es
that JEFF. Davis WIS captured and is still held
as prisoner OF war by the military authorities;
that though active hostilItles have ceased, d
state of war still exists the territory in re-
bellion" and until peace shall come in fact
and in law, he can righ:fuliy De held as a pris-
oner OF war" The report continues follows
have ever thought trials tor high treason
cannot be had before d military tribunal. Tue
civil courts have alone jurisdiction OF that crime
The question then arises, Where and when must
tbs trial thereof be held -? In that clause of the
VI
Senate, IL is plainly written that they must be
held IN the Stale and District wherein the
crime shall have been committed" | know
hat many persons OF learning and ability en-
terrain the opinion that the COMMANDMENTS
Chief of the rebel armies shou Id be regarded as
consrltutionsIly present with ali the lnsurg gents
who prosecuted hostilities and made raids upon
the northern aad sou hern borders OF the lolal
States. 1his Doctrine vi constructive presence,
% - Il
make ali who had been connected with the reb-
ell armies liable 10 tria! III any State and Dis
trIct into " hIch any portlon OF those armies had
made The siighte;s IncursIon. Not being pe1-
suaded OF the correctness oi that opinion, but
regarding the doctrine mentioned as Ut dou btfu
constltutIonalIty, L have thought /: not proper
To advise you - cause criminal proceedings 70
be Instituted against Jefferson DAVIS, or any
other insurgents In States district 10 which
they were not actually present during the pros
ecu ton vi hostIlitles. Some prominent rebels
were personally present at the invasion u Ma-
ryiand and PenDsy lyanIa, bat al, or really
all, Of them received military paroles upon the
surrender vi the rebel armies. While | think
that those parties have no ultimate protection
tor prosecutions Tor high treason, | have
thought that IL would be Il violation of the pa
roles to prosecute those persons for crime before
the poitic4 power oi the government has pre-
Claimed hat .he rebellion has been suppressed
1t follows from what l have sIid that a,n Of
the opinion tia; Jefferson Davis and Others OF
the insurgents ought 10 be tried IN some one OF
the States or districts, IN which they 10 PERSON
especially committed crimes with which they
may be charged. Thou &C i've hostIiirIes and
fragrant war have no. for sJme time existed be-
tween the United States and the insurgents,
peaceful relations between the government and
The people IN the States and districts in rebel
lion have not yet been fully restored. None of
of b.r III
circuit courts in those States and districts sincs
actual hostililies ceased. When the courts are
open, and Ali laws can be peacefully admins
tered and enforced IL those States whose people
reDelled against The government when thus
peace shall have come in fact and In law, the
persons now held IN military custody as prison.
ers OF war and who may not have been tried and
convicted for ofenses against the laws of war
should he transferred into the custody OF the
civil authorities OF the proper districts, to be
tried Tor such high crimes and LII Isdem eanUrs as
may be alleged against them. | think that It
Is the plain duty OF the President to cause Grim
NAL prosecutions TO be iusti uted before the
proper tribunals and at all proper tunes against
some OF those who were mainly instrumental 10
inaugurating and most conspicuous III conduct
Ing the late hCsnlIties. 1 should regard /, as Il
direful calamity If many whom the sword has
spared, the law should spare also but | " 1ad
deem II more diretul Calamity still if the Ex
eentIve, IN performing his constitutional duty
OF bringing those persons before the bar OF JUS
tice t. answer for their crimes, should violate
the plan meaning OF the Constitution, or in
fringe, IN the least particular, the living spirit of
that rumens.
From these reports 1t is apparor that JEFF.
Davis ls not tried because the President and his
cabinet have determined TO try him for treason
before civil court, and Chief Justice Chase de-
ciines to hold a court IN VirginiI Ii will be-
remembered that 1t was stated semi-uficIalIy.
some time Since, that judge Chase had refused
To hold his court in Virginia, Dec .use that State
was still under the rule Of martial law and the
witt OF h0beds corpus ana the decisions of ais
tribunal were liable at any time to be set aside
or suspended By the military authorities and,
No doubt, the same reason is still influencing
him. Although Virginia has had 10 Provision.
al Governor, it has yet been much under the
military government as any rebel State, and the
commander of the dep irtmeut is its supreme
iawgIyer and 1t is not surIr,sipp under such