The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1866-10-15

y
Genefdi,
! II ArT6RafsY tYRREnALs OFFICE,
October II, 1866.
10 me Fresdtenfj
SIN; | have the honor TO state my
opinion upon the question PROFOUND
cd Ia your letter Of the 9Th as to what
further may be proper or expedient to
be done by the Executive ia refer
enee TO the custody Of Mr., Davis
aud tho prosecution for treason now
pending against him IN the Circuit
Court of the United States Of Vir-
ginia. | AIN clearly Of the opinion
that there ie nothing Ia the present
condition Of Virginia 30 prevent the
full exercise Of the Jurisdiction Of the
civil E0urtsg illGp actual state of
things aud your several pr0elamations
Of peace, aud Of the restoration of
civil order, guarantee to the civil
authorities, Federal aud State, inn
munity against military control or IN
reference II seems to me that In
n this particular there IN no necessity
for further action on the part Of the
\ Executive Ia the way Of proclama-
tions, especially as Congress nt the
late session required the Ciruit Court
Of the United States TO be held at
/ Richmond on the first Monday Of
May and the fourth Mbhdhy Of No
yembef Ia each year, md authorized
/ 4 special adjourned term of that
! conrt 20 be ordered by the
Chief Justice Of the Supreme
! Court at such time and on such nefioe
~ he might prescribe. with the same
power and jurisdiction ae at regular
terms, This Is an explicit recognition
by Congress that the state Of things
in Virginia, and admits the holding Of
the United States Court IN that State.
The obstruction you refer TO cannot,
II seems TO me. he removed by an Ex
eeutiye order. So far ~ ] am advised
| understand it ms follows; Congress,
on the 22d Of May, 1866, passed an act
providing that the Circuit Court OF
the United States for Virginia should
be held at Richmond on tho lat Mon
day Of May and 4th Monday Of No
yember in each year. and further pro-
Viding that all suits. and other pro-
ceedings which stand continued TO any
other time and place should be deem
ed continued TO the place aud time
prescribed by the act, The special OF
adjourned session, which was ordered
by the Court % be holden at Rich,
mond in the present month Of Oeto-
ber, was coneidored ~ abrogated by
this act. This left the regular term "a
be holden on the fourth Monday OF
November, aud If there had been no
further legislation by Congress, nc
doubt could exist as to tho eompeten-
cy Of the Chief Justice and the Dis
triot Judge ofthat Court then TO try Mr.
Davis. But, on the 23d Of July, 1866
Congress passed an'aet 10 lix the mum
ber of Judges of the Jupreme Court
of the u, ~, 10 change certain judicial
circuits, "a Among other changes made
IN tlle6e Circuit Courts by this act
is change of tho 4th Circuit, tc
which the Chief Justice had been al
lotted, az this Circuit stood prior e
this act. When allotted TO the Chief
Justice it embraced Delaware, Mary.
land, Virginia, North Carolina, and
West Virginia. II was changed by
this act BY excluding Deleware anG
adding South Carolina. Ii IL under
stood that doubts exist whether this
change ID the States comprising the
Circuit will mot require h new alIot
ment. Whether this doubt is wei
founded or not it IL certain that tht
Executive cannot Interfere, although
under certain peculiar circumstance
the Executive has power TO make al
allotment of the judges of the Su
preme Court. Yet these circumstance
! do not exist'in this case A new al
lotmont, if necessary, can only be made
by the Judges Of the supreme Court
or by Congress, perhaps only hy Con
! gress. Mr., Davis remains IN custod,
! ut Fortress Monroe precisely as h'
was held in January When in an
I swer TO resolution Of Congress, yol
| reported communications from til,
Secretary Of War and Attorne,
, General, showing that he wa
, held to await trial in the civil courts
0 no action was then taken by Congress
+. in reference to the place Of custody
aud no demand has since been made