Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1866-10-19

| y
be taken by the Executive with view to a
speedy, public and impartial trial Of the ac-
cuscd, according to the constitution and laws
of the United States.
| am, sir, a.. o.t
Very respectfully Yours,
ANDREW JoINsoN.
To the Hon. Henry Stanbery, Attorney Cen
eral The Attorney General replies as
follows:
ATTORNEY GENERALS OFFICE, !
| October II, 1866
The President SIR: have the honor
to state my opinion upon the question pro-
pounded in your letter of the 10Th, 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 prosecution
for treason now pending against him in the
Circuit Court of the United States for Vir-
ginia.
| | am clearly Of opinion that there is moth
ing 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 restoration of civil order, guaranty to
the civil authorities, Federal and State, inn
munity against military control or interior
ence. It seems to me that in this particular
there is no necessity for further action on the
part of the Executive in the way Of procla-
nation, 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 au-
thorized special or adjourned terms of that
court to be ordered by the Chief Justice Of
the Supreme Court, at such time and on such
notice as he might prescribe, with the same
power and jurisdiction as at regular terms.
This is an explicit recognition by Con
gress that the state Of things in Virginia ad-
mits the holding Of the United States Courts
in that State.
The obstruction you refer to, it seems to
me, cannot be removed by any Executive or
der, so far as [ am advised, it arises as fol-
lows:
Congress on the 22d of May, 1866, passed
an act providing 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 ad-
journed session, which was ordered by the
Court to be holden at Richmond in the pres
| oCn u4o a. l,
rogated by force of this act
This left the regular term to be holden on
the fourth Monday ofNovember, and if 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 23d of July, 1866, Congress passed an
act to fix the number Of Judges of the Su-
preme 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, to which
the Chief Justice hes 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 Virginia It was changed by this act
by excluding Delaware and adding South
| Carolina.
1t is understood that doubts exist whether
this change in the States composing the cir
cult will not require pew allotment. Wheth-
er this doubt is well founded or not, it is GER
tan thatt the Executive cannot interfere; for al
though under peculiar circumstances, the
Executive has power to make an allotment of
the judges Of the Supreme Court, yet these
circumstances do not exist in this ease A
new allotment, if necessary, can only be made
by the 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 January
last. when, in answer to a resolution of Con-
eress. YOU reported communications from the
Secretary Of War ard the Attorney General,
showing that he was held to await trial in
the civil courts No action was then taken
by Congress in reference to the place o. Gus
tody. No demand has since been made for
his transfer into civil custody The Dis
trict attorney of the United States for the
district Of Virginia, where Mr.. Davis stands
|
the prisoner would be surrendered to tho
United States marshal upon capias under
the Indictment, but the District attorney de-
clines to have the capias issued because there
is no other place within the district where
the prisoner could be kept, or where his per-
sonal comfort and health could be so well
provided for. No application has been made
within NV knoWledpe hv the cOurlSel for Mr.
Davis for transfer of the prisoner to civil
custody. Recently an application was made
by his counsel for his transfer from Fortress
Monroe to Fort Lafayette on the ground
chiefly of sanitary consideration. A refer
ence was promptly made to a board Of sur
gcons, whose report was decidedly adverse
to change, on the score Of health and personal
CONTEXT.
am unable to see what further action can
he taken on tho mart of the Executive to