The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1866-10-24


now pending in that C"urt. aud there he
ing. 80 lar "a the i're.id.n i. informed. no
good r-asru Why the civil courrs of the
C"ied States are no, compet-nt 10 si.r
c'>e adequate jnri.iictiun within ,he ds
rr'ct or Circuit IN wh,ch the Sta'e of Vrr
ginia is included. I deem it prnp.r to r.
quest rour Opinion as 70 what further
s,-pa, IL anv. should be taken bv the
Executive. with \ view t = speedy. pub
he and impartial trial of the accn.ed &C,
cordngt the Constitution and la~s Of
the Uni ed S,atrs.
| a,n. air.
very respectfully,
vours. DC.
ANDREW JOHNSON.
Hon IIESHt STANsBuRr, Attorney
General.
In response TO the shove. the Attorney
General, under ta's OF tho L. lh, instant,
savs:
am clearly OF opinion that there s
nothing in the present condition OF Vr,
cinia to prevent fall exercise "f the ia
risd ctiou Of rrviI courts The actual state
D things, and your s-vetsl pr rclar,atons
of peace and of lie r-storsrion OF civil or
der. guarsn'ee to the civil anrhoriti-s,
Federal anil State, im'nuni'y ag.ins' mill
tsfy control or Interference. II seams to
me that. in this particular. there is NJ"
necessity f,r further sction on the part Of
the Executive. IN the way Of proclamation
especially IA Cnngre>s,~Rt the late session,
isquired the Circuit Court of tn. Unued
Mnndav Of Nav and the fourth Monday
of November in each year. aud author Ted
special or adjourned term. Of that Com,
to he ord-,ed hv The Chief Justice of the
Snprere Conr,. AT such time and on such
notice "a he m,Iht prescribe. with he
same power and i'risdic,i, as al regular
terms There ia an explicit recognition
hv Congress that the State "f hing, in
Virginia admts the holding Of the United
Sistes Courts in that State.
He a'.o .a'es: NJ, D.vis rom aims in
cus'oiv Al Fm,res. Monroe. precisely as
he was held in January la|t. when. On
ans~er TO y resolution al Congress. ,ou
reported commune stions from III. Secre
tarv Of War and the Attorney General.
sho~iny that he was held ,o await i,ial
nv n. Civil Cnur;s. No seton w.s then
taken bv Cnngres. in reference tn the
place Of custody. No demsnd hss since
he-n made Err his t.snsfer into civil Gus.
,ody The Disr Attorney nf the Uni .i
State. for the D,.rtict Of Vttinis. whsre
Mr D,vis stands indicted for treason hss
hssn notified ihst Tho ppi."n-r would lie
.nrrenL-red To the United State. Marsh Al
npnr = cspiss under Indictment. but tho
Disirict Attorney declines to have tho
cspias issued. because there is no other
piac. within the ID Hrict wh.r. the prison
er could ba kept. ar where his person. II
co nsnrt snd he, 9TH couli b. ~ we'll pro
vIdei fr No application hss h.er made
within nv kno~'sJys by the counsel { =
Mr.. Davi, for a transfer OF the prisoner
to civil custody. Recently sn application
was mad. l,y his counsel Tor his irau.fer
from Fnrtess Monroe tn For L,Fayete
on the ground chiefly of sanitary consid'
srarin". a re'ersncs "a. promptly ma 'e
b. Board Of Surgeons. ~h' report wa.
d-rid-dIv adverse TO IN. change. on tho
score Of h-slth aud person.' comfort.
| am unable 10 s.s ~na' further acr ion
can he taken, On thtpart e ia. Execntive,
Z" bring the prisoner to trial. Mr. Dwi.
,nust f,v ,ka ,S, Ant ,.c,.,o ..l... T. . .
until tn. Cont which has jnr,diction to
trv him shall ne re,dv t. ac', ~ until his
custody j. demanded under 10 ~ful process
OF the Fedsrsl C"nrrs
The Attorney General suggests that,
to ssoid any misUnder" anhrng e the sub
feet. An orisr he issuedto The cnrin rinrnsndsn,
ofF"rtr.ss Monroe. To suuender III. pr;.on,
er 20 civil custody whenever demanded by
the U"rei Slsrs. Mr.h,l upron process.
FROM the Federal Conrrs.
Mr.. Sts".hury enelos.s lsue, of thu
Uni ID states Dis,rict Attorney for w
pinis. who s'ares in H",Ner To the d,.s
lion Why no demand h heen made opon
the militsrv authorize. Tor the surreudpf
OF Jefferson Dsys in order that he niyh,
bs tried upon he indici'n-n, found sVs,nss
HIN in the United State. Cirrui Court,
Al the tsrm he'd ut Norfolk in Nav las
that t~o reasons hat Influenced hin, in
not removing him from ihei, cu.,ady.-
He snys Ih.r one r-I.'ss n the safsk.ep
ing. h. other to hi. own personal comfor,
and hsslih. I have never hsd anv ,iouh,
hnt iha, he you'd he delivered 10 The
Cni'sd St"es Marsha, Of the Diuric,
whenever he shonld have demanded hin,
on "caPim," or any Other civil pro.