Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1866-01-19
ATTORNEY GENERALS OFFICE.
january 4, 1866.

| january 4, 1866.
To Ae President
SIR II have the honor to acknowledge
/ the receipt from you of a copy OF the resO-
/ luton of the Senate of the United States
of date the 3lst of December, 1865. In that
resolution the Senate respectfully request
to be informed on what charges and for
what reasons Jefferson Davis is still held in
confinement, and why he has not been put
upon trial
| When the war was at its crisis jefferson
| Davis, the commander-in-ehiefo of the army
of the insurgents, was taken prisoner, with
other prominent rebels, by the military for
ces of the United States. 1t was the duty
of the military so to take them. They have
! been heretofore, and are yet held as prison
ers of war Though active hostilities have
ceased, state of war still exists in the ter
ritory in rebellion Until peace shall cone
in fact, and in law, they can rightfully be
| held as prisoners Of war.
| | have ever thought that trials for treason
cannot be held before military tribunal
| The civil courts have alone jurisdiction of
that crime The question then rises where
and when must the trial thereof be held :?
| In that clause of the Constitution mention
ed in the resolution of the Senate, it is
plainly written that they must be held in
the State and district wherein the crime
shall have been committed | know that
many persons of learning and ability enter
tain the opinion that the commander-in-
chief of the rebel armies should be regard
ed as constructionahy present. with all the
insurgents who prosecuted hostllities, and
made raids upon the northern and southern
borders of the loyal States. This doctrine
OF constructive presence, carried out to its
logical consequence, would make all who had
been connected with the rebel armies liable
to trial in any State and district into which
any portion of these armies had made the
| slightest incurslon. Not being persuaded
of the correctness of that opinion, but re-
garding the doctrine mentioned as if doubt
full, constitutionally, have thought it not
proper to advise you to cause criminal pro-
eeedings to be instituted against Jefferson
Davis or any other insurgent in the States
or districts in which they were not actually
present during the prosecution of hostili
ties.
Some prominent rebels were personally
present ut the invasion OF Maryland aud
Pennsylyania, but all or nearly all of them
received military paroles upon the surrender
Of the rebel armies Whilst | think that
those paroles are not an ultimate protection
for prosecutions for high treason, | have
thought that it would be violation Of the
paroles to prosecute those persons for crimes
before, the political power Of the Govern
msnt has proclaimed that the rebellion has
been suppressed.
Ii follows, from what | have said, that |
am of the opinion that Jefferson Davis and
others OF the insurgents ought to be tried in
some one of the States or districts in which
they may be charged. Though active hos
tllities and fragrant 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 Sap.'elne Court have held circuit courts
IN these States and districts since actual