Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1866-01-16
MR.. DAVIS TRIAL.

On the 10th inst, in response to resolu-
ton of the Senate, the President transmitted
a message to that body. enclosing the reports
of the Secretary of War and Attorney Gene
raj, in reference to the charges upon which
Jefferson Davis is confined and why he not
brought to trial.
He invites the attention of the Senate to
that part Of his annual message referring to
Congress the question relating to the holding
of the Circuit Courts in the districts where
their authority has been interrupted. The
Secretary Of War states that Davis has been
indicted by the Supreme Court of the District
of Columbia for high treason; also with the
crime'of melting; the assassination of President
Lincoln and with the cruel treatment of Union
prisoners Of war.SHe also says that the Prcsi-
dent deemed it eXpedjent that Davis should
first be put upon his trial before competent
court and jury, he was advised by the law Of
ficcr Of the Government that the most proper
place for such trial Was in the State OF Nlr-
GINA. Tint State is in the judicial circuit as
signed to the Chief Justice of the Supreme
Court, who has held no court there since the
apprehension OF Davis, and who declines, for
an indhnite period, to do SO. Other prOmi-
ncnt gentlemen are mentioned i'll. the
Sccrctays report, charged with various treas
enable offences against the government, some
Of whom have been cl ssed by the Govern
mcnt to await trial for the alleged offences
On their application for amnesty and pardon,
the Attorney General says lie has ever thought
the civil courts have alone jurisdiction of the
crime OF high treason, and pronounces the
opinion that Davis and others OF the insur-
gents ought to be tried in some one Of the
States or Districts in which they, in person,
especially controlled the crimes with which
they may be charged. Though active hos
tIlities aud fragrant war have not for some
time existed between the United States and
the insurgents, peaceful relations between the
Government and the people in these States
have not yet been fully restored. None Of
the justices of the Supreme Court have held
Circuit Courts in those States and Districts
since hostiltics ceasctE When the courts
are open, and the laws can be peacefully adj
! ministercd and enforced in those States whose
people rCbclicd against the Government when
the peace shall come in fact and in law, the
persons now held in military custody as pris-
oncrs 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 people
ofthe districts. to be tried for the high crimes
and mi>deamcanors rs may be alleged against
them. He thinks it the plain duty of the
President to cause criminal prosecutions to
be instituted before the proper tribunals at
tho proper time aginst some Of those who
were mainly instrumental in inaugurating and
most conspicuous in conducting the late hos
tiIitics
q would regard it rs !;reful calamity If
many whom the sword has spared the law
should spare also, but would deem it more
direlal calaI2ity still il the Executive, in per-
forming his constitutional duty in bringing
those persons before the bar OF justice to an
swcr, violate the plain meaning Of tie Com
F'stitutiOn, or infringe in the least particular
the living spirit Of that instrument.