The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1866-10-24

has addressed the following letter to the
Attorney General, in regard to the trial o.
Jefferson Davis:
EXECUTIVE MANSION,
Washington, d. c., Oct. 8, 1866.
SRA special term of the circuit court
of the United States was appointed for the
first Tuesday of October, 1866, at Richmond
Virginia, for the trial of Jefferson Davis on
the charge of treason. Itnow appears that
there will be no session of that court in
Richmond during the present month, and
doubts are expressed whether the regular
term, which, by law, should commence on
the fourth Monday of November next, will
be held.
In view of this obstruction, and the con.
sequent delay in proceeding with the trial
Of Jefferson Davis, under the prosecution
for treason, now pending in that court, and
there being, SO far as the President Is III,
formed, no good reason that the civil
courts Of the United States are not compe.
tent to exercise adequate jurisdiction with
in the district or circuit in which The
State of Virginia is included, deem il
proper to request your opinion as to what
further steps, if any, should be taken by
the Executive, with view to o speedy
public and impartial trial of of the accused
according to the Constitution and laws o1
the United States. s.ss
IS ANDREW JOHNSON.
TO Hon. Henry stanbery, Attorney Gen.
In response to the above, the Attorney
General, on the 18th inst, states:
II am clearly Of the opinion that there is
nothing in the present condition OF Virgin
ia to prevent the full exercise Of the juris.
diction of the civil courts Tho actual
state of things, and your proelamations Of
peace, and Of the restoration of civil order
guarantee to the civil authorities, Federal
and State, immunity against military con.
troll or interference. 1t seems to me that
in this particular, there is no necessity fol
further action on tho part Of the executive
in the way Of proclamation, and 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 authorized special ad.
journed terms Of that court, to be,ordered
by the chief justice at snch time and on
such notice as he might prescribe, with the
same power and jurisdiction as at the reg.
ular terms. This is an explicit recogni-
ton by Congress that the state OF things
in Virginia admits the holding OF the
United States courts in that State"
He also states Mr.. Davis remains in Gus
tody at Fortress Monroe perecisely as he
was held in January last, when, Tin answer
to d resolution of Congress you reported
communications from the Secretary of War
and the Attorney General, showing that he
was held to await trial in the civil courts. /"
No action was then made by Congress in
reference to the place Of custody; no de-
mand has since been made for the transfer
into civil custody. The District Attorney
OF the United States fer the district OF
Virginia, where Mr.. Davis stands indicted
for treason, has been notified that the
prisoner would be surrendered to the Unit
ted States Marshal, upon q capias under
the Indictment. hut the District Attorney
declines to have the capias Issued, because
there is no other place within the district
where the prisoner could be kept, or where
his personal comfort and health could be SO
well provided for. No application has
been made within my knowledge by the
counsel for Mr.. Davis, for q transfer Of the
prisoner to civil custody. 81 f
Recently, an application was made by
his counsel for his transfer from Fortress
Monroe to Fort Lafayette, on the ground
chiefly Of sanitary considerations. Arefer.
ence was promptly made to board fsur.
geons, whose report was decidedly adverse
to the change on the score of health and
personal comfort. lam unable to see what
further action can be taken on the part Of
the Executive to bring the prisoner to tri
al. Mr.. Davis must, for the present, re
main where he is, until the court which
has the jurisdiction to try him shall BE-
ready to act, or until his custody is De
manded under lawful process Of the federal
courts. The Attorney General suggests
that to avoid any Misunderstanding on the
subject, an order be issued to the comman
dant Of Fortress Monroe, to surrender the
prisoner to civil custody, whenever de
manded by the United States Marshal, up
on process from the federal courts"
Mr.. Stanbery incloses letter of the
United States District Attorney for Virgin
la, who states in answer to the question
why no demand has been made upon the
military authorities for the surrender Of
Jefferson Davis, in order that he might be
tried upon the Indictment found against
him in the United States Circuit Court al
the term held at Norfolk in May last, that
two reasons had influenced him in not re-
moving him from their custody. He says;
"The one relates to the safe keeping, the
other to his own personal comfort and
health. have never had any doubt but
that he would be delivered to the, United
States Marshal of the district whenever hi
should have demanded him on capias OF
any other civil process"