New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-07-28
A Record of J. Wilkes Booth in the Rebel War
Department
A Mysterious Advertisement in TIL
N. Y. Daily News.
REJECTION OF pERJURED TESTIMONY
DEMAND FOR A TRIAL OF DAVIS

WASHINGTON, ID. T., FRIDAY, July a. lp"o
Mr.. Boutwell, from tho Committee on the judi
ciary. made the ing report:
the Judiciary to whom was referred the
resolutions Of the House Of Representative OF April and
April 80 ls66 nsucng the Committee to inquire into the
nature Of the evidence duplicating JEFF Davis and Others IN
the assassination Of President Lincoln and also whether any
legislation Is necessary in order to bring such persons to
speedy and impartial trial II IL shOud appear that there was
probable believe that said persons am Of them
guilty OF netting concerning procuring the assassina
of tho late President of the United States and also
whether any legislation is necessary in order to bring said
persons speedy and impartial trial for the crime OF trea-
SON have investigated subject directed and make the
following preliminary report thereon;
II Is notorious that said Davis guilty Of the crime OF
treason according the Constitution and laws of the United
States and the Committee the opinion that there are no
obstacles speedy and impartial trial which cannot DO re
moved By legislation This is also the opinion OF Attorney
General Speed given his testimony before the Judiciary
Committee.
The evidence In possession Of the Committee connecting
jeff Davis with the assassination Of President LDcon ls
es the Committee saying that there is probable cause TO
believe that lie Priv to the measures which led to the
commission of the Decd but the Investigations which have
been made by the War Department and by the Committee
have not resulted placing the Government In possession OF
all the too 1t probable however that the fur.
Their prosecution OF the investigation by the Committed and
by the officers Of the Government will result finally In iul
Development Of the whole transaction.
The capture ohe Rebel archives has put the Government
in possession Of Of letters papers and documents OF
various kinds only portion Of which has yet been exam
ined.
The examination thus far has thrown light upon the gen.
eral policy Of the Rebel authorities which, in many parcu
lars involved total disregard Of international law and Of
uages OF civilized war. The Secretary Of War through
Francis Leber H. D. Chief of the Archye Office, has fur.
shod to the Committee copies ofyarous letters and papers
found in the War ONCE at Richmond bearing upon four
points Of the policy Of the Rebel Government.
Frai With regard to the negroes bearing arms.
Second. The condition Of Rebel prisons and the treatment
ofprsoners.
Oiders issued and letters written by the Rebel Sec
rotary Of War in relation to he Union prisoners and
Foui-yews and suggestions Of jeff Davis in regard to
Union prisoners.
Copies OF these papers have been furnished to the Commit
tee and synopsis thereof herewith submitted as part OF
this report While the evidence thus furnished does not bear
directly upon the question submitted to the Committee has
thought advisable 10 lay before Congress and the
try as show the brutal policy Of the who
ngaed and guided the Rebellion and being that par
ticuar intimately connected with the attempts that were
made 10 burn the cities Of the North destroy its
on the rivers lakes and tie without regard to the loss
Of e and finally with the assassination of the President OF
the United States
In 1902 jeff Davis issued order that oil negro slaves
captured in arms should be delivered to the FIX
ecuye authorities Of the respective State to which they be-
onged be dealt with according TO the laws OF such States
and that the Ike order be executed in all with respect to
all commissioned officers Of the United States army found
serving in company with armed slaves In instruction against
the authorities Of the different States Of the Conieierey by
the OF South Carolina slaves other negroes Gu
gaged in mutiny ipurrection be tried BY two
Justices OF the Peace and three freehoders associated
together who were empowered and authorized 10 nct the
nnnhment Of death upon such offenders. On the 18th OF
June 1868 s. s. Anderson, Assistant AdJuant General 70 r.
Kirby Smith hs direction addressed letter to Gen.
n TAYLOR dated Shreveport In which that writer says In
answer 10 communication Of Brig Gen. Hubert asking what
disposition should be made Of slaves taken In arms that no
auarer should be shown II taken prisoners however they
should be turned the executive authorities OF the State
reclamation Of the President Of the Confederate States
Should negroes thus takon be executed by the military
authorities capturing them would certainly produce retaa
ton tgrnng them TO the civil authorities to be tried
by the officers OF the State no exception could be taken On
the 18th Of June 1863 Kirby Smith writes 10 X Taylor
commanding the District OF Louisiana. and says: have
tnred negroes in hope this may be and that
your ubornas In command Of capturing parties may have
md their officers In this way may be relieved from
agreeable dilemma II they are taken, however You will turn
the State and you will offer such facilities in obtaining
witnesses as the necessity OF the public service will permit
Again Smith writing to Gen Cooper AdJutant and In
nscor General June TO- 1853 incoses letters addressed
20 Gen Taylor and says Unfortunately such captures
Dsyi. m his message Rebel Legislature January -
1903 referring the proclamation OF emancipation OF January
tbt wear says that the negroes encouraged gen
en ofhe masters by the nsdious
daton abstain from violence unless necessary for ede
Sense Although detestaton Of those who have
tempted execrbe measure recorded in the history Of
gully tempered by profound contempt for the mpont
e which il discoes far regards the action Of the
Government those criminals as may attempt its execution,
confne self to informing you that snail unless In your
wisdom YOU other expodent deliver
the sey era State authorities ell commissioned officers OF the
ed States who hereafter be captured by forces In
ny of the States embraced in the proclamation that they may
he dealt accordance with the laws Of those States
yded FOR the punishment OF those criminals engaged in nc
inc seyilo Instruction Ga the LIST OF May 1861 the Rebe
series Of resolutions on tho subject Of retail
I'm RE fourth resolution declares that Every white per
hahn commissioned officer. who shall
muatoes In arms against the confederate States
shs DO deemed guilty Of melting serye Instruction and II
shall be put death otherwise punished at the
discretion of the Court"
seventh resolution OF the series declares that all
roos aud who shall be engaged In taken in
against the Confederate States SHALL when captured
the States DO delivered to the authorities oSae
W in which captured be dealt with according TO the
present or future laws Of such State or States"
Tbs nooy OF the Rebel authorities was modified in the FOL
,own YEAR but the declarations made and actions done
OF declarations are conclusive proofs Of
ao Were controlled and rendered only possible but
probable that they wGTd at SnSs ssTsss ~ projects for the
The documents found In the Rebel archives at Richmond
fully sustain the aa nave been made by persons
mani of Union soldiers in southern prisons and leave doubt
that JEFF Davis ana ,ne o % nn Iaa
half OF humanity Indeed more than probable from the
evidence thus disclosed that Was the part Of The policy Of
nv Ill treatment and starvation Of prisoners
Davis his message to the Rebel Congress OF Novem
OF the United States forces II they convert their soldiers
into neendrcs and robbers AID involve In species OF
wnr VIII oh claims and children its
victims they msst be expected as outlaws and enemies Of
mankind There certain rights OF humanity which are
entitled respect eten In and he who refused to guard
them forets his claim. captured to DO considered 80
OF war but expect to be dealt with as ali oder
against e law human and divine Again In his message OF
August 1862 he says: mo method remained Tor the ppres
sion these enormtes but such retbuye justice may
be found possible exercise Retaliation ia kind or many OF
ITEM is mpractlcabc But stern exemplary Punishment can
d nst lie meted out 10 tho murderers and ans that dts
race the profession of arms aud seek TO public the
sousa ,s commission Of tho pNst manstrons crimes