Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1866-01-17
The Trial of jeff. Davis.

to-day transmitted 10 the Senate ucSsdSC
in reply to resolution calling upon him to
inform that body upon what charge Jeffer-
son Davis is MINED and why he is not
brought to trial. The President encloses
reports from the Secretary of War and At
torney General, and at the same time invites
the attention of the Senate to that portion
of his annual message which refers to Con
gress the question connected with the hold
ing of Circuit Courts of the United States
within the districts where their authority
has been intercepted:
WAR DEPARTMENT, Jan. 4, lS66.-Sir
In reply to the annexed Senate resolutions,
passed December 81, 1865, referred to me |
by you for report, have the honor to state
First. That Jefferson Davis was captur-
ed by United States troops IN the State OF
Georgia, on or about the 10th day of May, |
1865, and by order of this Department has
been and now is confined in Fortress Mon
roe to abide such action as may be taken
by the proper authorities of the United
| States Government.
Second. That he has not been arraigned
upon any indictment or formal charge OF
crime, but has been indicted for the crime
of high treason by the Grand Jury of the
District of Columbia, which indictment is
now pending in the Supreme Court of the
said District. He is also charged with the
crime of melting the assassination of Abra-
ham Lincoln, and with the murder of I'm
ion prisoners of war, by starvation and 9th
er barbarous and cruel treatment towards
| them.
Third. The President deeming it expe-
dent that Jefferson Davis should first be
put upon his trial before competent court
and jury for the crime of treason, he was
advised by the law officer of the Govern
ment that the most proper place for such
trial was in the State of Virginia. That
State is within the judicial circuit assigned
to the Chief Justice of the Supreme Court,
who has held no court there since the APP
prehension of Davis, and who declines for
an indefinite period to hold any court there.
The matters above stated are, SO far as |
am informed, the reasons for holding jeff
: erson Davis in confinement, and why he
, has not been put upon trial.
, Fourth Beside Jefferson Davis, the fol
q lowing persons, who acted as officers of the
1 rebel Government, are imprisoned, to wit =:
/ Clement e. Clay, at Fortress Monroe,
S charged among other things with treason,
with completely in the murder of MIR. Lin
coin, and with organizing bands of private
: robbers, and murderers in Canada, to burn
e cities aed ravage the commerce and coasts
: of loyal States on the British frontier. d.
l.. Yulee, at Fort Pulaski, charged with
= treason while holding seat in the Senate
{ of the United States, and with melting war
d and rebellion against the Government. S.
r K. Mallory, at Fort Lafayette, charged
a with treason, and with organizing and set
ting on foot piratical expeditions against
the United States commerce and marine on
/ the high sea- Other officers of the so-call-
J. ed Confederate Government in reference to
IS this prosecution, and that for alleged often
ces on their application for amnesty and
W | r0arInn Anonnp tbnSp A Iron holm,
d Secretary of the Treasury John A. Camp
5, bell, Assistant Secretary of War; James A.
= Seddon, Secretary of War; John H. Rea-
i gan, Postmaster General; r. NJ. r. Hun
&c ter, Senator; Alexander II. Stephens Vice
h President, and sundry other persons Of less
e note. Z. M. STANTON, Secy of War.
RS ATTORNEY GENERALS OFEIcE, January
a 4, lS66.-Io the President SIR: l have
/. the honor to acknowledge the receipt from
= you of copy of the resolution of the Senate
:, of the United States, of date the 2lst OF
III December, 1865. La that resolution the
is Senate respectfully request to be informed
on what charges and for what reasons JEFF
erson Davis is still held in confinement, and
why he has not been put upon trial
,s When the war was at its crisis Jefferson
Davis, the COMMANDMENTS chief of the army
/ of the insurgents. was taken prisoner, with
D. other prominent rebels, by the military for
lie ces of the United States. 1t was the duty
,s of the military so to take them. They have
>, been heretofore, and are yet held as prison
ers of war. Though active hostilities have
E. ceased, state of war still exis,s in the ter
l. ritory in rebellion Until peace shall come
is in fact, and in law, they can rightfully b.
, held as prisoners OF war.
| have ever thought that trials for treason
Z cannot be held before military tribunal
ly The civil courts have alone jurisdiction o.
er that crime. The question then ris IS, where
N and when must the trials thereof be held
In that clause of the constitution mention
J" ed in the resolution of the Senate, it i
re plainly written that they must be held in til,
of State and district wherein the crime shall
have been committed | know that many
persons of learning and ability entertain
10 the opinion that the commander in chief O
= the rebel armies should be regarded as con
- structionally present with all the insurgent
D. who prosecuted hostilities, and made raid
1t upon the northern and southern borders O
te the loyal States. This doctrine of construc
:, tive presence, carried out to its logical con
y sequence. would make all who had beer
connected with the rebel armies liable to tri
L. al In any State and district into which an,
IT portion of these armies had made the slight
as est incursion. Not being persuaded of tn,
n correctness OF that opinion, but regarding
u the doctrine mentioned as if doubtful, con
10 stitutionally, | have thought it not prope
le to advise you to cause criminal proceeding
70 to be instituted against Jefferson Davis O
any other insurgent in the States or dis
tricts in which they were not actually pres
ent during the prosecution of hostilities.
Some prominent rebels were PERSONAL,
), present at the invasion of Maryland ant
ID Pennsylvania, but all or nearly all of then