Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1866-01-12
LATE NEWS

The Preeideut to-day transmitted TO the
Senate . message 10 reply 70 resolution
calling upon him to inform that body upon
what charges jeff Davis Il confined, and
why he Is not brought TO trial. The Presa.
dent cncl0sCs reports from the Secretary OF
War and Attorney General, and 1t the same
time invites the attentiGosof the Senate TO
that portion of his annual message which re-
fers to Congress the question Of the holding
Circuit Courts of the United States within
districts where their authority has been in
terrupted.
REPORT or the SECRETARY or WAR.
WAR DEPARTMENT, Jan. 1, 1865.
SIR: On the annexed senate re solution,
passed December 81, 1885, referred TO me by
you for report, have the honor TO state
5Fra-That Jefferson Davis was captured
BY L. 8. troops 10 the State of Georgia, on
OF about the 10Th day Of May, 1885; and, by
order Of this department, has been, anu Low
10, confined In Fort Monroe, to abide such
action as may be taken BY the proper author
ties Of the U. 3 Government.
Sscond-That he has not been arraigned
upon any indictment or formal charge Ot
crime, but has been indicted for the crime Oi
trict Of Columbia, which Indictment 10 now
pending 10 the supreme Court Of said Dis
lrict. lie is also charged with the crime 81
melting the assassination Of Abraham Lin
coin, and with the murder of Union prison.
crs Of war by starvation and other barbar
Gus and cruel treatment toward them.
7hird-The President deeming it expedi
ent that JcN 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 officers Of the Government that the
most proper place for such trial WAS in the
state Of Virginia. That State 10 within the
judicial circuit assigned to the Chief Justice
vi the Supreme Court, who has held NJ
court there since the apprehension ot Davis
and who declines tor an indefinite period u
hold any court there.
The matters above stated are, so far as
am informed the reasons for holding Davis
in confinement, why he has not been brought
70 trial, &c.
Fou,th-Bcsde jeff Davis, the following
persons who acted Us officers of the rebel
J Government are imprisoned. to-wit: Gle
ment &. Clay, at Fort Monroe, charged
among other things, with treason, with com
plciy in The murder Of Mr.. Lincoln, and or
ganizIng bands Of pirates, robbers, and mur
uerers in Canada to burn cities and ravage
the commerce and coasts OF the United
~
at Fort Pulaski, charged with treason while
holding seat in the Senate OF the United
States, and with plotting the capture OF
forts, and aTsenals Of the United States, and
with incitlng war against the Government
J. X. Mallory, at Fort Lafayette, charged
with treason and organizing and setting On
foot piratical expeditions against the Cnitet
States commerce and marine ON the higl
seas Other officers Of the 50 called Confed
crate Government, arrested and imprisoned
have been released Oh parole, to await ths
| action Of the Government in reference Il
their prosecution and trial tor their allegeC
Offences on their applications for amnes,
and pardon. Among these were q. A. Tren
holm, Secretary of the l ressury John A
Campbell, Assistant Secretary OF War; Jas
\. seldom, Secretary OF War John II. Rea
gan, Postmaster General X. NJ. L. Hunter
| senator; Alexander II. Stephens, Vice-lres
dent; and sundry other personiges OF les
| note
(Sgned) EDWIN NJ STANTON,
| Secretary of War
REPORT OF THE ATTORNEY GENERAL.
ATTORNEY GENERAL's OFFICE,
| January 4, 1865.
To tie Presid, ut:
SIR: 1 have the honor 10 acknowledge
the receipt from you of u copy of IA resolu
lion of the Senate Of the United States o
the 2lst OF December, 1853. In that resolu
ton the Senate respectfully request 10 bc in
formed upon what charges and reasons JEFF
Davis is still held in confinement, and VIII
he has not been put upon his trial
When the war was ut its crisis. jeff Davis
The Commandment Chief Of the army Of in
surccnts, was taken prisoner with Othe
| nv In, mi far ~
the United States 1t was the duty of til
military so to take them They have b, G
heretofore, and are so yet, held as prisoner
of war Though active hostililics have ceaset
4 state of war still exists over the terrltor
in rebellion. Until peace shall come in fac
and in law, they can righllully be held IL
prisoners OF war
have ever thought that trials for hig
treason cannot be had before II military tr
bunt.l The civil courts have alone iuris
diction Of that crime. The question the
arises, Where and when must the trial
thereof be hcldg In that clause Of III
Constitution mentioned in the resolution q
the Senate, IT is plainly written that the
must be held in the State and district where
in ,hc trime shall have been committed.
know that many persons of learning an
ability entertain the opinion that the Com
mander in-Chief of the rebel armies shout
be regarded as csns'itutionally present wit
all the insurgents who prosecuted hostilitie
and made raids upon the northern and south
ern borders Of loyal Stat 8 This doctrin
Of constructive presence, carried out to il
logical consequences, would make all VIII
had been connected with the rebel armie
liable to trial in any State and district int
which any portionof those armies had mad
the SLIGHTEST iucuI sion
Not being persuaded of the correctness Q
that opinion, but regarding the doctrin
mentioned as Of doubtful cOnstitutiOnality
have thought II not proper to advise you
cause criminal proceedings to be institute
against Jefferson Davis or any other insul
gent, in States or districts in which the
were not actually present during the prose
cution of hostilites.
Some prominent rebels were per onall
present at the invasion Of Maryland an
Pcnnsy lvania: all, or nearly all, Of them r.
ceived military pardons upon the surrende
of the rebel armies. While l think tina
those parties have no ultimate protectio
! from prosecutions for high treason, hay
thought that it would be violation of tn
paroles to prosecute those persons for crime
before the political power Of the Govern
ment has proclaimed hat the rebellion ha
been SUI pressed.
II follows from what have said that az
of the opinion that Jefferson DAVIS and otl
ers Of the insurgents ought to be tried i
some one Of the States or districts in whic
they, in person especially, committed crime
with which they may be charged
Though active hostiliiies and fragrant wa
have not for some time existed between tlI
United States and the insu, gents, peacefr
relations between the Government and til
people in the States and districts in rebe
lion have not yet been fully restored Non
of the Justices Of the Supreme Court hav
held Circuit Court in those States and di.
tricis since actual hOstilities ceased. Whe
the Courts are open and all laws can b
peacefully administered and enforced i