Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-04-15
JEFFERSON DAVIS-WHY HE HAS
NOT BEEN TRIED, AND HOW
HE Is TO RE TRIED.
From the Now York Tines

From the Now York Times
WASHINGTON, Tuesday, April 10.-As
there is much speculation concerning Jeffer-
son Davis, and as there have recently been
rumors of process being commenced to re-
lease him from confinement without a trial,
il may be stated that the Secretary of War,
in a letter dated January 4, says that JEFF
ferson Davis has not been arraigned upon
indictment or formal charge Of 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. He
is also charged with the crime of melting
the assassination Of Abraham Lincoln, and
Of the murder of the Union prisoners of
war bv starvation, and other barbarous and
cruel treatment towards them. The Presi-
dent, deeming it expedient that Jefferson
Davis should first be put upon his trial be-
fore 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; that State is within the judi
cial circuit 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 |
am informed, the reasons for holding JEFF
ferson Davis in confinement, and why he
has not been put upon his trial. The At
torney-General of the u. States expressed
himself against the doctrine Of "cOnstruc-
tive presence" giving the opinion that JEFF
ferson Davis and Others of the insurgents
ought to be tried in some of the States or
districts in which they in person respective
w committed the crimes with which they
may be charged. None of the Justices of
the Supreme Court have held Circuit Courts
in these States and districts since actual hos
Utilities ceased; and, he adds, when the
| Courts are open, and the laws can be peace
| fully administered and enforced in these
States, whose people rebelled against the
! Government; when thus peace shall have
| come in fact and in law, the persons now
held in military custody as prisoners of
war. and who may not have been tried and
convicted for offences against the laws of
war, should be transferred into the custody
Of the civil authorities of the proper dis.
tricts to be tried for such high crimes and
misdemeanors as NAV be alleged against
them think that it is the plain duty Of
L
to be instituted before the proper tribunals,
and, at the proper times, against some of
| those who were mainly instrumental in in
augurating, and most conspicuous in con-
Quoting the late hostilities.
1t will be recollected that the President, in
his annual message, said that strong objec-
tions had been urged TO holding those courts
in any of those States where the rebellion
has existed; and it was ascertained, by in
quiry, that the Circuit Court Of the United
States would not be held in the District of
Virginia during the autumn or early win
ter, nor until Congress should have an OPP
portunity to consider and act on the whole
subject. To the deliberation of Congress,
| he added, the restoration of this branch of
| the civil authority was necessarily referred,
with the hope that early provision would be
made for the resumption of all its functions,
| in order thatYersons charged with the COM
| mission of treason should have fair and i'm
| partial trials in tue highest civil tribunals
Of the country. Congress has not yet, how
over, passed any act in accordance with this
recommendation TO remove the objections Of
Chief Justice Chase, and here the matter
rests for the present.
| The Judiciary Committee of the House
| has appointed a subcommittee, consisting
| Of Messrs. Boutwell,, Rogers and Wilson, to
examine the records in possessin of the Bu-
reau of Military Justice and other depart
| ments of the Government, with reference to
the alleged completely of JEFF. Davis in the
| assassination plot