WASHINGTON, _January 5, 1866_.
_To the Senate of the United States_:
I have received the following preamble and resolution, adopted by the
Senate on the 21st ultimo:
Whereas the Constitution declares that "in all criminal prosecutions
the accused shall enjoy the right of a speedy and public trial by an
impartial jury of the State or district wherein the crime shall have
been committed;" and
Whereas several months have elapsed since Jefferson Davis, late
president of the so-called Confederate States, was captured and confined
for acts notoriously done by him as such, which acts, if duly proved,
render him guilty of treason against the United States and liable to the
penalties thereof; and
Whereas hostilities between the Government of the United States and the
insurgents have ceased, and not one of the latter, so far as is known to
the Senate, is now held in confinement for the part he may have acted in
the rebellion except said Jefferson Davis: Therefore,
_Resolved_, That the President be respectfully requested, if compatible
with the public safety, to inform the Senate upon what charges or for
what reasons said Jefferson Davis is still held in confinement, and why
he has not been put upon his trial.
In reply to the resolution I transmit the accompanying reports from the
Secretary of War and the Attorney-General, and at the same time invite
the attention of the Senate to that portion of my message dated the 4th
day of December last which refers to Congress the questions connected
with the holding of circuit courts of the United States within the
districts where their authority has been interrupted.