The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1865-11-10
fI17s9-7a ? 2 = Z
by TELEGRAPH,
TO THE DAILY PRESS.
From. Washi,aQton.


"a, -+-, -,es, WASHINGTON, Nov. 8.
The Secretary of the Treasury has address
ed circular to the officers of Customs, in
structing them to receive in payment of du-
ties on imports, gold certificates of deposit
issued by the Treasurer or Asst Treasurer of
the U. States, but in no case to receive such
certificates for duties in excess of the amount
70 be paid.
Louis Schade of the counsel for Wirz had
an interview with the President to-day, by
appointment, his object being to procure a
ed attentively to Mr.. Schades Representations,
and said to him that he would do the best he
could. r.
This afternoon the Chancellor of the Swiss
Consul General visited Wirz and informed
him that the Consul General had prepared
petition asking the President to commute the
sentence. He inquired whether the Consul
could do anything for him, when the prisoner
replied that the prohered assistance of the
Consul came at the last hour, and that the re-
fusal OF the Consul to receive money in behalf
Of his defence, had done him immense harm,
the mores SO as it came from the representa-
tive Of his native country and while he was
thankful Tor the offer, he could not accept it.
The prisoner was asked by lady to-day,
whether he had hope as to another world
He replied Madame, have hope; the great
est sinner has hope, and why should not?-
feel IN myself innocent of the charges for
which i have to suffer-" e
u. S. Marshall Ballett has teleoraphed here
NeW Orleans, Nor. I've owe to the per-
feet administration of the Government, the
most orderly election ever known in New Or
leans The johnson policy as represented by
Wells is triumphant by an overwhelming ma
jority of over 5000 in the city. The remainder
of the State viii follow in the same track"
1t is known that the President has express
ed the greatest anxiety on the question wheth-
er treason is a crime, and whether it can as
such be punished. The following from to-
days National Republican is believed to be
substantially correct: =, 800
1.-The President has not only consulted his
constitutional advisers, his cabinet, and proper
law officers of the Government on the subject,
but he has also cited to this council some of
the most eminent constitutional and criminal
lawyers in the land. Among them may be
named Chief Justice Chase, who came here
from Ohio some time In August, at the special
invitation of the President, to consult on the
general subject of trials for treason. Subse-
qucntly, about the first of October last, Presi-
dent johnson addressed a letter to Chief JUS
tice Chase Informing him it might become
necessary for the Government to prosecute
some high crimes and misdemeanOrs commit
ted against the United States within the Dis
trict of Virginia, Chief Justice Chase's cir
cult, and inquiring whether the Circuit Court
of the United States for the district is so far
organized and in condition to exercise its func-
tons that the Chief Justice, or either of his
Associates Of the Supreme Court, would hold
term of the Circuit Court there during the
autumn or early winter, for the trial of cases.
About the middle of October Chief Justice
Chase replied to the President, and positively
stated his Circuit Court for the District Of Vir-
ginia, either to be presided over by himself or
one of his Associates, would not hold term
during the autumn or early winter. Is ,tGl
He stated that the regular term authorized
by Congress would commence this year on he
9th of November, only one week before the
annual term of the Supreme Court, when all
the Judges are required to be present, allow
ing one week fort the Circuit Court to sit which
in the opinion of the Chief Justice would be
too short term for the transaction of any
very important business; but, the Chief JUS
tice adds, that were the facts otherwise he so
much doubts the propriety of holding Circuit
Courts of the United States in states which
have been declared by the Executive and Leg
islative Departments of the National Govern
ment to be in rebellion, and therefore subject
ed to martial law, before the complete restora-
ton of their broken relations with the nation
and the supercedure of the military by the civ
il administration, that he would be unwilling
to hold such Courts in such states within his
circuit which includes Virginia, until Congress
shall have had an opportunity to consider and
act on the whole subject. The Chief Justice
expressed to the President the opinion that
Civil Court in the district under martial law
can only act by the sanction and under the SUI
pervision Of the military power, and he posi-
lively asserts that he could not think it be-
comes the Justices of the Supreme Court to
exercise jurisdiction under such conditions
/ The sentence in the case of Gen. Briscoe
has just been promulgated from the War De
partment The order concludes as follows:
Sand the Court does, therefore. sentence
, him, Brevet Drigadier General Joseph A.
Driscoc, Colonel Of the Tooth Penn ylyania
Volunteers, to be cashiered and dishonorably
dismissed from the United States service, and
be forever disqualified from holdin any office
of honor or trust or profit under the United
States Government; that he forfeits all pay
and allowances now due, or which may be-
come due to him, and to be confined at hard
labor at such place of confinement as the
Secretary Of War may direct for and during
the term of five years. !
The findings and sentence are approved and
confirmed but, in view of the high testimonials
and former good character and gallantry of
Gen. Briscoe by Generals Meade, Hancock.
Stoneman, Gibbon, Terry and Sckles, so much
of the sentence, as imposed confinement, is re-
mitted. Sle bla sa9 3roa l1Fo2 8W .
BY order of the President of the United
States. -~-~T 49,
(Signed) Ed. TOWNSEND, #
ta Assistant Adi,,tant General