Evening star. [volume] (Washington, D.C.) 1854-1972, 1866-01-11
JEFFERSON DAVIS.

Message from the President-Why Jeff,
Davis is not Tried-Charges on which h e
is Held.
The President yesterday transmitted to the
Senate a message, in reply to a resolution call
ing upon him TO inform that body upon what
charges Jefferson Davis is confined, and why
he is not brought to trial. The President en-
closes reports from the Secretary of War and
the Attorney General, and at the same time
invites the attention of the Senate to that
portion of his annual message which refers
TO Congress the question connected with the
holding of circuit courts of the United States
within the districts where their authority has
been interrnP5ed; W d. nrn .., ,oo-
SIR: In the annexed Senate resolution, passed
December 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 State OF Georgia, on or about the
10th day OF May, 1865, and by order of this De-
partment has been, and is now, confined i'm
Fortress Monroe, to abide such action as NAV
be taken by the Government.
Second. That he has not been arraigned upon
any 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 Su-
preme Court of said District. He is also
charged with the crime of melting the assassi-
nation of Abraham Lincoln, and with the mur-
der of Union prisoners of war by starvation,
and other barbarous and cruel treatment to-
WARDS them.
Third The President, deeming it expedient
that Jefferson Davis should first be put upon
his trial before competent court and jury for
the crime of treason, he was advised by the
law officer 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 the Chief Justice Of the Su-
preme Court, who has held no court there
since the apprehension of Davis, and who
declines for an indefinite period TO hold any
conrt there. The matters above stated are so
far as am informed, the reasons for holding
jefferson Davis in confinement, and why he
has not been put upon trial.
Fourth. Beside Jefferson Davis, the follow
ing persons who acted as officers OF the Rebel
Government, are imprisoned, to wit: Clement
q. Uiay. at Fortress Monroe, charged, among
other things, with treason, with completely IN
the murder of Mr.. Lincoln, and with organiz-
ing bands of pirates, robbers and murderers in
Canada, to burn the cities, and ravage the COM
merce and coasts of loyal States on the British
frontier; ID. l.. Yulee, at Fort Pulaski charged
with treason while holding a seat in the Senate
of the United States, and with plotting to cap
ture forts and arsenals of the United States and
with melting war and rebellion against the
United States commerce and marine on the
high seas. Other officers of the o-called Con-
federate Government, arrested and imprisoned,
have been released on parole to abide the ac-
ton OF the Government in reference to their
prosecution and trial for alleged offences, on
their applications for amnesty and pardon
Among these are G. A. Trenholm, Secretary of
the Treasury; John A. Campbell, Assistant
Secretary Of War; James A. Seddon, Secretary
Of War; John IL. Reagan, Postmaster General;
r. NJ. T. Hunter, Senator; Alexander H. Ste
phens, Vice President; and sundry other per.
sons Of less note.
EDWIN M. STANTON, Secretary Of War
ATTORNEY GENERALS OFFICE, January 4,
lS66.-TO the President-Sir:-I have the honor
to acknowledge the receipt from you OF a copy
of the resolution of the Senate of the United
states, Of date the 2lst of December, 1855. In
that resolution the Senate respectfully request
to be informed upon what charges and for
reasons Jefferson Davis is still held in confne-
ment. and why he has not been put upon his
trial. When the war was at its crisis, Jeffer-
son Davis, the commander in chief OF the
army of the insurgents, was taken prisoner,
with other prominent rebels, by the military
ferces of the United States. 1t was the duty OF
l the military so TO take them. They have been
heretofore, and are yet, held prisoners OF
l war. Though active hostilites have ceased, q
state Of still exists over the territory IN re-
belhon. Until peace shall come In fact, and in
law, they can rightfully be held as prisoners OF
| war. Ga }fFs-k FE0 -r.s ees.-
| have ever thought that trials for high trea-
son cannot be had before a military tribunal
The civil courts have alone jurisdiction of that
crime. The question thence arises where and
| when must the trials thereof be hsld. -
In that clause Of the Constitution. mentioned
in the resolution Of the Senate, il is plainly 10
| be seen that they must be held in the State and
district wherein the crime shall have been
/ committed. i know that many persons OF
| learning and ability entertain the opinion that
4 the Commander-n-C Chief of the rebel armies
| should be regarded as constructyely present
| with all the insurgents who prosecuted hos
1 tilities and made raids upon the northern and
| southern borders of the loyal States.