The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-10-18
To HoN. HrxRY srANnrn,sT' 'D''.'7o'
Attorney General

In response to the above the Attorney
General on the 18th states. | am clearly
Of the opinion that there is nothing in the
present condition Of Virginia to prevent a
full exercise of the jurisdiction of the civil
courts. The actual state of things produced
by your proclamation Of peace aud restora-
ton of civil order guarantees to the civil
authorities, Federal and State, immunity
against military control or interference 1t
seems TO me in this particular there is no
necessity for further action on the part of
the President, in the way of Il proclamation,
and especially as Congress at its late SEES
sion required the Circuit Court Of the Uni.
ted States TO be held at Richmond on the
LIST Monday Of May and the dth Monday of
November in each year, and authorized "A
special adjourned term of the Court to be
ordered by the Chief Justice of
the Supreme Court Mt such time
aud on such notice as he might prescribe,
with tho same power aud jurisdiction ms the
regular Court. This is an explicit recogui.
ton by Congress that the state of things in
Virginia admits the holding of the United
States Courts In the State. He also states
that MIR. Davis remains in custody Mt For
tress Monroe precisely as he was in January
last, when in answer to resolution of Con-
gress you reported showing that he was held
TO await trial in the civil Courts. No ae-
ton was then taken by Congress in refer.
enoe to the place of custody A demand
has since been made for his transfer into
civil custody.
The District of the United States for the
District of Virgins where Mr.. Davis stands
indicted for treason, has been notified that
the prisoner would be surrendered to the
United States Marshal whenever the capias
is issued Under the Indictment, but the Dis
triet Attorney declines to have the capias
issued, because there is no other place with
in the District where the prisoner could be
kept, or where his personal comfort and
health could he so well provided for No
application hes been made Within my
knowledge by the counsel for Mr.. Davis for
a transfer of the prisoner to civil custody,
Recently an application was made by his
counsel for his transfer from Fortress Mon
roe to Fort Lafayette on grounds. chiefly of
sanitary considerations. A reference was
made 30 "a board of Surgeons whose
report was decidedly adverse 70 change on
The score Of health and personal comfort
nm unable 10 see what further action can be
aiken ON the subject of the Executive to
bring the prisoner to trial MIR Davis must |
l0r the present remain where he is until the |
'ourt which has jurisdiction to try him |
'hall be ready 20 act or until his custody /
: demanded under lawful process of the |
Federal Courts The Attorney General sug- |
rests that 10 avoid any misunderstanding /
N the subject, an order issued 20 the eoIh- /
nandaut Of Fortress Monroe to surrenderX
he prisoner 10 eivil custody whenever de- 4
handed hy the U, 8 Marshal upon process /
rom the Federal Courts.
MIR. Stansberry enclOses a letter of the u.
District Attorney for Virginia who states
n answer 20 question why no demand had
,een made upon the military authorities for
he surrender Of Jefferson Davis in order
hat he might be tried upon the indictment
ound against him in the T. s Circuit Court
{ the term held at Norfolk in May last. that
wo reasons had influenced him IN not re-
loviug him from the then custody; he saws
he one relates to the safe-keeping, the other
0 his own personal comfort and health
ave never had any doubt Int that he would
e delivered 10 the T. s Marshal Of the dis
rict whenever he should have demanded
I'M on a edpias or any other civil proves
LONDON, Oct. l3.-Consols sa4 Elves 709. ,
otton sales. middling uplands l5d
NEw NokE. Oct 1.-The schooner Mary /,
nm McChee was sunk yesterday afternoon
! the steamship Queen. which vessel arrived
st evening. No lives lost
Foreign news TO tho 9Th inst contains the 1
lowing from steamer Heela. il
The Peruvian and Petry had arrived.
At the Banquet In honor Of the cable laysrs ].
message was received from the Queen con. Z
ming knighthOod upon Capt Anderson, :
of Thompson. and Meszrs- Glass and Can 5