He has not been tried because in the state of military operations at the time of his arrest and since the officers to constitute a court-martial and for witnesses could not be withdrawn from duty without serious injury to the service.
Message to the Senate on the Arrest and Imprisonment of Brigadier-General Stone
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To the Senate of the United States:In compliance with the resolution of the Senate of the 23d instant, I transmit herewith a report from the Secretary of War, with the accompanying General Orders, No. 23, issued by Major-General Banks at New Orleans, February 3, 1864.
The expediency of any legislation upon the subject is submitted for your consideration.
In his own view, however, the two Houses of Congress, convened under the twelfth article of the Constitution, have complete power to exclude from counting all electoral votes deemed by them to be illegal, and it is not competent for the Executive to defeat or obstruct that power by a veto, as would be the case if his action were at all essential in the matter.
With deep gratitude to my countrymen for this mark of their confidence; with a distrust of my own ability to perform the duty required under the most favorable circumstances, and now rendered doubly difficult by existing national perils; yet with a firm reliance on the strength of our free government, and the eventual loyalty of the people to the just principles upon which it is founded, and above all with an unshaken faith in the Supreme Ruler of nations, I accept this trust.
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