Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1866-01-18
TIE TRIAL OF JEFF. DAVIS.
Important DOCume Jcn
Davis is not Tried--RepOrfs
from the secretary of War and
Attorney General.
WASHINGTON, Jan. 9.

him to inform that body upon what charges JEFF.
Davis is confined, ald why lie is not brought to
/ trial ta4 f.-t
/ The President inc,oses reports from the Secresa .
J ~ OF War and Attorney General, and at the same
time invites the attention of the Senate TO that
portion of his annual message which refers TO
Congress the question OF holding Circuit Courts
oil the United States within districts where their
authority has been interrupted.
REPORT THE SECRETARY or WAR.
! WAR DEPARTMENT, Jan. 4, le66,
SIR: In the annexed Senate resolution. passed
December 81 1865, referred to me by you for re-
port, have the honor TO state,
LIST. That Jefferson Davis captured by
United States troops in the State OF Georcia. on
OF about the tcLih If May ,lS65, and by order OF
this Department has been, and now is, confined in
Fortress Monroe TO abide such action may be
taken by the proper authorities of the United
States Government.
ID. That he la. not been arrai.ned upon any
indictment or formal charge of crime, but has been
indicted for the OF high treason by the grand
Jury OF the di.trict of Columbia, which indictment
is now pending in the Supreme Court of said dis
trict. Tie is also charged with the crime of in
citing the assassination Of Abraham Lincoln, and
with the murder of Union prisoners of war ny
starvation and other barbarons and cruel treatment
tow ard them.
3D. The President deeming it sxp,dicnt that
4 competent court and jury Tor the crime of trea
son. he WAS advised by the law officer OF the Gov
eminent that the most proper place Tor such trial
vas in the State OF Virginia. That State is With
in the judicial circuit assigned 10 the Chiei Justice
of the Supreme Court, who has held no court
there since tie apprehension Of Davis, and who
declines, for an indefinite period, to hold any
court there.
The matters above stated arc, 30 far as ] am in
formed, the reasons for holding Davis in cOnhnc-
mcnt, and why he has not been brough to trial,
&c
4th. Beside Jefferson Davis, tho following per
Sons who acted rs officers of tue reoel government
are imprisoned. to wit: Clement c. Clay at For
tress Monroe, charged, among sther things, with
treason, with completely IN the murder OF Mr. Lin
coin, and organizing bands OF pirates, robbers and
murderers in Canada, to burn cities and ravaCe
commerce on The coasts OF loyal States and OIL the
British frontier; ID. |. Yuee at Fort Pulaski,
charged with treason whilc holding n seat in the
Senate Of the United States, and with plotting the
capture of forts and arscnals of the United States,
sad with nciting against the Government :.
K. MALLORY ut Fort Lafayette, charged with trea-
son and organizing 9hd setting on foot piratical
expeditions against United States commerce and
marine on the high seas. The other officers OF the
s0.callcd Confederate Government, arrested and
imprisoned, have been released On parole TO abide
the action of the Government in reference to their
prosecution and trial for alleged offences on their
application for amnesty and pardon. Among
these e. a. Trenholm, Secretary of tho
Treasury; John A. Conpbcl, Assistant Secretary
of War; James A. Sedd0n, Secretary OF War;
John II. Regain, Postmaster General; X. VI. L.
Hunter, Senator; Alexander ii. Stevens. Vice
President and sundry other persons OF lciser note.
(Signed) EDWIN VI. STANTON.
Secretary Of WSr.
ATTORNEY GENERALS REroKr.
ATTORNEY GE~ErAL's OFFICE,
January 4. 1866
To the President:
Sir: have the honor 10 acknowledge the
ceipt from YOU OF n copy Of resolution of the Sen
ate OF the United States of the DIST OF December
le65. In that resolution the Senate respectfully
request to be informed upon what charges and rca
sous Jefferson Davis is siill held in confinement,
and why he has not been put upon his trial.
When the war was at its crisis, jefferson Davis,
the Commander in Chief Of the army of the insur
gents. MAS taken prisoner, with other promins mt
rebels by the military forces of the United States
Is was the duty OF the military 10 take them
They have been heretofore, ana yet, held as
prisoners ofwar Though active hostilities have
Leased, state of war still exists over the territory
IN rebellion until peace shall come. In fact, and
in law, they can rightfully be held prisoners of
war. | have ever thought that trial. for high
treason cannot be held without military tribu
nal. The civil courts hare alone jurisdiction Of
, that crime.
The question then arises where and when mus.
the trials thereof be held. In that clause of the
i Constitution mentioned in the resolution of the
Senate it is plainly written that they must be held
in the State and district where the crime shall
have been committed. know that many persons
of learning and ability entertain the opinion that
|. the Commander-in chief Of the iehc armies .ho' d
be regarded coDs:ructiveiy present with all tbs
insurgents who prosecuted hostities and made
: raids upon the northern and southern borders o.
loyal States. This doctrine of constructive pres
. ence carried out TO is logical consequences,
would make all who had been connected with the
rebel armies liable trial in any State district
ir;o which any portion Of those armies had made
the slightest incursion. Not being persuaded Of
the correctness of that opinion, but regarding the
doctrine mentioned as of doubtful constitutional
ty, hare thought il not proper to advise You TO
criminal cedings to be institu ed against
Jefferson Davis, any other insurgents in States
or districts in which they were not actually pres
cnt during the prosecution of hostilitics. Some
prominent rebels were personally present at the
. invasion of MARYLAND and Pennsylvania, but all,
or nearly all Of them received military paroles up
r on the surrender of the rebel armies. While
> think that those parties have no ultimate proec-
ton from prosecution for high treason, | have
thought that it would be violation OF the paroles
to prosecute those persons for crimes before the po
litical power Of the Government has proclaimed
that the rebellion has been suppressed. Ii follows
r from what bave said that | am Of the opinion
that Jeffefson Davis and others OF the insurgents
ought to be tried in of the States or dis
trcts in which they in person especially committed
, the crimes with which they NAV he charged. -
\ Though active hostlties and fragrant war have
mot for some time existed between the United
Estates and the insurgents. the peaceful relations
, between the Government and the people in the
States and districts ip rebellion have net ret been
fully restored None OF the Justices of the Su-
Q preme Court have held Circuit Courts in those
States and districts since actual hostilites ceased
9 When the courts are open, and all laws can be
peacefully administered and enforced in those
. State. whose people rebellcd against the Govern
4 ment; when thu. peace shall have come in fact
/. and in law. the persons now held in military Gus
$ tody prisoners OF war. and who NAV not hav q
been tried and convicted for offences against the
laws of war; should he transferred into the Gust
Of the authorities Of the proper districts TO be tried
! for such high crimes and misdemeanors as may be
g alleged against them. think that 1t is the plain
. duty OF the President to cause criminal prosecu
tons to be instituted before the proper tribunal
t and at all proper times, against some of those
who were mainly instrumental in inaugurating
4 and most conspicuous in conducting the late hos
a tilites. should regard il as direful calamity
c II many whom the sword has spared the law shod
d spare also, but would deem il a more direfu ca.
l. - IL N