The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1866-01-18

roftress Monroe, charged, among other
things, with treason, with completely
in the murder Of Mr.. EihcoIh. and or.
ganizing bands Of pirates, robbers, and
murderers, IN Canada, TO burn the
cities and ravage the commerce and
coasts Of loyal States on the British
frontier; D. K. Yulee, at Fort PuIas.
XII, charged With treason while holding
seat in the Senate Of the United
States, and with plotting the capture
Of forts and arsenals of the UniGcd
States, and with iDciting war against
the Government; s. r., Mallory, at Fl.
Lafayette, charged with treason, and
and setting on foot piraticaI expedi.
tions against the commerce and ma
rine of the United States on the high
seas.
Other officers Of the so.ealled Con-
federate Government, arrested and
imprisoned, have been released on pa-
role, to abide the action Of the Gov.
ernment in reference to their prosecu-
tion for alleged offences on their ap-
plications for amnesty and pardon.
Among these are q. A. Trenholm. See.
rotary of the Treasury: John A.Camp
bell. Assistant Secretary Of War; Jas.
A. Seddon, Secretary Of War; John A,
Reagan. Postmaster General; r. NJ. 7.
Hunter; Alex. H Stephens, Vice Pres.
ident, and sundry other prisoners Of
.-t,a EDw,S II. STANToF, ~.
Secretary Of War.
/ ATTORNEY GES,s OFFICE,
.u1 r Jan :, 4th, 1865. na (Hg
To the President iI' f'i
| Sir: l have the honor TO acknowl.
edge the receipt from you Of the copy
Of o resolution of the Senate Of the
United States Of the 2lst Dec. 1865
In that resolution, the Senate respect
fully requests TO be informed upon
what charges and reasons jeff Davis
is still held in confinement, and why he
has not been put upon his trial. =, o.
When the war was at its crisis, JEFF
Davis: the Commander in chief Of the
army Of the insurgents, was taken
prisoner, with other prominent rebels
by the military forco of the United
States. 1t was the duty Of the militia
ry So to take them. They have been
heretofore, and are yet, held as pris-
oners OF war. Though active hostili-
ties have ceased, state of war still
exists over the territory in rebellion,
and. until peace shall come in fact
and in law, they can be rightfully held
as prisoners cfwar. ~ 'lr.-'
1 have ever thought that trials for
high treason cannot be had before a
military tribunal The civil courts
alone have jurisdiction of that crime.
The question then, arises, where and
when must the trial thereof be held2
In that clause of the Constitution men,
toned in the resolution of the SEN
ate, it is plainly written that they
must be held iu the State and district
wherein the crime shall have been
committed. .-'t tt'f
know that many persons of learn.
ing and ability entertain the opinion
that the commander in chief of the
rebel army should be regarded as con-
structively present with all the insur-
gents who prosecuted hostilities and
made raids upon Northern and South.
ern borders of loyal States. The doc
trine Of constructive presence, carried
out to its logical consequences. would
make all who had been connected
with the rebel armies liable to trial in
any State and district into which any
portion OF those armies had made the
slightest incursion. Not being persua-
ded of the correctness Of that opinion,
but regarding the doctriue mentioned
as of doubtful cpnstitutionalty, | have
thought it not proper to advise to caIse
criminal proceedings to be instituted
against jeff Davis or any other in.ur-
gent in States or Districts in which
they were not actually present during
the prosecution of hostiliies. Some
prominent rebels were personally pres
cnt at the invasion of Maryland and
Pennsylvania, but all, or nearly all Of
them, received military paroles upon
the surrender of the rebel armies
While think that those parties have
no ultimate protection from prosecu.
tions for high treason, l nave thought
that it would bc violation Of the pa
roles to prosecute those persons for
crimes before the political power of the
Government has proclaimed that the
rebellion has baen suppressed. 1t fol-
lows, from whatI have said, that | am
of the opinion that Jefferson Davis,
and others of the insurgents, ought to
be tried in some one Of the States or
Districts in which th,y in person es-
pecialiy committed crimes with which
they may be charged. sfa. 90 ,jat-
Though active hostilities have not
for some time existed between the I'm.
nited States and the insurgents, peace
full relations between the Government
and the people in the States and Dis.
tricts in rebellion have not yet been
fully restored. None of the Justices
of the Supreme Court have held Cir
cult Court in those States and Districts
since actual hostilities ceased. When
the Courts are open and all laws can
be peacefully administered and enfor-
ced in those States whose people re-
belled against tho Government; when
thus peace shall have como, in fact and
in law, the persons now held in mili-
tary custody as prisoners Of war, and
who may not have been tried and con,