New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-10-15
THE TRIAL or JEFFERSON DAYS.
ETrER Cv THE PRESIDENT TO THE ATToRSEY-dENE'
RAL-RgPLy OF Mr.. sTASBgeY.
The President has addressed the following letter 10 the
in regard 10 the trial Of Jefferson DAVIS

The President has addressed the following letter TO the
in regard TO the trial OF Jefferson DAVIS
EXECUTIVE MANSION, washington, ID c. Oct g ~ s..
SIR special term Of the cc1 Jourt o. inc n' ~ ns
mOnd Virginia for the ' se % S c no on session of hat
cOn a. Richmond during EG present month s,o
expressed whether the regular term (Which D! nw Ic held
mencc on the fourth Monday Of November heAV WI IN ,o
In view 81 , he S Of Jefferson Davis under
for treason now pending in that Court and there PGg - for
S es ne Of e United States are not competent
qae jurisdiction within the district o circuit ~ which tne
opinion as to what steps il any should be taken by The
Executive With view to SPEEDY PIGc ann ami ns a se
United States. am sir very respectfully yours ,o,xsox
To the Hon Henry sr,SuKRr, Attorney General
The Attorney General rcpl's as follows: - . 90 s
ATIoRAEl GENERALS OFFICE, Oct - let1
TIE PREspExT-Sr have the honor TO state my opinion
upon the question propoudcd in letter Of the 9th to
Executive in reference 10 the custody Mr. Davis and the
prosecution for treason now pending against DIM al 'he circuit
Court Of the United States for Virginia
condition of Virginia to prevent Tie full exercise Of the ude
several procamatons Of and u The restoration 81 cN
order guarantee the civil authorities. fce and State i'm.
muuts against military control Interference II seems 70
me- tat In this particular there necessity for further
action part Of the Executive in the way Of
especially Congress at the late session required the Circuit
Court Of the United be held Richmond on the hrs'
Monday May aud the fourth Monday Of Noyembe, in each
10 be ordered by the Justice Of the supreme Court at
such notice tpft lfctcrDti
same power and Jurisdiction as ut regular terms
This Is an explicit recognition by Congress that the state OF
things in Virginia admits the holding Of the United States
Tie obstruction YOU refer to- it seems be
moved by Executive orc 80 far a. am advised Arises
Congress the 2d Of May isG6 passed act providing
that tic Circuit United States for Virginia should
be- held at Richmond on the first Monday May aud the
fourth Monday Of November in each aud further providing
any other time and place should be deemed continued the
place and time prescribed by the act The special or
session which was ordered BIS the Court TO he holden az Rich
mond In present month Of October considered as abro
gated by the force Of this act.
Of November aud II there had been further legislation by
Congress doubt could exist to the competency Of The
Mr. Davis But the 2 Of July 1865 Congress passed an
act 10 number Of Judges Of the Supreme Court OF the
United States change certain judicial ccui Among
other changes the circuits made by this act is change Of
the circuit to which the CefJustce has been allotted
Chief Justice 1t embraced Delaware, Maryland, virginia
North Carolina and West Virginia II changed by this
act ly excluding Delaware and adding South Carolina.
II Is that doubts exist whether this change IN the
Whether this doubt well founded it certain that the
Executive interfere for although, under peculiar CIR
snccs The Executive has power 10 make an allotment Of
nni,l'os 10 Sre 1'eirt wei tlcsr circumstances do
not exist in this allotment necessary, can only
M made Nv he Judges Of the Supreme Court by Congress
Mr. Davis remains in custody Fortress Monroe precisely
as he was held In January last when in TO resolution
of Congress YOU reported from the Secretary
of War and the Attorney General showing that he held
10 awa trial in the ci courts action then taken
10y Congress in reference place of custody No demand
has since been made his transfer into civil custody The
District OF the United States for the District OF Viz
eina Mr. Davis stands indicted for treason has been
notified that prisoner would b. surrendered 10 the United
States Marshal upon copias ander the indictment but the
District Attorney declines TO have the capa issued because
there i no other place within District where the prisoner
could kept where his personal comfort and health could
be well provided for No application has been made within
knowledge by the counsel for Mr. DAVIS Tor irnser OF
prisoner civil custody Recently an application was
made by his counsel for his transfer from Fortress Monroe 10
Fort Lafayette the ground chiefly Of sanitary consideration
\ reference promptly made board of surgeons whose
report decidedly adverse change on the score OF health
| and personal comfort.
unable what further action can be taken on the
pan Tie Executive 10 bring the prisoner 10 trial Mr. Davis
the present where no IL until the court which
hos jurisdiction Try him shn be really act un,l his
custody demanded under lawful process Of the Federal
| Courts
would suggest that 90 avoid ans misunderstanding on the
subject order srue the oOmnandant OF Fortress Monroe
surrender the prisoner civil custody whenever demanded
by tho Uned States Marshal upon process from ihe Federal
| tOnttS
send herewith copy Of LITTER from the United States Dis
trH ATTORNEY iof Vgmn 10 winch i"g 20 call your aueI
I tiyn have the hOnai a. be &C..
! II.Hn Sr,NBfsY Attorncg CeucTal
| Of1cT oF L : DfsriHcT AfIolNFY r0R NJlpJSA,
NORFOLK. Oct. = isId
Hon HESM ANDEn, Attorney 6caoat Of TIC Untd