Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1866-01-19
Way JEFF. DAVIS IS MOI TNED.-AttOrncy
General Speed in his opinion, transmitted
by tie President to Congress says
FuvtN NJ. STANTON.
Sc. rr War

Way JETT. DAVIS IS MOI Attorney
General Speed in his opinion, transmitted
by tie President to Congress SAYS
u have ever thought that trials Tor high
treason cannot he had before military tribu-
nal The civil courts nave alone jurisdiction Of
thit crime. The question then arises. where
aAi when mus; the trials thereof be bad Ia
that clause Of the Cousutu tCn mentioned IN the
resolutiou cf the Senate 10 is plainly written
they must be held in the State and district
wherein the crime shall have been committed
| know many persons Of learning AMI ability
entertain the opinion that the CCum4ui i.r-in-
Chef of the rebel armies should be regarded rs
c1nsiltuiioLsly present with al. the insurgents
who prosecuted L0stltit- and made raids upon
the northern and southern borders Of the loyal
States. This doctrine II constructive presence
earned out 90 is logical cous,q queuces would
make al who have been with the rele, armies
liable TO trial N any state and district into
which any portion Ot those armies had made the
slightest iucug-ian. N0t being persuaded Ul the
correctness Of that opinion. but rtcsriing the
doctrine mentioned as OF doubtful constitution
ality, have thought Il not proper 10 advise You
TO cause sr.mIual proceedings 10 he instituted
against jefferson Davis or any nsur-out IN
ally present during the prosecution OF hostIli-
ties. Some prominent rebels were pers usl,y
present at the invasion Of Maryland and Penn
sYlvania, but all or nearly al Of them received
military paroles upon the surrender Of the rebel
armies. While | think those persons have no
ultimate protection from prosecutions for high
treason, ] thought it would he a violation II
their paroles TO prosecute those persons for
crimes refore the political power Of the Govern
ment has proclaimed that the rebellion has beeu
suppressed.
IL follows from what have said that am Of
opinion that jefferson Davis and others Of the
insurgents ought to be tried IN some one Of the
States or districts in which they in person
especially committed the crimes with which
they may be charged Though active hostilities
and fagrant war have not for some time existed
between the United States and the insurgents,
peaceful relations between the Government and
the peopie in the States snd districts in reoel
lion have not yet been fully restored. None Of
the Justices Of the Supreme Court have held
circuit courts in these States and districts nee
actual hostilIties ceased. When the courts are
all open and all the laws can be peacefully ad-
ninIstered and enforced in those States whose
people rebelled against the Government. when
thus peace shall have come ia fact aud IN law.
the persons now held IN military custody as
prisoners of war. and who may not have been
tried and convicted Of offenses 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 ami misiemeanors
as may be alleged against them.
| think it is the plain duty Of the President
to cause criminal prosecutions to be instituted
before the proper tribunal and al all proper
times against some Of those who we're mainly
instrumental IN inaugurating and most conspi-
cuous in conducting the late hostilities.
should regard il a direful calamity if many
whom the sword has spared the law should
spare also but would dem it more dlreful
calamity still if the Executive, in the perform
ance Of his constitutional duty Of bringing those
persons before the bar of justice to answer for
their crimes, should violate the plain meaning
Of the Constitution, or infringe in the least par
ticular the living spirit Of that instrument.
have the honor to be, most respectfully,
(Signed) JAMES SPEED.
Attorney General