Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1866-01-24

Presidents Message to Senate
why JEFF Has not Been Tried.
Letter from Secretary STAN
tOn.-OpiniOn of Attorney Gen
eraI Speed.

Letter from Secretary STAN
tOn.-OpiniOn of Attorney Gen
eFaI Speed.
WASHINGTON, January l0.-The Presi-
dent to day transmits to the Senate a
message in reply to the resolution calling
upon him to inform that body upon what
charges jeff. Davis is confined, and why
he is not brought to trial. The ePresident
encloses reports from the Secretary of
War and the Attorney Genaral, and at
the same time invites the attention of
the South to that portion of the annual
message which refers to Congress the
question of withholding of the Circuit
Courts of the United States within the
districts where their authority has been
interrupted.
WAR DEPARTMENT, Jan. 4, 1866.
SIR: In the annexed Senate resolution,
passed November 2lst, 1865, referred to
me by you for report, l have the honor
to State: First, That Jefferson Davis was
captured by the United States troops in
the State of Georgia, on or about the
18th day of May, 1865, and by order of
this department has been and now is
confined in Fortress Monroe, to abide
such action as may be taken by the
proper authorities of the United States
Government. Second, That he has not
been arraigned upon any Indictment or
formal charge of crime of high treason
by the Grand Jury of the District of Co
lumbia, which indictment is now pending
in the Supreme Court of said DISTRICT
He is also charged with the crime of in
citing the assassination of Abraham Lin
coin, and with the murder of Union pris-
oners of war by starvation and other bar
barOus and cruel treatment towards them.
Third, The President deeming it expedi-
ent that Jefferson Davis should first be
put upon his trial, before a 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 Vir-
ginia. That State was within the judi
cial circuit assigned to the Chief Justice
of the Supreme Court, who has held no
court since the apprehension of Davis in
confinement, this is why he has not been
brought to trial, &c. Fourth, Besides
Jefferson Davis, the following persons,
who acted as officers of the Rebel Govt
are imprisoned, to wit: Clement G. Clay,
at. Fortress Monroe, charged among other
things. with treason, with completely in
the murder of Mr. Lincoln, and with Or
ganizing bands of pirates, robbers and
murderers in Canada to burn cities and
Tavage the commerce and coasts of the
loyal States on the British frontier; D. L.
Yulee, at Fort Pulaski, charged with
treason while holding a seat in the Sen
ate of the United States, and with plot
ting the capture of forts and arsenals of
the United States, and with melting war
against the Government; S. r. Mallory, !
at Fort Lafayette, charged with treason,
and organizing and setting on foot prsc- |
tical expeditions against the United /
States commerce and marine on the high /
seas. The other officers of the sO-ealled /
Confederate Government, arrested and /
,'haVe been released on parole, /
TO abide the action of the Government in 1
reference to their position and trial for /
alleged offences, on their application for
and pardon. Among them are /
g., a. Trenholm, Secretary of the Treas
lry; John A. Campbell, Assistant Secre- |
tary of War; Jas. A. Seldom, Secretary |
Of War; John II. Reegan, Postmaster
General; r. NJ. Z. Hunter, Senator; Alex.
II. Stevens. Vice President, and sundry |
Dther persons of less note.
TSigned,l EDWARD NJ. STANTON.
ATTORNEY GENERALS OFFICE,
January 4, 1866.
70 The President:
SRI have the honor to acknowledge
the receipt from you of a copy of a reso-
ution of the Senate of the United States,
1f the 2lst of December, 1865. In that
resolution the Senate respectfully request
10 be informed upon what charges and /
reasons JEFF. Davis is still held in confne-
nent, and why he has not been put up
on trial When the war was at its crisis,
Jeff Davis, the Commander in chief of /
The army of insurgents. was taken pris-
0ner with other prominent rebels by the /
military forces of the United States. 1t
was the duty of the military 50 to take 4
them. Thev have been heretofore, and /
are yet, held as prisoners of war. Though 1
active hOstilities have ceased, state of /
war still exits over the territory in rebel |
ion. Until peace shall come in fact and /
law, they can rightfully be held as prison
ers of war. 1 have ever thought that trials
for the high crime of treason cannot be
had before military tribunal The civil
JUL 10 dlOLtC nave LLC j lASNAlCIAOu Vi ludG
crime. The question then arises, where
and when must the trials thereof be held?
In that clause of the Constitution men,
toned in the resolution of the Senate, it
s plainly written that they must be held
n the State and district wherein the
crime shall have been committed. l
know that many persons of learning and
ability entertain the opinion that the
Commander in chief of the rebel armies
should be regarded as constitutionally
present with all the insurgents, who pros
ecuted the hostilities and made raids up
IN the Northern and Southern borders of
he loyal States. This doctrine of con-
tructive presence would make all who
lad been connected with the rebel ar
nies liable to trial in any state and dis
rict into which any portion of those al
MES had made the slightest incuTsion.-
Not being persuaded of the correctness
# this opinion, but regarding the doc
rine mentioned as of doubtful constitu-
have thought it not proper to
Idvise you to cause criminal proceedings
o be instituted against Jefferson DaYis
n any other insurgent in States or dis
riots in which they were not actually
present during the prosecution of hostil-
ties. Some prominent rebels were per-
onally present at the invasion of Mary
and and Pennsylvania, but all or nearly
II, of them received military paroles up
IN the surrender of the rebel armies
While l think that those parties have no
Ultimate protection from prosecutions
or high treason, 1 have thought that it
would be a violation of their paroles to
prosecute those persons for crimes before {
he political power of the Government
las been proclaimed, and that the rebel
ion has been suppressed. 1t follows
rom what l have said, that i am of the
pinion that jeff Davis and others of the
Insurgents ought to be tried in some one !
f the States or districts in which they
n person especially committed the crimes
nth which they may be charged. Though I
ctive hostilities and frequent wars have
ot for some time existed between the
United States and the insurgents, peace
ul relations between the Government
nd the people in the States and districts
q rebellion have not been restored