, 1866-10-14
VOL. Xxx.

lion q Virginia to prevent the full exercise Of The
!nsieo,sn s ;s OF re es,1 eon5ts The aetnsl
peaee and Of ibs restoration Of e4.il order. enaf-
tatee q The elstl authorities, Federal and STAG,
e. a. i ss Fl. t5ets
f necessity for further acton on the part Of the
Executive Ia ihe way Of proclamstons, especially
caIl Court ot tho uuifed sta;es, 70 be held
nd lie ioarih Iendsy IN so1easef Il
sIns oi ,hst CONT 10 b ordered by lie
and on such notice - he might prescribe, with
grc.s that the stat. Of ihtucs in tirgini. adn.,s
the holding of tho United Stated eoufts in that
The obstruction you refer to cannot, 1t seems 10
nc, be renewed b5 any Executive order. 20 fas
tse "a oi NJ. is, pa.sea ~ 81 pro1ssts: th.s
te Circuit coa,, Of lie Unlted stasea Tor v,irnIa
sons %ons,, be :, III H. Seh%ona % o q hs soa.9 :t
Of November in each rear. further providing that
AZ suih and Other proeeeolng. Which s.Ana con.
pss e sns Ha5 & In as cd gss e 3
sh,sh VI. eraslsd u ID eou5t & o + belasn i
considered a. anrogated b. ILL., act This lctt the
regular term to be holden on the fourth Monday
q Sosenses, sna II there had been no fatshsI
CHIEF 1,Jneuee md he DistHet judge
the numbtr Of Judges OF tGo Supreme Court Of
;he Cnited sta.es, and 10 change certain Judicial
fesfs efs l. IT lie cs,si Ja:es q hsd
bssn T. s Gce st9es gt9f . ,e.
I'd Easyland. Virginia, North Carollua and West
- es,ossd saSan sys Y .,oss tais sst
IA nNHe hat whether
% not teanire - aeW % silotmth,. Whether dis aouSt
u,tTc cannot Interfere, ftt although undes cettain
peculiar ejrcumstances The Executive has power
10 make an allotment Of TIC 1udgea Of the suprema
made By tbe Judges of de Supreme Cont, .: By
S ge5ga ap s1y b es1Htes !. Mon
roe, preci.cly ~ be vas held In January, when
in assxer 10 seealnuois Of Congress yon reported
fhe Attorney Gcusrai. showing th1e ae WIS held
ia await tsiai in the civil courts. No action WAS
then taken by Cougrrts IN reference 10 the place
bis transfer into cisn custody. The Diatrct A.
tor1ey Of the United States for The dsilict Of r-
gins whs1e %r; pa.ls ,,t sta"as INDICTED fSt
rg!.ed States slarths1 upon : ea7tas under sae
ss Re. sef. dfees es 70
place within The district where the prisoner could
be se s.l, ksp Mhe.s biz Rsssonaa "a comfort
No application has been made, within my know
ledge, " the counsel for Nr: Davis for transfer
Of the prisoner 10 eis1 custody. recently, m ap-
Rf'ssn t. NJ 1as @ ras.e.. hi; Mouss
e. & ,.n!ay @ Nss; sesetsass u:
port VA decidedly ad1erre to the change, on the
score Of health and personal Comfort. ] I'm nm
s1e to re %htt further .e.S9 esp ee t.ssn On
nLeTe be a. Until The court ~hich has larsdlctson
fody il desnsnaed under lswfai process Of the
i you'd zagEes. that to avoid any mtsnn4er.
| eummandani Of Fortress Monroe 10 surrender the
/! pt1soner to civil custody whenever demanded By
ihc United states haashat, upon proctas from she
j tena hetewl!h copy Of = letter from The Tni
Hes 70 tse esl 5sna1 5S15 .1tnlos p e.: etc
(siened} uEsnf srAxsarnur,.
Attorney General.
OYFIcE or THE GkITED States
u1s1ntcr A7ToRxKT ron Vlha1NzA,
| NoEfolR, sth October, 1865.
To Hon. Henry s.ansbesss, Attorney General q
s,n: n eon,plisnse With your request, l sub
MI, here with fhe substance oF tho verbal ss1te.
meat made yoa f." days sincs, IN ~ answer y y
upon ine military authorities Tor the surrender q
Jcf. Davis. In order that be might bl
tried upon The Indictment found Against
him IN the United Ft2trs Circuit Couet
II The term hr1d at Norfolk In Nay l1st. Txt
rcarons bavs Influenced me in not taking Any
| stepa for removing him from their custody: Tht
/ one rtlAtes to bis eate-keeplnE, the otheI to hi
| own personal comfort knd health. lave mere
hhd An5 douet hut that he would be delivered t.
she United Statcs Marshal for the district when
e.er be ehould hare demanded him, On 4 cdptd
[ or -ac1 othrr eist1 process: But Jou eli
readily understand that 10 soon as h
coca into tho hands Of that Office
upon any ae!Ion haa 81 nc. his place ot eo1aa,
Al Foss1ess Nonfoe al necessary precau1lons e, e.
internal police Of State jal! lne Masshal has III
| authority, and the custody OF the pnsoner conl.
not be secured, save al scEy great expense. Ar
Davir Ia now IN A. comfortable quarter
aA the most Of those oeeup!ta b,
the army ot]ccsa Mt the fort III
location ie healthy o1e. H1t family have 8sc
accrss TO him. He has full Opportunity for exc1
c.ee In the open air. II his besllh be feeble. Re
move him 10 one Of the Stste jalls, aud his cor
| dltiop, instead Of teiug beHered, would In a
I reaects bc much TOR The mosse. His counsel
probably understand all this, and think vii
not eelskel5 to lAks AT t!eps which would ,{I d
| ercaEetle personal comforae or cndanGer the liz
Of their clitnt. bave the honor, &e,. DC
tSigncd) +, u. cnAxp1Er7
T. S. District Attorney for Virginia.