Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1866-01-26

Attorney Gen. Speed in his opinion
transmitted by the President 10 Congress
says:
have ever thought that trials for high
treason cannot be bad before military tri.
. bnnal. The civil courts have alore iuris-
diction Of that crime. The question then
arises, where and when must ne trials
thereof be had. In iha, clause ofthe Con-
siitution mentioned in the resolution of the
Senate it is plainly written they must be
held In she State and district wherein the
crime shall have been committed know
many persons Of learning and nility en-
terrain the opinion that the Commander
'n-ChIef OF the rebel armies shmld be re-
garded as constitutionally preset with all
me insurgents who prosecuted hostilities
and made raids upon the nothern and
southern borders Of the loyal Safes. This
doctrine Of constructive preserce carried
out to its logical consequence would make
all who have been with the reoel armies
liable to trial in any State and distr let into
which any portion of those armies had
made the slightest incursion. Not being
persuaded Of the correctness Of that opin- !
ion, but regarding the doctrine mentioned |
as of doubtful consliiutionaliy, / have /
thought il not proper to advise you to cause |
criminal proceedings to be Instituted against |
Jefferson Davis or any insurgent 10 States |
or districts in which they we're not actual |
" present during the prosecution Of hos
tilities. Some prominent rebels were per-
sonally present at the invasion of Mary
land and Pennsylvania, but all or nearly |
all of them rect ived military paroles upon |
the surrender of the rebel armies. While
l think those persons have no ultimate
protection from prosecution for high treas
on, thought il would be a violation of |
their paroles to prosecute those persons for |
crimes before the political power Of the
Government has proclaimed that the re-
bellion has been suppressed.
1t follows from what have said that |
am of the 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 commit
led the crimes with which they may be !
charged. Though active hostslities and /
fragrant war have not for some time exist |.
ed between the United States and the in
surgents, peaceful relations between the
Government and the people in the States
and districts in rebellion have not vet
been fully restored. None Of the Justices |
Of the Supreme Court have held circuit l
courts in these States and districts since
actual hostilities ceased. When the courts |
are all open and all the laws can be peace
fully administered and enforced in those I
States whose people rebelied against the |
Government, when thus peace shall have
come 10 fact and 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 Gus
today of the civil authorities OF the proper
districts, to be tried for such high crimes
and misdemeanors as may be alleged
against them.
think it is the plain duty Of the Pres
tent 10 cause criminal prosecutions to be
instituted before the proper tribunal and
It all proper times against some Of those
who were mainly Instrumental in inaugu-I
'ailng and most conspicuous in conducting
he late hostilities. | should regard it as
! direful calamity if many whom the sword
'as spared the law should spare also bur
would deem it more direful calamity
till If the Executive, in the performance
his constitutional duty OF bringing those
ersons before The bar OF justice to answer
Or their crimes, should violate the plain
,eaning of the Constitution, or infringe
the least particular the living spiri, Of
rat instrument.
have the honor to be most respectfully,
(signed) JAMES SPEED.
Attorney General.