Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-10-18
LATEST NEWS
BY TELEGR APH.
Important Letter from the President to
the Attorney General in Regard to the
Trial OF Ex-President Davts-The Attor-
ney Generals Reply.

Important Letter from the President to
the Attorney General in Regard to the
Trial OF Ex-President DavisNThe Attor-
ney Generals Reply.
WASHINGTON, D. c., Oct 13-P NJ
The President has addressed the following let
ter to the Attorney General in regard the trial
of Jefferson Davis:
EXECUTIVE MANSION, WASHINGTON D. c.
Oct. 9th, 1866. (
SIR A special term of the Circuit Court of the
United States was appointed for the first Tues
day OF October, 1866, at Richmond, Virginia, foI
the trial of Jefferson Davis the charge OF
treason. 1t now appears that there will be no
session of that Court at Richmond during
the present month, and doubts are express
ed whether the regular term-which, by law,
should commence on the fourth Monday of No
vember next, will be held. In view of this obstruc-
ton and the consequent delay in proceeding with
the trial of Jefferson Davis, under the prosecution
for treason now pending In that Court, and there
being SO far as the President is informed no good
reason why the civil Courts of the United States
are not competent to exercise adequate jurisdic-
ton within the District or Circuit i'll which the
State of Virginia is included. deem it proper to
request your opinion, what further steps, if any,
should be taken by the Executive. with u view to a
speedy, public and impartial trial of the accused
according to the Constitution and laws of the
United States.
1 am, Sir very respectfully, Yours,
ANDREW JOHNSON.
TO Hon. Henry .St0nbry, Atty Gent.
In reponse to the above, the Attorney General,
under date of the 18th inst, states, clearly OF
the opinion that there is nothing i'll the present
condition of Virginia. to prevent the full exercise
of the jurisdiction Of the civil Courts. The actual
state of things, and your several procamatiOns of
peace and of the restoration of civil order,
guaranty to the civil authorities, Federal and
state, immunity against military control inter
ference. it seems to me that in this parti-
CuIar there is no necessity for further action OH
the part Of the Executive, in the way of proclama-
ton, especially as Congress, at the late session,
required the Circuit Court of the United States to
be held at Richmond, on the first Monday of May,
and the fourth Monday of November, in each year,
and authorized special, adj ourned terms OF that
Court to be ordered by the Chief Justice of the Su
preme Court, at such time and on such notice he
might prescribe, with the power and juris-
diction as at regular terms This is explicit re-
cognitiOn by Congress that the state of things in
Virginia admits ofthe holding of the United States
Courts in that State He also states, Mr.. Davis
remains in custody at Fortress Monroe precisely
to resolution of Congress, you reported conmu-
nicatlons from the Secretary of War and the At
torney General, showing that he was held to await
tr in the Civil Courts No action was
then taken by Congress in reference TO
the place OF custody; no demand has since been
made for his transfer into civil custody. The District
Attorny OF the United States for the District Of
Virginia, where Mr. Davis stands indicted for trea-
son, has been notified that the prisoner would be
surrendered to the United States Marshal upon a
cnpidS under the indictment, but the District At
there is no other place within the District
where the prisoner could be kept, or
where his personal comfort and health could
be well provided for. No application
has been made within my knowledge by the coun-
sci of Mr.. Davis for transfer of the prisoner to
civil custody. Recently an application was made
by the counsel for his transfer from Fortress Mon
roe to Fort Lafayette on the ground chiefly of
itary consideration. A reference was promptly
made to a Board of Surgeons whose report
decidedly adverse to the change the score of
health and personal comfort. [ am unable to
what further action can be taken the part of
the Executive to bring the prisoner to
trial. Mr.. Davis must, for the present,
remain where he is until the Court
which has jurisdiction to try him, shall be ready
to act, or until his custody is demanded under
lawful process of the Federal Courts The Attor-
ney General suggests that to avoid any misunder-
standing on the subject, an order be issued to the
commandment OF Fortress Monroe, to surrender the
prisoner to civil custody, whenever demanded by
the United States Marshall, upon process from
the Federal Courts.
Mr.. Stanberry encloses a letter of the United
States District Attorney fer Virginia, who states,
in answer to the question why demand had
been made upon the military authorities
fol the surrender of Jefferson Davis, in order
that he might be tried upon the Indictment found
against him in the United States Circuit Court at
the term held in Norfolk in May last, that two
reasons had Influenced him in not removing him
from their custody. He says the relates to
the safe keeping, the other to his personal
comfort and health. | have never had any doubt
that he would be delivered to the United States
Marshal of the District whenever he should have
demanded them on a c0p}GS, OF any other civil
process.