The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1866-01-24
JEFFERSON DAVIS.
Why hc 4 noA Iried.-Nic>.age OF the
Precedent 10 the senate.

Alr 1 4c-- lrlll u Nitt transmitted 70 the
senate q message. DOB repiyro q resolution
calling upon him o. inform that body upon
what charges Jefferson Da-i, is confined.
and why De- is n9- brought - trial The
President iucl0~es reports from the Secre-
ta-y of Nar ani tlr Attorney General. and
az tie same time invites The attention Of
tie Senate &. that portion OF lis annual
Message which r-ier- 90 Congress fhe cues
tiou connected wiki tne holding OF Crcuit
Courts ol tle United States within Tie dis
,ric-~ where i-e.r authority has been inter
al-.l-
WAE 0-PaErxEv1 Jan 4 1865
SIR. lu the annexed Senate resolution.
passed Dec. u. lS55. referred 10 me by YOU
ior report. I have tle honor to state. FIRST.
Trlt jefferson Davis vas captured by the
-Itei States troops q The State of Ge0r-
gia. ou or about the 10Th day of May. 1868
aud Ny orier Of this Department has been
-nl naN Is confined n Fortress Monroe. 10
abide l-L ~clJn a. may De taken Dy the
proper authorities OF The United States Gov
eminent. Neaa9: That he has not heen
arai-noi upon any Indictment or formal
charge ol crime. but has been Indicted for
the crime OF nigh treason by the Grand
Jury OF the District of Columbia. which i'm
dictment IS DOW pending IN the supreme
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toward them. Ihu'Q, The President.
teemug ID eXpedienr that Jefferson Davis
should Dr-t le put upon bis trial before a
t~sl,,, h.. ,,.~. .l.'-.l ,- ,t., f..'- a..
o+.bo Coro-,r,o,- tfst t,- No. ,,-os.or
,.laca f,r .,,i, ,ri.,l ,,..s n, ,hl St, "a, u
,rin,a Tbsr Stat. i ,r,,bto tl,a in3i.isl
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ANN, o,,,r, rts~.. qso ,,,,rf..,l l,,.,.o 800
ar. e., r,rasI J arm inc,~p,e5 tba reosons
r,r l.f.l,,., Jsi.r-,,. n..,l. IN, ,o',.,i,.,,ont
,r'l ,rr,' H.. i-. ma. bae, l,.,.,,',i.1 fo triol
- ~ 3D..
t'tfl- Beside Jefferson DAVIS the loi-
rowing persons NH" acted as officers ol lhe
bepel Oo'efnmenl are lmpFls9ned' to-"it;
el - ..,i-r 49, ,,.;,l - III,
comnlicitV I'm fha r.ur.lar m NJ Ilncoln
and with or.,.niz-r.. hands of nirafes rob-
hers and n,lr.ierers in Canada TO hnrn the
cities ana rly...ge the commerce. and coasts
of the l,val ~t..I.- na The British frontier.
u + Y'Ii.a a- Fort pYlaski CHARGED Win
treason while holding q scat in the Senate
of the Toife.i States and with nlottio., ~
cartgre the forts and arsenals or the United
stats and viii, ineifi,.., u-.r ao,,inst rho
Government: : Il. MALLORY al Fort I.atav-
etra. charoe.l with treason and with oroan-
,zin., and setting on foot pjrafical expe,li-
tian. AGAINST the United states commerce
and marine on the hirh seas Other Off
GERS orthe so-callel confederate Govern
meut. arrested and imprisoned. have been
released on narole I'D abide the action of
The Government. in re .erence to their pros
ccntion ana trial for altered 0densas on the
aunlicatiyu- Tor amnesty and narlons
Annrr These are & Trpnholm Sacrc-
t4ry ol The Treasury. John \. Campbel
Assistant Secretary of War. lanes 4 Sod
don Secretary OF War: John II. Regan Post
90. .-c--...i..- '-I-- iv>loolie, and s0nnrs
other persons oi less note.
EDWIN VI. STANTON,
secretary ol Var.
sf.5a>.r GENERAL OYrIcF Jan. 4lh 1906
TofLe p-->i 7e.lt. SIR: have the hon
or to oelrrovvlalo,a the racpin, from Won OF =
,,nv oftla resolution oftbe senate ot the
T-nifoa states az date tLe DIST OF December
lSs5 I'm THAT resolution the senate res
nacff1lv reoue,t 10 Do. informed upon what
charres and to- what reason Jefferson Davis
/ j SIN held i'm confinement. and why he has
not been mt upon his trial. When the war
was M lis crisis. Jefferson Davis. the COM
mander in Chief Of the army OF the insure-
enfs. was taken prisoner. with other prom
inent Rebels. by the military forces OF the
Taited States. II was the duty OF the mill
heretofore and are vet held a. prisoners O
war Though active h0stlAties have ceased
"a state OF war still exists over the TERRITORY
I'm rebellion Until peace shall come in
tqcfanl IN law they can rirhffullv be held
As prisoners of war.
7 have ever thought chat trials for higl
treason cannot he. had before a military tri
hnnol The civil courts have alone iuris
diction of that crime Tue question thei
arises Where and when must the trial
thereof be held Tn that clause OF the Con
stituu0n mentioned In the resolution of th'
senate. If is plainly written that they mus
be held ln the state anu District wherein
the crime shall have been committed"
know that many persons Of learning an
ability entertain the opinion that the Com
mandcr i'm Chief Of the Rebel armies sh0uh
he regarded as cOnsttutiOnly present vii
all the Insurgents who prosecuted hostili
ties and made raids upon the Northern an,
Southern borders Of the l0yal States Thi
doctrine OF constructive presence carrie
ont to its logical c0nseQueeses. would max
oil who had been connected with The Reb,
armies. liable 10 trail I'D any state and Di,
trict into which any portion of those arme
had made the slightest incursiOn Not bt
inc persuaded of the correctness Of tha
opinion. but regarding the doctrine mel
toned as of lOGlliul cOustitutiOnalty.
have thought IL not proper 10 advise YOU I
cause criminal proceedings 70 be institute
against Jefferson Davis. or any other insu
gent. i'm states or districts IN which the
were not actually present during the pro-
F. ecuton OF h0stilties some promineI
- Rebels We're personally present al the inv
sion @. Mary land and Pennsylvania. but a
= or nearly aA. or them received mlhtal
b paroles upon the surrender OF the Re0
T. armies. Nhhe think that those par'u
& have no ultimate protection for prosec
b tons Tor high treason, have thought th
q IL would oe violation OF tie paroles
, nrr scenic these Ue-SoU- for crime bpf0