The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-10-15
InnArsanv CosrsspeAdsnce-1he 1ffai
- - = o( JoaeFDoa Davis.
The President has addressed the follow
inc letter to the Attorney General in re-
card 10 the trial Of Jefferson Davis:
Executive MANSION,

DAVIS ON tho C0ak8o VI Jot0Ons ~ nOW
appears that there will be no session Of
that court at Richmond during the present
month, and doubts are expressed whether
tho regular term (Which by law should
commence on the fourth Monday Of No.
yember next)--will be held.
In view Of this obstruction and the con-
seauent 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 in
formed, no good reason why. the civil
courts Of tho United States are not COM
pctent to exercise adequate jurisdiction
within the district or circuit in which the
State Of Virginia Is included, deem it
proper to request your opinion as to what
further steps, If any, should be taken by
the Executive with view to q speedy,
public, and impartial trial Of the accused
according to the Constitution and laws OF
the United States. .N
am, sir, very respectfully, yours,
a. n, ANDREW JOHNSON.
To tho Hon. Henry Stanbery, Attorney
General.
REPLY OF THE ATrORNEY-GENERAL.
The Attorney General made the follow
ing reply:
ArToRNEY-GESERAL'sO OFFICE,
WASHINGTON, October IL, 1866.
The President: Sir,-I have the honor
to state my opinion upon the question pro-
pounded in your letter of the 9Th as to
what further may be proper or eXpedicnt
to be done by the Executive in reference
to the custody of Mr.. Davis and the pros G.
cution for treason now pending against him
in the Circuit Court of the United States
for Virginia.
lam clearly of opinion that there is no.
thing in the present condition Of Virginia
to prevent the full exercise of the juris-
diction Of the civil courts. The actual
state of things, and your several proclama-
tions Of peace and of the restoration Of
civil order, guarantee to the civil authori-
ties, Federal and State, immunity against
military control or interference. 1t seems
to me that in this particular there is no ne
cessity for further action on the part Of the
Executive in the way of proclamation,
especially as Congress at the late session
rcurised 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 or adjourned terms of that court to
he ordered by the Chief Justice Of the SUI
prcme Court OF such time and on such no
ticc as he might prescribe, with the same
power and jurisdiction as at regular terms.
This is an explicit recognition by Con-
press that the state of things In Virginia
admits the holding of the United States
courts in that State.
The obstruction you refer to, it seems to
me, cannot lie removed by any Executive
order. So far as am advised, it arises as
follows: acv9
Congress on the ed of May, 1866, passed
an act proyitling that the Circuit Court of
the United States for Virginia should be
held at Richmond on the first Monday Of
May and on the fourth Monday Of NOvem-
Der in each year, and further providing
that all suits and other proceedings which
stand continued to any other time and
place should be deemed continued to the
place and time prescribed by the act. The
special or adjourned session, which was Or
dcred by the court to be holden at Rich
mond in the present month Of October,
was considered as abrogated by force Of
this act. t.t t
This left the regular term to be holden
on the fourth Monday Of November and
il there had been no further legislation by
Congress, no doubt could exist as to the
competency Of the Chief Justice and the
District Judge Of that court then to try
Mr.. Davis. But on the Esd Of July, 1866,
Congress passed an act to Ak the number
of Judges Of the Supreme Court of the
United States, and to change certain judi
cial circuits. Among other changes in the
circuits made by this act is change of the
fourth circuit, to which the Chief Justice
has been allotted. AS this circuit stood
prior to this act, when allotted to the Chief
Justice, It. embraced Delaware, Maryland,
Virginia, North Carolina, and West Virgil
MA It was changed by this act by exclu-
ding Delaware and adding South Carolina.
It Is understood that doubts exist whe-
! Their this change in the States composing
the circuit will not require a new allOt-
ment. Whether this doubt is well founded
or not, Il, is certain that the Executive
cannot interfere; for although, under pc.
culiar circumstances, the EXECUTIVE has
power to make an allotment Of the Judges
of the Supreme Court, yet these, circum-
stances do not exist in this case. A new
allotment, if necessary, can only be made
by the Judges Of the Supreme Court or
by Congress perhaps only by Congress. Il
4 : Mr.. Davis remains in custody ct Fortress
Monroe, precisely as he was heldin Janu-
AIRY last, when, Ia answer to resolution Of
Congress, you reported communications
from the Secretary Of War and the Attor-
ney-G General showing that he was held to
await trial IN To civil courts. No action
was then takSH by Congress in reference
to tho pISce.ofa custody. No demand has
since been made TOR bis transfer into civil
s custody. The District Attorney Of the
United Ststes fbf the District OF Virginia,
where Mr.. Davis stands indicted for tres-
son, has been notified that The prisoner
vonld be- surrendered to thu United
States Marshal upon capias under the
indictment, but the District Attorney de-
clnes to hare The capias Issued because
there h no other plsee within the district
where the prisoner could be kept, or
: where Ms pSfsssa1 cehAloet and health
could be sowell provided for. No appli.
cation has been made within my know.
Z by the council FOR III. Davis for O.
i yeaslet 0f TIA prisoner 70 ciyii custody.
heoentiy an appaicakiear Was nsads Dy4ssl
! $4,000 toe hh SRa1afsr fiou Fortress Non
: re 70 Tort IAfaystte o g. sroun6 chisav
nssssy e. liberation. A, rsference
Wss promptly msGs - 5 Aosrd ar srr~snrs
: vhpe4 report NGe de0iSs6lS iss-ssS . -