Evening star. [volume] (Washington, D.C.) 1854-1972, 1866-02-03
Important Correspondence,

The President yesterday communicated the
following TO the Senate of the United States:
The accompanying correspondence is trans
mltted TO the Senate in compliance with its
resolutions CT the 10th ultimo, requesting the
President, If not Incompatible with the public
interest, TO communicate to the Senate auy cor
respondence which may have taken place be-
tween himself and any of the Judges OF the Su-
preme Court touching the holding of the civil
courts Of the United States I'm the insurrection-
ary States, for the trial of CT mes against the
United States.
tSigRed) ANDREW JOHNSON.
Washington, February 9, 1865.
EXECUTIVE MANSION, Washington, ID. O.,
October 2, IS65.-Dedr SIR IT may become
some high crimes and mIsdemeanors commit
ted against the United States within the Dis
trict OF Virginia. Permit me 10 inquire wheth-
er the Circuit Court OF the United States for
that district is so far organized and in CON
dltlon 10 exercise Its functions that yourself or
others OF the Associate Justices OF the Supreme
Court WIZ hold term of the Circuit Court
there during the autumn or early winter for
me trlal OF causes. Very respectfully,
(Slgned,) ANDREW JOHNSON.
To the Hon. 5. p. CHASE, Chief Justice Su-
preme Court.
REPLY OF CHIEF JUSTICE CHASE.
WASHINGTON, Thursday Evening, Oct. II
lSG5-Dedr Sir: Your letter of the 2d, directed
10 Cleveland, and forwarded to Sandusky,
reached me there night before last. / left for
Washington yesterday morning, and am Just
arrived To your inquiry whether a term OF
OI
District OF Virginia will be held by myself or
one OF the Associated Judges Of the Supreme
Court during the autumn or early winter, I
respectfully reply in the negative. Under or
dlnary circumstances, the regular term author
Ized by Congress would be held on the fourth
Monday of November, which this year will be
the 9th. Only week will intervene between
that day and the commencement of the annual
term OF the Supreme Court, when all the
Judges are required to be in attendance at
washington. That time is toe short for the
transaction OF any very important business
Were this otherwise, Sc much doubt the pro-
prlety OF holding circuit courts of the Uni
ted states in States which have been de-
clared by the executive and legislative de-
partments of the National Government TO be
In the rebellion, and therefore subject to martial
law, before the complete restoration Of broken
OF the military by the civil administration, that
l am unwilling to hold such courts in such
States within any circuit which includes Viz
glnia, until Congress shall have had an oppor-
.tunity 10 consider and act on the whole sub
lect civil court IN district under martial
law can only act by the sanction and under the
supervision OF the military power, and / can
not think II becomes the Justices of the SSu-
preme Court 10 exercise jurisdiction under
such conditions. In this view IL Is proper TO
state that Mr.. Justice Wayne, whose whole
circuit is in the Rebel States, concurs with me-
nave had no opportunity of consulting the
ether Justices, but the Supreme Court has
hitherto declined TO consider cases brought be-
lore II by appeal or writ or error, from circuit
or district courts in the Rebel portions OF the
country. No very reliable inference, il Is true,
can be drawn from this action, for circum
stances have greatly changed since the Court
adjourned. But so far as IL goes. il fayors the
conclusion OF myself and Mr.. Justice Wayne
With great respect yours, very truly.
tSigned) :. p. CHASE.