The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-10-14
He Prefers Fortress Monroe as a
Prison to a Virginia Jail.
CLAIMS AGAINST ENGLAND
WAsmSeroS. Oct. 10, 1865.
The Case Of jeff Davis.

The following official correspondence relative to the
trial Of jefferson Davis made public this after
EXECUTIVE MANSION WASHINGTON Oct G. 1868
SRA special term OF the Circuit Court Of the nited
States appointed for the first Tuesday of October
1866, at Richmond, Va for tho trial Of Jefferson Davis
the charge Of treason. 1t appears that there viii
DO session Of that Court Richmond duriag pres.
ent month and doubts expressed whether the regn.
lur term. which by Law should Commence the fourth
Monday Of November next will be held In view Of this
obstruction and the consequent DELAY proceed rig with
the trial Of Jefferson Davis pending in that Court,
and there beine, so far as am informed good
why the civil courts OF the United states cnnpe
tent TO exercise adequate Jurisdiction within the district
cfcnii in which the State OF Virginia is included.
deem IL proper to request your opinion TO what far
sher steps Il any should be taken by the Executive with
view a speedy, public and impartial trial Of The
cased according 10 the constitution and laws OF the
ANDREW JOHNSON
To Hon. Henry STASBE9Ry, Attorney General.
OPINION or THE ATronsEY GENERAL
ATTORNEY GENERALS OyticE,
October IL. 1866.
Sf-f have the honor to state ny opinion Upon the
question propounded in your letter OF the 9th what
further may be proper expedient BIO done by
Executive reference TO the custody or Mr. Davis and
the prosecution for treason pending against him
the Circuit Court of the United States for Virginia I
clearly Of tho opinion that there is nothing in the
present condition Of Virginia to prevent the fun
OF the Jurisdiction Of the CIVIL The actual
of things and your several proclama.ons OF peace
OF restoration Of civil order guarantee the civil
authorities, federal and Stae, immunity against military
seems that this particular there is no neces.
sy for further action on the part of the Executive
sns way o. proe,amaon especially as Congress =, the
States 10 be held at Richmond the irt Monday of
May and the fourth Monday Of November each year.
and authorized special adjourned terms OF that
be ordered by the Chief Justice Of the Supreme
ai such time and on such notice he might prescribe
with the power and Jurisdiction at regular terms
This IL an explicit recognition BY Congress that the state
Of things Virginia admits the holding Of the United
States courts In that State The obstruction You reer
IN on0uoi IN ma ho hv
executive order 30 far - l am advised Il
srsos, as follows-Congress, the ed OF
Court Of United States Virginia should be held al
Richmond the nrs Monday Of May, and the
ing that ali suits and other proceedings which stand con-
tinued 10 any other timo and place, should be deemed
continued 70 the place and time prescribed by the
che court 70 be holden at Richmond in the present
month OF October was considered abrogntcd by this
fourth Monday OF November and IL there had been no
further legislation by Congress doubt could exist as
Judge Il that coSrs then to try Mr. Davis Ba, on The
nd of July 1884, Congress passed Ak the num-
her Of Judges Of the Supreme Court of the United States
and 10 change certain judicial circuits Among other
changer made in the Circuit Courts by this change
Of the fourth circuit TO which the Chief Justice had
when allotted the Chief Justice embraced Delaware
Maryland Virginia, North Coroiina and West Virginia
.asas soasS CAROLINA h. aea sns
exist whether this change in the States comprising
circuit will not require new allotment. Whether this
doubt well founded or not IL Is certain the Ex
ecutive cannot interfere; for although. certain pc
cuiar circumstance the Executive has power TO make
allotment Of the Judges Of the Supreme Court vt
these do exist in this case new al
otment. II necessary can only be made bv the Judges
Of the supreme Court or by Congress- perhaps only by
CONGRESS.
Mr. Davis remains in custody at Fortress Monroe pre-
c,sey he held In January last when, in
from the secretary OF War and the Attorney Generai
showing that he held 10 await trial in the civil
once 10 the place OF custody No demand has since been
made tor his transfer into civil custody The District
ATTORNEY Of the United states for the District Virginia
where Mr. Davis stands indicted treason, has been
notified that the prisoner would be surrendered
United States Marshal upon czpas under tho indict-
ment but the District Attorney declines 10 have tue
cspss ssusd because there other place within the
disrct where the prisoner could be safely kept
where his personal comfort health could be 80 well
prov ded fcr No application has been made within nv
knowledge by the counsel for Mr. Davis for transfer
the prisoner 10 civil custody Recently appicaon
made by his counsel for his transfer Fortress
Monroe 10 Fort Lafayette the ground en- CIV Of
sanitary considerations reference promptly made
70 . hoard OF surgeons, VII report decidedly
adverse 70 the change on the Of health and per
sons comfort
anu unable to zee what further action eau be taken
tho par Of the Executive to brng the prisoner
trial Mr. Davis must for the present remain where he
is Until tho court which has jurisdiction TO try him shall
be ready 20 act until his custody demanded under
lawful process Of the federal courts would suggest
that to avoid any misunderstanding the snbeci
order he ssued TO the Commandant Of Fortress Monroe
10 surrender the prisoner civil custody whenever
demanded by the United states Marshsl upon process
from the federal courts
seud herewith copy OF n letter from the United
States strict Attorney cr Virginia. 10 which beg
osi your attention. have the honor 70 DO &c &C,
HENRY sTASBERY, Attorney General
igrrgR ATTORNEY cHsyprEs.
OrrcE ras rNTrD srATxs
DsrrIcr ATTORNEY vIEGISIA,
NORFOLK. Sept. Is, 1905
Hon Hsssv srAssrrr. Attorney General Of the United
srn-in compliance with your request, submit
oft a verh 4 ma
you fow days since In your question why
demand hsd been made upon the military authorities or
the surrender Of Jefferson DAVE order that he might
be tired pon the indictments found sgans, him ID the
United states Circuit Court, At the term held Norfolk
70 May ~ Two reasons have influenced me Ia not
taking any steps for removing him from their custody
m. one relates 70 his safe xeepng the other nis
any doub, but that he would be delivered
~ the nhed States Marshal FOR the Dlirlct
Whenever hetshoold have demanded HIM . earias o.
any ether civil process Bot you readily understand
that he goes INTO the hands .. mat officer
upon an action bad BY me- his place ~ confinement,
would u the state Jniis OF Virginia Al FORTRESS
Monroe al necessary precautions and are taken 10
prevent escape over the internal police Of rtsie
Jail the Marshal has authority the CUSTODY OF The
pr soner could not Be secured a. very frca, er
penss Mr.. Davis u now 10 A. comfortable quarters a.
the most Of those occupied y we army officers at the
fort The location y healthy one His family have
free him. He has iui opportunity FOR exercise
In the opcu air. his health BE- feeble remove him
OF the Sate ais and his condition, instead Of being
battered would IN all respects be much for the worse
HIS counsel probably understands al this and think
VIII not Ne likely 70 tax any Gcfe whn would decrease
the personal comforts enanger the LIE ~ their client
have the honor 10 he most respectfully your obed en
servant l. II CHANDLER.
United States Dstrict Attorney for virginia
Retirement Of Baron Stoecki.
Baron soeckl for many years representative Of the
Emperor Of Russia 10 government waited on the
President yesterday accompanied by the Secretary o.
State 70 take formal ocsI leave previous 70 his Goal
departure from this country The interview vas Of an
interesting character, both from the intimate friendly
relations Of the two governments and the popularity o.
tho retiring Minister himself The Russian government,
ell be represented by N. waidemr Bcdisco, who has
besa attached 70 We issssion for pumber Of vsas