Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1866-01-18
JEFFERSON DAVIS.
Why Heis Held as Prisoner.
Letters from Che Secretary Of War and the At-
toraey General.

The President transmitted to the Senate &
message in reply to resolution calling upon
him to inform that body upon what charge:
Jefferson Davis is confined, and why he Is not
I brought to trial. The President encloses re-
| ports from the Secretary of War and the At.
torney General, and. at the same time, invite:
/ the attention of the Senate to that portion o.
| his annual message which refers to Congress
the question connected with the holding of Cir.
cult Courts Of the United States within the dis.
tricts where their authority has been inter
rupted.
The following is the report of the Secretary
Of War:
WAR DEPARTMENT, January 4, 1866
Sir: To the annexed Senate resolution,
passed December 81 1865, referred to me by
YOU for report, have the honor to statei
First That Jefferson Davis was captured
by the 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 Monroe, to
abide sach action as may be taken by the pro-
per authorities of the United States Govern
ment
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 said District.
He is also charged with the crime Of melting
the assassination of Abraham Lincoln, and
with the murder of Union prisoners of war by
starvation, and other barbarous and cruel treat
ment toward them.
Third. The President deeming it expedient
that Jefferson Davis should first be put upon
his trial before a competent court and jury for
the crime Of treason, he was advised by the law
officer of the Government that the 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 apprehension
of Mr. 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 Jefferson Da-
Wis in confinement and why he has not been
put upon trial.
Fourth Besides Jefferson Davis, the follow
ing persons, who acted as officers of the rebel
Government, are imprisoned, to w.t. Clement
c. Clay, at Fortress Monroe, charged among
other things with treason, with completely in
the murder of Mr.. Lincoln, and with organi-
zng bands ofpirates, robbers, and murdererS in
Canada TO burn the cities and ravage the COM
merce and coast of loyal States on the British
frontier; D. /. Yulee, at Fort Pulaski, charged
with treason while holding seat in the Senate OF
the United States and with plotting to capture
the forts and arsenals Of the United States, and
with melting war and rebellion against the Go
vernment; j. r. Mallory, at Fort Lafayette,
charged with treason and with organizing and
setting on foot piratical expeditions against
the United States commerce and marine on the
high seas.
Other officers of the so-called Confederate
Government, arrested and imprisoned, have
been released on parole, to abide the action Of
the Government in reference to their prosecu-
ton and trial for alleged offences on their APP
plications for amnesty and pardon.
Among these are G. A. Trenholm, Secretary
of the Treasury; John A. Campbell Assistant
Secretary of War; James A. Seldom, Secretary
of War; John II. Reagan, Postmaster Gene
raj; r. NJ T. Hunter, Senator Alexander H.
Stephens, Vice President, and sundry other
persons Of less note.
EDwIN NJ. STANTON,
Secretary of War.