The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-04-18
Jenerson Davh-

As there Is much speculation oonesTn-
ing Jefferson Davis, and as there haTe
recently been rumors OF process being
commenced to release him from con-
dnement without trial, i may be sat
sd thai the Secretary Of War IN a letter
dated January 4;h, says that Jefferson
Davis has not BEEN aTTaiZned upon any
Indictment or formal charge Of crime,
tsur sflat he has BEEN Indicted for th=
crime OF high treason by the grand
Jury Of the DiszTIcs of Columbia, which
Indictment l. noss pending in re Su-
p.eule Court OF said district
He Is also charged with the crime Of
melting the assassination Of Abraham
Lincoln, and with the murder d Union
prisoners Of WAY bT starvation and
other 6arbdroQz and cruel treatment
toSar,d them The President desmiug
Is expsdieDt that Jefferson Davis should
irs- BE- put upon his 1rial before com
peaen1 court ana jury 1Or the crime OF
IFsasou, he was advised by the la8-Of-
6cer of the Government that the most
proper place for such trial was in the
Stafs OF Virginia. That State Is within
the judicial circuit assigned to the
Chief Justice of the Supreme Court, who
has held no court there since the appre-
hensiOn OF Davis, aud who declines for
an indefinite period, to hold any court
there.
The matters above stated are, SO far
as I lam informed, the reasons for hold
ing Jefferson Davis in confinement, and
why he has not been put upon his trial
The Attorney General of the United
States about the same time expressed
himself against the doctrine of con-
structive presence, giving 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 in person respectfully committed
the crimes with which they may be
charged. None OF the judges of the
Supreme Court have held circuit courts
In these States and districts since actu-
n hOstilities ceased5 and he adds, when
the courts are open and the laws can be
peacefully administered and enforced
In those 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
districts to be tried for such high crimes
and misdemeanors as may be alleged
against them. think that tits the 0u-
lty of the President 70 cause criminal
prosecutions to be instituted before the
proper tribunals and at the proper
dE1lnsk HpuAG klAr9 hAt0 NNbE6
mainly instrumental In inapguFating,
and most conspicuous in conducting,
the late hostilit1es.
1t will be recolleeted that the Presi-
dent, in his annual message, said that
strong objections had been urged to
holding those courts In any of the States
where the rebellion has existed: and IL
was aseertained, by inquiry, that the
Circuit Court of the United States would
not be held In the district OF Virginia
during the autumn or early winter, nor
until Congress should have an opportu-
nifty 10 consider and act on the whole
subject. To the deliberation of Con-
gress he added, the restoration of this
branch of the civil Slthority was neees-
sarily referred, with the hope that ear
" provision would be made for the re-
sumption of all its functions, in order
that persons charged with the commits
sion OF treason should have free and
impartial trials inthe highest civil tEi-
!bunals of the country. Congress has
not yet, however, passed any net in ne
cordance with this recOmmendafion
and 70 remove the objections 81 Chief
Justice Chase, and here the matter for
the present, rests