Cleveland daily leader. [volume] ([Cleveland, Ohio]) 1865-1873, 1866-01-11

Atty. GenIs Office, Jan. 4, 1866.
To the President:
SIR have the honor to acknowledge the
receipt, from you, Of copy of a resolution
| of the Senate of the United States of the
| 2lst of December, 1865. In that resolution
the Senate respectfully request TO be in.
formed upon what charges and reasons
jefferson Davis is still held in confinement
and why he has not been put upon his trial
/ When the war was at its crisis, JEFF. Davis
the commander-in-chief of the army Of
insurgents, was taken prisoner, with other
prominent rebels by the military forces o.
the United States.
It was the duty of the military so to take
them; they have been heretofore and are YET
held as prisoners of war, though active hos
tilities have ceased, state of war still exists
over the territory in rebellion, until peace
shall come in fact and in law. They car
rightfully be held as prisoners of war.
have ever thought that trials for high trea-
son cannot be had before a military tribunal
| The civil courts have alone jurisdiction oi
| that crime. The question then arises, when
and where must the trials thereof be had
| In that clause Of the Constitution mentioned
in the resolution Of the Senate, it is plainly
written that they must be held in the State
| and district wherein the crime shall have
| DeeQ huOMA UNI uaAI per
sons of learning and ability entertain the
opinion that the oommander-in-ehief Of the
rebels in arms should be regarded as con-
| structively present with all the insurgents
who prosecuted hostilities and made raids
upon Northern and Southern borders Of
| loyal States.
This doctrine of constructive pretence
carried out to its logical consequences
would make all who had been connected
wit b the rebel armies liable 10 trial in any
| State and District into which any portion
| of those armies had made the slighted incur
sion. Not being pursuaded Of the correct
ness of that opinion, but regarding the doc
trine mentioned as Of doubtful constitution
Fality, have Thought it not proper % advise
4 you to cause criminal proceedings to Be in
Stituted against jefferson Days or any Other
| fnsurgent in States or Districts in which
they were not actually present during the
! prosecution of hostilities. $50 o.
Il Some prominent rebels were personally
present at the invasion of Maryland ans
| Pennsylvania. Nearly all Of them received
| military paroles upon the surrender of tht
rebel armies. While think that those par
ties have no ultimate protection for the
| prosecution Of high treason, have though
| that it would be a violation Of the parole 4
prosecute those persons for crimes befort
the political power Of the Government ha
been proclaimed that the rebellion has beel
suppressed. 1t follows from what I havI
said that am of the opinion that Jefferson
Davis and others of the insurgents ought q
be tried iu some one of the States or district
in which they in person especially commit
ted the crimes with which they may b.
charged.
Though active hostilities and hagrant wa
] have not for some time existed between thl
the United States and the insurgents, peace
full relations between the Governments an,
the people in the States and districts in re