The Norfolk post. [volume] (Norfolk, Va.) 1865-1866, 1866-02-05

JUSTICE.
The President communicated the fol-
lowing to the Senate:
To the Senate of the United States:
The accompanying correspondence is
transmitted to the Senate in compliance
with its resolution of the 10th ult., re-
questing the President, if not .incom-
patible with the public interest, to COM
municate to the Senate any correspOn-
dence which may have taken place
between himself and any of the Judges
of the Supreme Court, touching the
holding of the civil courts Of the United
States in the insurrectionary states for
the trial of crimes against the United
States. ANDREW JOHNSON.
Washington, Feb. 2 1866.
EXECUTIVE MANSION,
WASHINGTON, d. G. Oct 2, 1885. J
DEAR SIR: 1t may become necessary
that the Government prosecute some
high crimes and misdemeanors commit
ted against the United States within the
District of Virginia. Permit me to in
quire whether the Circuit Court of the
United States for that District is so far
organized and in condition to exercise
its functions that yourself or either of
the Associate Justices of the Supreme
Court will hold term of the Circuit
Court there during the Autumn or early
Winter, for the trial of causes. Very
respectfully, = ANDREW x, JOHNSON SON.
Suprme Court.
wAsHyNeroN, October ~. 1865.
DEAR SIR: Your letter of the I'd, di-
rected to Cleveland, aud forwarded to
Sandusky, reached me on the night be.
fore last. left for Washington yester-
day morning, and have just arrived.
| To your enquiry whether term of the
| Circuit Court of the United States for the
district of Virginia, will be held by my.
self or one of the associate justices of the
Supreme Court during the autumn OIL
early winter, respectfully reply in the
negative. Under ordinary circum
stances, the regular time authorized by
Congress would be held on the fourth
| Monday of November. which this veal
will be the 9th. Only week will In
tervene between that day and the com
mencement of the annual term of thu
Supreme Court, when all the judges are
required to be in attendance at Wash
iugtOn That time is too short for the
transaction of any very important busi-
ness. Were this otherwise, l so mucf
doubt the propriety of holding circui
courts Of the United States in states
which have been declared by the Execu
tive and legislative departments of tn,
national government to be in rebellion
and therefore subjected to martial law
before the complete restoration of thei
broken relations with the nation ant
the supersedure of the military by tn,
civil administration, that am unwil
ling to hold such courts in such states
within my circuit, which includes Vir-
GINA, until Congress shall have had al
opportunity to consider and act on tn,
Whole subject A civil court in dis
trict under martial-law can only act by
the sanction and under the supervision
of the military power, and canno
think it becomes the justices of the Su
preme Court to exercise jurisdiction un
der, such conditions. In this view it il
proper to say that Mr.. Justice Wayne
whose whole circuit is in the rebe
states, coucurs with me. Ihave not had
an opportunity Of consulting with thu
other Justices. But the Supreme Courl
has hitherto declined to consider case
brought before it by appeal or writ Of
error from circuit or district courts II
the rebel portion of the country. N,
very trustworthy inference, it is true
can be drawn from this action, for cir
cumstances have changed since tn
court adjourned, but, so far as it goes, |
favors the conclusion of myself and Mr.
Justice Wayne. With great respect
yours, very truly,
s. P. CHASE.