The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1866-01-19
IefIerSc N naVis---MesSaGe of she PreSi-
dent % the Senate---Rep0rfs of the See
retaT.y of War and Attorney General.

JefIersO m naVis---Message of the PreSi-
dent 20 the Senate---Reports of the See
retar.y Of War and Attorney General.
TIE President has transmitted to the
Senate messages in reply to a resolu-
tiCn calling upon him to inform that
body upon what charges Jefferson Da-
Wis is confined. and why he is not
brought 10 trial.
The President enclOSes reports from
the Secretary of War and the Attorney
General. and at the same time invites
the attention of the Senate to that por-
ton of his annual message which re-
fers to Congress the question connected
with the holding Of Circuit Courts OF
the United States within the districts
where their authority has been inter
cepted.
WAR DEPARTMENT, Jan. !, 1866.
SIR: In reply to the annexed Senate
resolutions, passed December Dist 1869,
referred to me byyOu for report, have
the honor 10 state,
First-That Jefferson Davis was cap
tured by United States troops in the
State of Georgia, on or about the ISt
day of May, 1865, by order OF this De
partment. has been and LOW is conf
ned in Fortress Monroe, to abide such
action a. may be taken by the proper
authorities of the United States Gov
eminent.
Second-That he has not been ar
raigned upon any indictment or for
mai charge of crime, but has been IN
dicred for the crime of high treason by
the grand jury of the District OF Co
lurnbia. which indictment is now pen
ding in the SupremeCOurt OF said Dis
trict. He j. also charged with the
crime of melting the assassination OF
Abraham Lincoln, and with the muir
der of Union prisoners of war by star
vatiOn and barbar0us and cruel treat
ment towards them.
Third-The President deeming it teX-
pedient that jefferson Davis should
first be put upon his trial before COM
petent court and jury for the crime OF
treason, ne was advised by the law Of
ficer of the government that the most
proper place for such trial was in the
State of Virginia. That State is with
i'm the judicial circuit assigned to the
Chief Justice of the Supreme Court
who has held no court there since the
apprehension of Davis, and who de
clines, for an indefinite period. 10 h0lt
any court there.
The matters above stated are, 20 far
a. am informed, the reasons for hOl-
ding Jefferson Davis in confinement,
and why ne mas not been put upon
trial
FOurth--Beside Jefferson Davis, the
following persons who acted a. officers
of the rebel government are imprlsOn-
ed, TO wit: Clement {. Clay, at Fort
reSs Monroe. charged among other
things with treason, with completely
in the murderof Mr.. Lincoln, and with
organizing bands of pirates, robbers
and murderers in Canada to burn the
cities and ravage the commerce and
coasts of IOyal States on the British
frontier. ID. l.. Iulee, at Fort, Pulas-
XII, charged with treason while holding
q seat in the Senate of the United Stat"n
and with plotting to capture the forts
and arSenaIs of the United States and
with melting war and rebellion against
the government. >. II. Mallory, at
Fort Lafayette, charged with treason,
and with organizing and setting on
foot piratical expeditions against the
United States commerce and marine on
the high seas. Other officers of the So
called Confederate Government, arres-
ted and imprisoned, have been released
on parole, to abide the action of the
government in reference to this prose-
cution and trial for alleged otienses, on
their application for amnesty and par
don. Among thesear G.. y. Trenholm,
Secretary Of the Treasury; John 4.
Campbell, Assistant Secretary of War;
Il ,f.,,sy e
John III. Reagan, Postmaster General;
r. VI. I. Hunter, Senator; Alexander
II. Stephens, Vice President, and sun
dry other persons Of less note.
EDWIN N. STANTON,
Secretary of War.
.t ATTORNEY GENERALS OFFICE,
January I, 1866
20 the Preside5lt:
SIR have the honor to acknOWl-
edge the receipt from you of copy
of the resolution of the Senate of the
United States of date the DIST Of De
cember, 1863. Iii that resolution the
Senate respectfully request to be infor-
med upon what charges and for what
reasons Jefferson Davis is still held in
confinement, and why he has not been
at it, crisis Jefferson Davis, the com
mander in chief of the army Of the in
: surgents, was taken prisoner, with 9th
er prominent rebels, by the military
I forces of the United States. ii was the
/ duty of the military so to take them.
They have been heretofore, and are vet
held as prisoners of war. Though ac-
tive hOStilities have ceased, state of
/ war still exists in the territory in rebel
lion. Until peace shall come in fact
and in law, they can rightfully beheld
/ as prisoners of war.
( | have ever thought that trials for
/ treason cannot be held before militia
ry tribunal The civil courts have a.
. lone jurisdiction of that crime. The
/ question then rises, when and where
must the trials thereof be held? In
/ that clause of the Constitution men
toned in the resolution Of the Senate,
I il iS plainly written that they must be
( held in the State and district wherein
! the crime shall have been committed.
; | know that many persons Of learning
and ability entertain the opinion that
I the commander in chief of the rebel
armies should be regarded as cOnstruc-
! lively present with all the insurgents
who prosecuted hostilities, and made
raids upon the Northern and Southern
borders of the loyal States. This doe
trine Of constructive presence, carried
out to its logical consequence, would
make all who had been connected with
the rebel armies liable to trial in any
State or district into which any portion
of these armies had made the slightest
incursion. Not being persuaded Of the