Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1866-10-19


dent has addressed the following letter to
the Attorney. Genera! in regard to the trial
of Jefferson Da;is:
EXECUTIVE MANSION,
WASHINGTON, D. 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 Rich
mond, Virginia, for the trial of Jefferson
Davis, on the charge of treason. It now
appears that there will be no session of that
Court at Richmond during the present
mouth, and doubts are expressed whether
the regular session, which, BY law, should
commence on the fourth Monday of No
vember next, will be held. In view of this
obstruction, and the consequent delay in
proceeding with the trial of Jefferson Da-
Wis, 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 ade.
quate jurisdiction within the district or
circuit in which the State of Virginia is in.
cluded, deem it proper to request your
opinion as to what further steps, if any,
should be taken by the Executive, with
view to speedy public and impartial trial
of the accused, according to the Constitu-
zion and laws of the United States am,
sir, very respectfully, yours,
ANDREW JOHNSON.
To Hon. Henry Stansbury, Attorney
General.
10 response to the above, the Attorney
General, under date of the 18th instant,
states: .-.... ..=-
lam clearly of opinion that there is moth.
ing in the present condition of Virginia
to prevent the full exercise of the jurisdio-
tiou of the civil courts. The actual state
of things and your several proclamations
of peace and of the restoration of civil Or
der, guarantee to the civil authorities, Fed
eral and State, immunity against military
control or interference, it seems to me that
in this particular there is no necessity for
further action on the part of the Execu-
tive in the way of proclamation, especi.
ally as Congress, at the last session, re.
quired 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 authorized
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 Congress
that the state of things in Virginia admits
the holding of the United States Courts in
that State. He also states that Mr.. Davis
remains in custody at Fortress Monroe pre-
csely as he was held in January last, when,
in answer to resolution of Congress, you
reported a communication from the Secre-
tary of War and the Attorney General,
showing that be was held to await trial 10
the civil courts No action was then taken
by Congress in reference to the place of
custody. No demand has since been made
for his transfer into civil custody. The
District Attorney of the United States for
the District of Virginia, where Mr.. Davis
stands indicted for treason, has been no.
tilted that the prisoner would be surreu-
dered to the United States Marshal, upon
capias, under the indictment; but the
District Attorney declines to have the
capias issued, because there is no other
place within the District where the pris.
oner could be kept, or where his personal
comfort and health could be so we'll pro.
vided for. No application has been made,
within my knowledge, by the counsel for