The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1866-01-17
Trial of jefferson Davis.
Reports. from the Secretary Of Var and Attor-
neg General.


WASHINGTON, Jan. 10.-The President to-
day, in response to Senate resolution, trans
mitted message, enclosing reports from the
Secretary of War and Attorney General, in
reference to what charges under which Mr..
Davis is confined, and why he is not brought
to trial
He invites the attention of the Senate to
that portion of his Annual Message referring
to Congress tue question relating TO the hold
ing of circuit courts in districts where their
authority has been interrupted
The Secretary Of War states that Mr.. Davis
has been indicted by the Supreme Court in
the District of Columbia, for high treason:
also with the crime of melting the assassina-
ton of Mr.. Lincoln and with the cruel
treatment of prisoners Of war. He also lays
that the President, deeming it expedient
that Mr.. Davis should first be put upon his
trial before competent court and jury, he
was advised by the Law Officer of the Gov
ernment that the most proper place for such
trial was in the State of Virginia. That
State is in the Judicial circuit assigned to the
Chief Justice of the Supreme Court, who has
had no court there since the apprehension of
Mr. Davis, and who declines for an indef-
mite period to do so.
Other prominent parties are mentioned in
the Secretary's Report, charged with various
reasonable offences against the Government.
some of whom have been released by the
Government, to await their trial for the al
legged offences, on their application for am
nesty and pardon.
The Attorney General says that he has
ever thought the Civil Court, alone have
jurisdiction in cases of the crime of high
treason, and pronounces the opinion that
Mr.. Davis and others of the insurgents ought
to be tried in some one of the States or Dis
tricts which those who are in prison espe-
cially controlled, when the crimes with which
they may be charged were committed
Though active hostilities and fragrant war
have not for some time existed between the
United States and the insurgents, peaceful
relations between the Government and peo-
pie In those States or Districts in rebellion
have not yet been fully restored. None of
the Justices of the Supreme Court have held
Circuit Courts in these States and Districts.
| since hostilities ceased.
When the Courts are open and the laws
can be peacefully administered and enforced
in those States, and among those people who
( rebelled against the Government-when this
\peace shall Come in fact and in law, the per-
sons now held in military custody as pris-
soners of war, and who may not have been
| tried and committed for offences against the
laws of war, should be transferred into the
custody of the civil authorities of the proper
Districts, to be tried for such high crimes and
misdemeanors as may be alleged against
them. He thinks it the plain duty Of the
President to cause criminal prosecution to be
instituted before the proper tribunals at the
| proper time against some of those who were
mainly instrumental in inaugurating and the
most conspicuous in conducting the late
j hostilities.
In conclusion the Attorney General SAYS !:
II would regard it as direful calamity. if
many whom the sword has spared, should
also be spared by the law; but would deem
it more direful calamity still, if the Execu-
tive, in performing his constitutional duty in
bringing those persons before the bar OF
i justice to answer for their crimes, should
violate the plain meaning of the Constitu-
ton, or infringe in the least particular the
! living spirit of that instrument"