The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-01-13
JEFF DAVIS.

WASHINGTON, Jan 10.
The President to-day transmitted to
/ the Senate message in reply to reso-
luton calling upon him to inform that
I body charges Jefferson Davis
is confined and why he Is not brought
j to trial. Ifs tf1iiiLats
/ The President encloses reports from
the Secretary of War and Attorney
General, and at the same time invites
the attention of the Senate TO that por-
ton OF his annual message when re,
fers to Congress the question connected
I with the holding of the Circuit courts II
| of the United States within the uls-
| tricts where their authority has been IN
tercepted: w - EtJJJLL =.
WAR DEPARTMENT, Jan. 4, 1856.
SIR: In reply to the annexed Senate
resolutions, passed December Il, 1853,
| referred to me by you for report, have
| the honor to state-First, That Jefferson
1 Davis was captured by United States
/ troops in the State OF Georgia, on or
about the tenth DAY OF May ieoo' ana
| by order of this Department has been
and now is confined in Fortress Mon
roe, TO abide such action as may be
taken by the proper authorities of the
United States Government.
Second-That he has not been ar
raigned upon any indictmentof formal
charge or crime, but has been indicted
for the crime of high treason by the
Grand Jury of the District of Columbia,
which Indictment is now pendingin the
| Supreme Court of the said District. lie
is also charged with the crime OF incl
| ting the assassination of Abraham
Lincoln, and with the murderer Union
prisoners of war, by starvation ana
other barbarOus and cruel treatment
towards them.
b Third The President deeming tex
/ To nONyig ghnul6 first
| he nut upon his trinl before a compe-
itcnt court and jury for the crime of
| treason, lie WIls advised by the law Off
Ger of the Government that the most
proper place for such trial was in the
State OF Virginia. That State is within
the judicial circuit assigned TO the Chlei
Justice OF the Supreme Court, who has
held no court there since the npprehen-
sion 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 hold
| ing Jefferson Davis in confinement, and
why he has not been put upon, trial. c
| Fonrth. Besides Jefferson Davis, the
| following persons, who acted as officers
of the rebel Government, are imprison-
ed, to wit: Clement c. Clay, ut Fortress
| Monroe, charged among other things
| with treason, with completely in the
murder of Mr.. Lincoln, and with or
ganiIing bands of pirates, robbers and
murderers in Canada, to burn the cities
and ravage the commerce and cnasts of
| loyal States on the British frontier. ID.
| u, Yulee, Mt Fort Pulaski, charged with
treason while holding "a seat in the Sen
nte of the United States, and with plot
tingdo capture the forts and arsennls of
the United States, and with melting
war and rebellion aguinst the Govern
ment. S. X. Mallory, mt Fort Lafay-
cite, charged with treason, and with or
EaniZing and setting on foot pirntlcal
Iexpeditions against the United states
| commerce and marine on the high seas.
Other officers of the so-called Conteder-
ate Government, arrested and 1mprls-
oned, have been released on parole to
abide the action of the Government IN
reference to this prosecution, and that
for alleged offences, on their 'applicn-
ton for amnesty and pardon. Among
these are S. y, Trenholm, Secretary of
the Treasury: John A. Campbell, As
don, Secretary of War; John III. Rea-
gan, Postmaster General; X. NJ. Il. Hun
ter, Senator; Alexander III. Stephens,
Vice President, and sundry other per-
sons of less note.
EDWIN NJ. STANTON, Sec'y of War.
ATTORNEY GENERALfs OFFICE,
January 4, 1866.
| To The President:
SIR have the honor to acknowlE
edge the receipt from you of copy OF
the resolution of the Senate OF the uni
ted States, of date the 21st of December,
1866. In that resolution the Senate re-
spectfulIy requests 20 be informed upon
| what charges and for what reasons JEFF
| ferson Davis is still held in contine-
ment, and why he has not been put
upon trial3 -------'e---.t -. -
| ,f,fe Tsaff
sou Davis, the coIliflander-in-chief OF
the army of the insurgents, was tnken
prisoner, with other prominent rebels,
| by the military forces of tho United
States. 1t was the duty of the militia
ry SO to take them. They have been
ers OF war. Though active hpstilities
have ceased, a state of war still exists
| in tho territory in rebellion. Until
/ peace shall come in fact, and in law,
they can rightfully be held as prisoners
ofwRr. ~
l have ever thought that trials for
| treason cannot be held before u militia
| nv tribunal. The civil courts have alone
| Jurisdiction of that crime. The ques-
tion then rises, where and when must
the trials thereof be heldY In that
clause of the Constitution mentioned in
| the resolution of the Senate, 1t is plain
| Nv written that they must be held In the
shall have been committed. know
| that many persons of learning and nbil-
| ity entertain the opinion that the COM
\ mnnder.in-chief of the rebel armies
should be regarded us constructionally
present with all the insurgents who
| prosecuted hostintes, and made RAIDS
| upon the northern and southern Dor
Clefs of the loyal States. This doctrine
| or 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 incur
sion. Not being persuaded OF the cor
rectness of that opinion, but regarding
| the doctrine mentioned as If doubtful,
Iconstitutionally, Ihave thought it not
proper to advise you TO cause criminal
proceedings to be instituted against
Jefferson Davis or any other inshrgent
| In the States or districts in which they
were not actually. present during The
prosecution of hoStilities.
Some prominent rebels were person.
ally present ut the invasion of Mary
land and Pennsylvania, but all or,
nearly all of them received military
paroles upon the surrender of the rebel
armies. Whilst 1 think that those pa
roles are not an ultimate protection for
prosecutions, for high treason, / have
Thought that il would be n violation of
\ the paroles to prosecute those persons
for crimes before the political power of
the Government has proclaimed that
! the rebellion has been suppressed.
It 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 hostilities
and flagrant war have not for some
time existed between the United States
and the insurgents, peaceful relations