The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1866-10-17
&ASRsessse SRtsss s. f;s 49,. 90.
THE CASE OF. MR.. DAVIS.

S PIaS Ba&sa
THE CASE OF MR.. DAVIS.
Correspondence of the President and
Attorney General.
WAsIlNaroN, October l3.-The President
has addressed the following letter 10 the
Attorney General in regard 10 tho trial Of
MIR. Jefferson Davis: .a
Executive MANSION, WAsmlNaroN,
October 8, 1866.
StT : a. special term of tho Circuit Court
first Tuesday Of October, 1866, at Rich
mond, Virginia, for the trial of Jefferson
Duvis, on the Charge OF treason. 1t now
appears that there will be 10 session of that
Court at Richmond during the prcscn,
month, aud doubts are expressed whether
thc regular term, which by law should com.
mencc. On the fourth Monday of November
Next, will be held. In view oflhis ohstruc
ton, aud the consequent delay in proceed
ing with the rpt,l ot Jefferson Davis under
thc prosecution for treason now pending
ln tnat Court, and there being. SO far as the
Prcsi,!NMt is informed, no good reason why
The civil courts of the United Safes are not
competent to cXcl else adequate jurisdiction
with II tie district or circuit in which the
Sue Of Virginia is included, | deem it pro-
Per to request your opinion rs to what fur
thrr stcl 8, il any, should TO tnken by the
Executive, with view to a speedy, public
and impartial Trial Of the accused according
70 The Constitution aud laws Of the United
States.
am, Sir, very respectfully. yours, So,
ANDREW JOHNSON
Hon HENRY STANsDrnY, Attorney Gen.
In response to tho above, the Attorney
General, under date Of tho 18th instant
says:
81 am Clearly Of opinion tl,at there is
nothing in the present condition of Virginia
20 prevent Il full exercise Of the jurisdiction
of cav ii courts. The nctual state Of things,
anl you, several proclamations Of peace AID
OF The restoration Of civil order, guarantees
;" he civi authorities, Federal and State,
inrm unity against military control or inter-
ference. Ii seems TO me that, in this par.
ticular, there is no necessity for further
action on the part Of the Executive, in the
way o:proola nation, especially as Congress,
at the lato session, required the Circuit
Curt Of the United States to be held at
Richmond the first Monday of May and tho
fourth Monday Of November ia each year,
and authorized special or adjourned terms
ofthat Ctuct to ,be ordered blythe Chicf
Justi'c of the Supreme Court. at such time
n, d on such notice us lie might prescribe,
vi h he same powjr and jurisdiction as at
regular terms, There is M explicit rccOg.
niinh by Congress- thatthe state Of lb;.ss9
in Virginia admits the holding off, o"''ou
States Courts in that StatDoyi, ron,o;ns -
no 'a'so sS.aa.'SSSss Monroe, precisely MS he
S",. .sa". sis9u IN January last, when, on answer
to u resolution OF congress-, you reported
communications from the Seer ctary Of War
and the Attorney General, showing that he
VAS Held TO await trial by the civil courts
Noactionr was then taken by congress in
reference 10 src piacc o! custody. No de.
mand has since boen made for his transfer
into civil custody. The District Attorney
III The N ted States for tho DISTRICT of Vir.
gni,, where Mr., Davis stands indicted for
4 eHSon, !s,s been notified lhat the prisoner
would be surrendered TO the United States
Marat'ai upon capins under indictments
IA; The Dis.i;c, Attorney declines to have
The capins issued, because there is no other
place wi,An The Disl,ic, where the prisoner
couIi be Kept, or whore his personal com
fori af,'' hcH(tli con!d b. 40 well provided.
tor No anr..uniiep. hno hovnq innue .Wlthiu
my kHdwlGdEtM,y yfthe counsel for MIR Davis
ior transfer o, The prisoner to civil custo-
dy, Recently an application vas made by
his cun,.sel inr his transfer from Fortress
y
chiefly Of sanitary ronsidcin,ion a roicr.
%nce WAS p,omp,ly made toa Board Of Sur-
geons whose report was dccidehly adverse
10 lie change, on the score Of heal Ii and
porS0ual comfort
| Mn unable to soc what further action
cnn'hc taken, ON the part Of the Executive,
TO b.Ing the prisoner to trial. Mr. Davis
ii,ust, for the present, remain where he is
until the court which has Jurisdiction to tty
him shall be ready TO act, or until his custo-
dy is demanded under lawful process Of tho
federal courts.
The Attorney General suggests TINT, TO,
AVOID any misunderstanding OF the subject,
an order he issued TO the commandant Of
roftreSs Monroe, TO surrender the prisoner
10 ciV,' custody whencYer demanded by tho
United states h*ss.shal npon process from
.,.o reuerat courts. HD '''
Mr.. Stansbnry enclos., e,o,.o of,h
United States DISTRICT Attorney e,r V;ro;n;a
> WHO states in answer to the question INV no
demand had been made upon tho milita,,
authorities for the surrender of j effcrson Da-
Wis; III order that lie might bc tried upon the
Indictment found against him in the United
states circuit court, at tho term held at Nor.
folk in May last; that two reasons had in
fiuenced him in not removing him from
'hcir custody He says that one relates to
''hc snfe keeping, the other to. his own per
sohal comfort and health, haye mover
Ind any doubt but that he would be deliver.
ed to tho United States Marshal Of ,Ke Dis.
tsict whenever he should have demanded
MIN on ''capias," orany olhcrcivil pro-
cess.
European News,
LONDON, October l5.--At the ban
1uet in honor of the layers of the Ca
III III