The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1866-10-15

The District Attorney for the Dis,
tfiet Of the State Of Virginia, where
Mr., Davis stands indicted for tfeak0p,
has been notified that the prisoner
would be sRffefideF6d to the United
States Marshal upon "a eapias hhder
the indictment, but the District At
t6fney declines to have the eapins
Issued because there Is no other place
within the District y here the prisoner
could be SO safely kept, 81 where his
personal comfort and health could 50
well be provided FOR. No application
has been made within ny knowledgs
BY the COUNSEL for Mr.. Davis for
transfer Of tho prisoner 10 civil Gus
tody, Heeently, an application was
made by his counsel for his
transfer from Fortress Monroe
t0 Fort Lafayette, on the grounds
chiefly GR sanitary considerations A
reierenee was promptly made TO a
board 0f SURGEONS, whose report was
decidedly adverse % tho change ontLe
score OF health aud personal comfort.
/ am unable 10 sec what further nc
ton can be taken on tho part Of the
Executive 10 bring the prisoner TO
trial Mr. Davis must. for the pres
ent, remain whore he Is until the
Court which has jurisdiction 70 try
him shall be ready to act, or until his
custody is demanded under lawful
process Of the Federal courts. |
would suggest that to avoid any mis-
understanding on tho subject, an or
der be issued 10 the COMMUNICATE of
Fortress Monroe 10 surrender the
prisoner to civil custody whenever
demanded by tho United States Mar
shal upon process from the Federal
Courts, | send herewith a copy Of a
letRr from the United States District
Attorney for Virginia, 70 which | beg
TO call your attention. 0
have the honor 10 be, Ha.,
Signed,l Henry STANegURY,
rarsE ~ Il Attorney General.
OFFIcE or THE UNITED STATES
DisrRIer ATTORNEY ron Va,
NORFOLK, VA, Oct. z, 1866,
TO Hon, Henry etansbnrfy. Attorney Gems
eFai Of tbs United htalsHi 88HfHIt
SIR.r-fn compliance with your re-
quest | submit herewith the substance
of the verbal statement | made you h
few days since. In answering your
question why no demand had been
made upon the military auth0ritiee
for the surrender of jeff. Davis, in
order that be might be tried upon the
indictment found against him IN tile
United States Circuit Court. AZ the
term held IN Norfolk, in May last,
two reasons have Influenced me IN not
taking any steps for recovering him
from1heir custody, II The one relates
TO his safs keeping and the other 10
hiaawn personal oomfort andfhenllh.
/ hhve never had any doubt but that
he would be delivered 20 the United
States Marshal for the District wheni
ever he should haye depiauded him on
capias, or any other civil process.
But you can readily pndefst9pd that
80 soon as he goes into the hands of
that officer upon any action had by
me, his place OF confinement
would be one of the State jails
of Virginia. Az Fortress Monroe
all necessary precautions eau be and
are taken to prevent his escape over
the internal police Of State Jail. The
Marshal has no authority, and the
custody of the prisoner could NOT DC
secured save At very great expense,
Mr.. Davis ie now ia NJ comfortable
quarters az the most of those occupied
by tho army officers Of the fort. The
location is II healthy one. His family
have free access TO him. He has full
opportunity for exercise in the open
mir. If his health be feeble, remove
him TO one of the State jails, and his
condition, instead of being bothered,
would in all respects be much for the
worse, His counsel probably under
stand all this, and think will not
be likely to take any steps which
would deereaee the personal comforts
or endanger the life Of their client
/ have the honor, &c,
[Signed,l l.. II. CHANDLER,
II. 5. Attorney for Virginia.