Evening star. [volume] (Washington, D.C.) 1854-1972, 1866-10-13
TINE TRIAL OF JEFFERSON DAVIS.
IMPORTANT CORRESPONDENTS.
LETTER OF THE PRESIDENT TO THE
ATTORNEY GENERAL.
REPLY OF THE ATTORNEY GENERAL.

| ~
The President has addressed the following
| letter to the Attorney General in regard to the
| trial of Jefferson Davis:
EXECUTIVE MANSION, WASHINGTON, ID. e.,
October 6. 1s66.-Sir A special term OF the
Circuit Court Of the United States was an.
| pointed for the first Tuesday Of October, 1866
at Richmond, Virginia, for the trial of Jefferson
Davis on the charge Of treason. 1t now appears
that there will be no session ST that court at
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)-wiIl be
| held.
In view Of this obstruction, and the conse.
| quent delay in proceeding with the trial of
Jefferson Davis under the prosecution for
treason now pending i'm 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
adequate jurisdiction within the district
or circuit in which the State Of Virginia is in.
cluded, deem it proper to request your opin-
ion as to what further steps, if any, should be
taken by the Executive with view to speedy.
public and impartial trial Of the acc used ac-
cording to the Constitution and laws OF the
United States.
am, sir, very respectfully yours,
ANDREW JOHNSON
To the Hon. HENRY SrANBERY, Atty Gen,l.
The Attorney General replies as follows:
ATTORNEY GENERALS OFFICE, October 10
1S66.-The President:-Sir: have the honor to
state my opinion upon the question pro-
pounded in your letter of the 9th, as to what
further may be proper OF expedient to be done
by the Executive in reference to the custody of
Mr.. Davis, and the prosec ution for treason
now pending against him in the Circuit Court
OF the United States for Virginia.
i am clearly OF opinion that there is nothing
in the present condition Of Virginia to pre- vent
the full exercise OF the jurisdiction of the civil
courts: The actual state Of Things, and your
several proclamations of peace and Of the
restoration OF civil order, guaranty to the civil
authorities, Federal and State. Immunity
against military control or interference. 1t
seems to me that in this particular there is no
necessity for further action on the
part of the Executive in the way of proc
lamatlon, 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 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 ju-
risdiction 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 thai
State.
The obstruction you refer to, it seems to me,
cannon be removed by any Executive order,
so far as am ad vissd. 1t arises as follows:
Congress on the 22d Of May, 1885, passed an
act providing that the Circuit Court of the
United States, for Virginia, should be held at
Richmond on the first Monday Of May and on
the fourth Monday Of November in each year
and further providing that all snits and other
proceedings, which stand continued TO any
other time and place, should be deemed con.
unued 10 the place and time prescribed by the
act The special or adjourned session, which
was ordered by the Court TO be holden at Rich.
nond in the present month Of October, was
considered as abrogated by force Of this act
This left the regular term to be holden on the
fourth Monday OF November; and il there had
been no further legislation by Congress- no
doubt could exist as to the com potency of the
Chief Justice and the District Judge of that
court then to try Mr.. DAVIS. But on the 23d of
July, 1866, Congress passed an act to fx the
number Of Judges Of the Supreme Court OF the
United States, and to change certain juoicial
circuits. Among other changes in tie circuits
made by this act is change of the rourth cir.
cult, TO which the Chief Justice has been
allotted. As this circuit stood prior to This act
when allotted to the Chief Justice, IL embraced
hen Maryland. Virginia, North Caro-
TINS act by excluding Delaware and adding
1t is understood that doubts exist whether
tnis change in the States composing the cir
cult will not requires new allotment. Whether
this doubt Is well founded or not 1t is certain
that the Executive cannot interfere; for al
though, under peculiar circumstances, he
Executive has power to make an allotment of
the JUDGES of the Supreme Court yet these cir
cumstances do not exist in this case. new
allotment, II necessary, can only be made by
the judges of the Supreme Court, or y.Cen-
gress-perhaps only BY Congress.
MT Davis remains in custody at Fortress
monroe, precisely as he was held in Jaunary
last, when, in answer to q resolution of Con.
gress, you reported mnunications from the
Secretary OF War and the Attorney General,
showing that he was held TO await trial in me
civil courts. No action was then taken by
Congress in reference TO the place OF custody.
No demand has since been made for his trans
fer into civil custody. The District Attorney
OF the United States for the District OF Viz
ginia, where Mr. Davis stands indicted for
treason, has been notified that the prisoner
would be surrendered TO the United States
Marshal upon capias under the Indictment.
but the District Attorney declines to have the
capia ; ISL because there is no other place
kept, or where his personal comfort and health
could be SO we'll provided for. No appiicatiou
has been made Titnin my knovlsdge BY the
oner 70 civil custody Recently an appiica.
ton ", made by his counsel for his transfer
from Fortress Monroe to Fort Lafayette on The
ence was promptly made to board Of sur
geons, whose report was decidedly al verse IN
change. on the score OF health and personal
| comfort.
am unable to see what further action can
I oe taken on the part Of the Executive to bring
the prisoner to fftal. Mr.. Davis must for the
present remain where he is. until the court
| to act, or un fl his custody IL demanded under
lawful process OF the Federal Oourts :.
would suggest that to avoid any misun.
the commandant Of Fortress Monroe 70 sur
render the prisoner to civil custody, whenever
demanded BY the United States Marshai, upon
/ eend herewith copy of q letter from the
United States District Attorney for Vir9inis.
to which beg to call yonr attention.
HHNRY SrANHrpv. Arr o>nn