Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1866-10-15

Ooc1o1 COrfeeeo1oeoee 8e1oe1vo 70 soe
TS10l 81 JeG OavoA
WASHINGTON, Oct 13.-The following Of
6cial correspondence relative to the
this p. m.
WASHINGTON, Oct. O-Sir, special term
Of the Circuit Court Of the United States
was appointed for the first Tuc<day OF Oct,
1919, ct Richmond, Va, 6De tsial Of JeG.
Davis, en- charge Of treason. II SOW appesr0
that there will be no session Of that Court
ct 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 the obstruction, and the
consequent delay In proceeding with the
trial Of jeff. Davis, now pending In that
Count, and there being. 20 far - ! an
Informed. no good reason Why civil courts
Of the United states arc not cOmpcteDt 70
exercise adequate Jurisdiction within the
district Of circuit within which the State
Of virginis b included, deem Il proper
70 request your opinion - to Whist fur
thes steps, Il any. should b taken By the
executive with view 70 . speedy, public,
and impartial trial Of the accused, according
t0tbe constitution and lAWo Of tho United
States. am, sir, very respectfully yOurs,
ANDnaW JomyuON.
To Hon. nRNny 0fANsDURY, Atty 0en'l.
Attorney Generals Office, Oct, II. 1888.
10 he Psed1deut-Sir, have The honor
10 state my opinion upon the question pru.
pounded n your letter Of the osh, - to what
fusther may be proper or expedlent to Be
done by the executive In reference TO the
custody Of Mr.. Davis, and the prosecution
for treason now pending against him In the
Circuit Court Of the United States, of Wiz.
ginia. am clearly Of the opinion that
there IL nothing In the present c0pditiOn
Of Virginia IN prevent the full exes.
else OF the Jurisdiction Of the civil
courts. the actual state Of things, and your
several proclsmations Of peace and Of the
restoration Of civil order guarantee TO thc
civil authorities, Feeiessl - 6>aAe immuni
| ~ against military control or interference.
Y seems to me that In this particulars that
there IL no necessity for further action on
proclamation. especially ~ Congress at the
late session required the Circuit Of the Uni
ted States to be held at Richmond on the
first Monday Of May, and the fourth Of No
vcmber in each year, and the authorized
special or adjourned terms Of that Court to
be ordered by the Chief Justice of The Su.
preme Court at such time and on such no.
ticc as he might prescribe with the same
power and jurisdiction as . regular term
This is an explicit regulation by Congress
that the things in Virginia admits the hold.
ing Of the United States Courts in that State.
The obstruction you refer To cannot il seems
to me be removed by any Executive or
der, SO far as am advised II arises ~ follows:
Congress on the ~. Of May, 1866, passed
an act providing that the Circuit Court Of
The United States for Virginia should be
held ct Richmond on the first Monday of
May, and the fourth Monday of November
in each year, and further providing that all
suits and other proceedings which stand
continued to any other time and place
should be deemed continued to the place
and time prescribed by lthe oct, the special
or adjourned session which was ordered BY
the Court to be holden 1t Richmond IN the
present month of Oct. was considered q
abrogated by The oct.
This LEFT the regular term TO be holden on
the fourth Monday OF November, and II
| there had been no further legislation By
Congress Mr. Davis must for the present re
| main where he 10 until the Court which has
jurisdiction to try him shall be ready 70 ct,
or until his custody IL demanded under law.
full process Of the Federal courts / would
suggest that. TO avoid any misuuderseandine
ON the subject, IN order b issued to the
commandans OF Fortress Monroe % surrcn.
der the prisoner II civil custody whenever
demanded BY the United States Marshal upon
process from the Federal courts.
(SignedD HxxRY SrAHnERRY,
Attorney General.