New-York daily tribune., 1866-01-11
JEFFERSON DAVIS
WHY HE Is NOT TRIED.
Message Of the President to the
Senate.
WASHINGTON Wednesday, Jan. 10, 1866.

WASHINGTON. Wednesday, Jan. 10, 1866.
The President to-day transmitted to the Sen.
ate Message in reply 10 resolution calling upon him
to inform that body upon what charges Jefferson Davis
Is confined and why he is not brought to trial. The
President incoses reports from the Secretary OF War
and the Attorney General and at the same time invites
the attention the Senate 10 that portion Of his annual
Message which refers TO Congress the question con-
nected with the holding Of Circuit Courts Of the United
States within the districts where their authority has
been interrupted
WAR DEPARTMENT, JAM 4, 1865
SIR, In the annexed Senate resolution, passed Dec
81 1863 referred 10 me by you for report nave the
honor 10 state; First, That Jefferson Davis was cap
tured by United states troops In the State OF Georgia
on or about the 10Th day of May 1865 and by order Of
this Depar has been and now Is confined IN Fort
res, Monroe abide such action as may be taken by
the proper authorities Of the United States Government
second That he has not been arraignpd upon any in
dctment formal charge of crime but has been In.
diced for the crime Of high treason bv the Grand Jury
Of the District of Columbia which indictment Is now
pending in the Supreme Court of said District;
and he Is also charged with the crime Of in.
citing the assassination Of Abraham Lincoln
and with the murder Of Union prisoners Of by
starvation and other barbarous and eIne! treatment
toward them. Third: The President, deening it ex
pedent tla Jefferson Davis should first be put upon his
trial before competent court aud jury for tie crime Of
treason. he advised by tue law officer of the Gov.
in the State OF Virginia. That state is within the jn-
die al circuit assigned 10 the Chief Justice OF the 81.
preme Court who has held court there since the APP
prehersion ofDayls and who declines for an indefinite
period 10 hold any eonrt there. Tie matters above
stated are, so far | AN Informed. the reasons
for holding Jefferson Davis in confinement,
and why he has not been brought 70 trial.
roar.s, Beside Jefferson Davis, the following per.
sons who acted officers Of the Rebel
Government are imprisoned. to wit: Clement G. Clay.
at Fortress Monroe charged among other things with
~, in m of
and with organizing bands OF pirates robbers and
murcrers in Canada 20 burn the cities and ravnge the
commerce and OF the loyal States the British
frontier; -. l. Yulee. at Fort Pulaski charged with
treason lille holding seat in the Senate OF the United
Stacs and with plotting to capture the forts and arse
mails of the United States. and with melting war
against the Governments S. L. Mallory. at Fort Lafay
ette, charged with treason aud with organizing and
setting on foot pratical expeditions agains. the United
States commerce and marin, on the high seas. Other
officers Of The so-called Confederate Government. ar
rested and imprisoned have been released on parole 10
abide action OF The Government IN reference 10 their
prosecution and trial for alleged oenses tho appli
cations for amnesty and pardon. Among these are
q. A. Trenholm Secretary OF the Treasury; John A.
Campbell. Assistant Secretary Of War; James A.
Seddon. Secretary OF War; John H. Reagan, Postnias
rer.Genoral; r. ". r. Hunter, Senator: Alexander
H. Stevens, ViceP-esident aud sundry other persons
VI less note
EDwIy NJ STANTON Secretary Of War;
AIIoRSEY.GEsERALs OFFICE. Jan. 4. le66.
To ns Prssident--SIR: 1 have the honor TO acknow.
ledge the receipt from you OF copy Of the resolution OF
the Il the United States of date the 2st OF De-
cenber e6j In that resolution the Sc e respectfully
request be informed upon what cbarf and for what
reasons Jefferson Davis is still held IN confinement and
why he has not been put upon his trial When the war
IA, its crisis Jefferson Davis. the Commander'in-
Chief OF the army OF the Insurgents was taken prisoner
with other pronirent Rebels by the military forces OF
the United States 1t the duty Of the military so
to take them They have been heretofore and are yet
held prisoners Of war. Though active hosti'es
have ceased state OF war still exists over the territory
in rebellion. Until peace shall come in fact and in law
tbav eonr ylt e n
Ihaye ever thought that trials for hgh.trc can
not be had before military tribunal. The civil courts
have alone jurisdiction OF that crime. The question
then arses Where aud when must the trials thereof be
held In that clause Of the Constitution mentioned In
tho resolution OF the Senate 1t 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 entertain the
opinion that the Conmander.inChief Of the Rebel
armies should be regarded corstitutonaly present
with all the insurgents who prosecuted hostities and
made raids upon the Northern and southern borders OF
the loyal States. This doctriue OF constructive
presence carried out to its logical consequences would
make all who had been connected with the Rebel armies
liable 10 trial In any State and District into
which anv portion VI those armies had made
the slightest incursion. Not being persuaded Of
the correctness OF that opinion but regarding the doc
trne mentioned of doubtful cons,itG,onaty, have
thought IL not proper 10 advise yon 10 cause criminal
proceedings be Instituted against Jefferson Davis. or
any other nsurgent in States or districts IN which they
were not actually present during tho prosecution of
hostilitles. Some prominent Rebels were personally
nresent AZ the invasion Of Maryland and Pennsylvania
bu all or nearly I'll Of them receyedsmiitary paroles
mon the surrender Of the Rebel armies. While think
that those parties have ultimate protection for prose
cutons for high treason have thought that would
be violation of the paroles to prosecute those persons
for crime before the political power OF the Government
has proclaimed that the Rebellion has been suppressed.
IL follows from what have said that am of the Opn-
ion that Jefferson Davis and others Of the insurgents
ought 20 lie tried In some of the States districts
In which they in person especially committed
crimes with which they may be charged.
Though active hos,ilities and fagrant 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 us
trcts in rebellion have not yet been luly restored
None of the Justices OF the Supreme Court have held
crcuit courts in those States and districts since hcu,
ho,tlities ceased When the courts are open ana an
laws can he peacefully administered and enforced ~
those States whose people rebeed against the Govern
ment when thus peace shall have come IN iaot ana ~
law the persons now held in military custody as pris
oners of war and who may not have Deen irieu sna
couvted for osnscs against the lawson war shoun 70
transferred into the custody OF the cly aninoiIie
proper districts. 10 be tried for sueh nxn think
inl,demeanors as may be alleged against the'n. rirn
,,t il il the plain duty of the President 20 causc W
nal prosecutions to be instituted peiorc tuc "
hnras and at all proper times agons. ,uo,im, s and
who mainly insrnnehsti ~ i.,s hostiIifies
sh,nt ra,.rJ IL as dreul calamity II many whom tne
sword has SCARED the law should spsre ae9; ua. wou
,, =, mnr, direful calamity stilii tnc EAecutVo IN
w. - ~, his constitutional duty OF pfihslns tn0se
nersops before the bar Oh ynsu.o ~ ~ n;,r ~ ~ 1.x M
P, sbonl violate the plain meaning oi the Consti
orimes, .,D;,rc in tho least particular, the living
, ~, ,bat instrument have the honor 10 be most
splII. ., ,.t la JAMES SPEED. Attorney General
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