The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1866-10-23

MR. DAVIS.
hippo, tamt OHcial Correspondence az Relation
TO has Triat-His .Stafus Defaed-A Re-
moral from Fort Monroe to Fore Lafayette
Refused. Il zs*s
The following important correspondence rela-
tive to the trial of MIR Davis we find in the
Washington Chronicle of last week:
EXECUTIVE MANSION,
Washington, u. g., Oct. 6, 1866. !
Sir: A special term of the Circuit Court of
the United States was appointed for the first
Tuesday of October, 1866, at Richmond, Viz
ginia, for the trial of Jefferson Davis on the
charge of treason. 1t row appears that there
will be session of that court at Richmond
pressed whether the regular term (Which, by
law, should commence on the fourth Monday of
November next will be held. ..s.
In view of this obstruction, and the conse-
quent delay in proceeding with the trial of JEFF
ferson 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 jurisdiction
within the district or circuit 10 which the State
of Virginia is included, deem it proper to rel
quest your opinion to what further steps, il
any, should be taken by the Executive with a
view to speedy, public and impartial tria! of
the accused, according t2 the Constitution and
laws of the United States. sa
am, sir, very respectfully, yours,
ANDREW JOHNSON.
To the Hon. Henry Staoberry, Attorney Genl.
The Attorney General replies as follows:
ATTORNEY GENERALS OFFICE, Oct. II.
The President :-Sir-I have the honor to
state my opinion upon the question propounded
in your letter of the 9th, as to what further may
be proper or expedent to be done by the Exec
utive in reference to the custody oil MIR Davis,
and the prosecution for treason now pending
against him in the Circuit Court of the United
States for Virginia
am clearly of opinion that there is nothing
in 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 proclamations of peace and of the res
toraton of civil order, guarantees to the civil
authorities, Federal and State, immunity against
military control or interference. 1t seems to me
that in this particular there is no necessity for
further action on the part of the Executive in
the way Of proclamation, 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 10 each year, and authorized special
| or ad journed terms Of that court to be ordered
by the Chief Justice of the Supreme Court, at
such time and place, and on such notice as he
might prescribe, with the same power and jurs-
| diction as at regular terms.
This is an explicit recognition by Congress
tina: the state of things in Virginia admits the
holding ofthe United States courts in that State.
The Instructions you refer to, it seems to me,
cannot be removed by any Executive order, 80
| far as am advised 1t arises as follows:
Congress, on the ed of May, 1866, passed
an act providing that the Circuit Court Of the
| United States for the State of Virginia should
be held at Richmond on the irst Monday OF
May and on the fourth Monday of November il
each year and further providing that all suit:
and other proceedings, which stand continued
to any other time and place, should be deemed
continued to the time aud place prescribed by
the act. The special, or adjourned session
which was ordered by the court to be holden al
Richmond in the present month Of October, Wa:
considered as abrogated by force Of this act
| This left the regular term to be holden on the
fourth Monday of November, and if there had
been no further legislation by Congress no doubt
| could exist as to the con- potency OF the Chiei
Justice and the district judge Of that court Their
to try Mr. Davis. But on the 23d of july 1866
Congress passed az act TO fix the number o.
judges of the Supreme Court Of the United
States, and to change certain judicial circuits
Among other changes in the circuits made by
this act is change of the fourth circuit, te
which the Chief Justice has been allotted A:
this circuit stood prior to this act, when allotted
to the Chief Justice, it embraced Delaware
Maryland, Virgoia, North Carolina and Yves
Virginia. 1t was changed by this act by exclud
ing Delaware and adding South Carolina.
1t is understood that doubts exist whether
this change in the States composing the circui
will not require new allotment. Whether
these doubts are we'll founded or not, it is Ger
tain that the Executive cannot interfere, for al
though, under peculiar circumstances, the Exc
eutive has power to make allotment Of tn,
judges of the Supreme Court, yet7these circum
stances do not exist in this case. A new allot
ment, if necessary, can only be made by tn,
judges OF the Supreme Court, or by Congress
/ perhaps only by Congress.
Mr. Davis remains in custody at Fortress
! Monroe, precisely as he was held in Januar,
last, when, in answer to a resolution of CoDeres
you reported communications from the Secrctar,
of War and the Attorney General, showing tina
he was held to await trial in the civil courts
No action was then taken by Congress 10 refer
ence to the place Of custody. No demand ha
since been made for his transfer into civi