Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1866-10-27
TELEGRAPHIC.
JACKSON, Oct. l3.

LOUISVILLE, Oct, l3.-The Louis
Vile Theatre took fire a few minutes
after the departure OF the audience
last night, and was entirely de-
stroycd, The Jewish Synagogue
and other adjoining buildings, dam
aged.
JACKSON, Oct. IA.
WASHINGTON, Oct. 13,-The Pres
ident has addressed the following
letter to the Attorney General IN re.
gard to the trial of Jefferson Davis;
EXECUTIVE MANSION,
Oct. 6, 1866.
Sir-A special term of the Circuit
Court of the United States was ap-
pointed for the first Tuesday of Oc-
tobcr, 1866, at Richmond, Va, for
the trial of Jefferson Davis on the
charge of treason. 1t now appears
that there will be no session Of that
Court in Richmond during the pres
ent month, and doubts are express
cd whether the regular term,
which by law should commence on
the fourth Monday of November
next, will be held. In view Of this
obstruction and consequent delay,
and there being, so far as the Presi-
dent is informed, no good reason
why the Civil Courts of the United
States are not competent to exercise
jurisdiction within the District or
Circuit in which the State of Vir-
ginia is included, / deem it proper
to request your opinion as to what
further steps, if any, should be TAX
en- by the Executive, with view to
q speedy public and impartial trial
of the accused according to the Con
stitution and laws Of the United
States.
| am, sir, very respectfully,
(Signed) ANDREW JOHNSON.
To the Hon. II. STANBURY, Attor-
ney General
In response to the above, the At
torney General on the 18th inst,
states:
IL am clearly Of the Q ion that
there is nothing in the present con-
dition of Virginia to prevent the full
exerise of the juri ,diction of the
Civil Courts. in the actual state of
things, your proclamation of peace
and of the restoration OF civil order,
guarantees to the civil authorities,
Federal and State, immunity against
military control or interference 1t
seems to me that in this particular
there is no necessity for further ac-
tion on the part of the Executive
in the way of proclamation, and es-
pecially as Congress, at the late ses-
sion, required the Circuit Court of
the United States to be held at Rich
mond on the first Monday of May,
and the fourth Monday of Novem.
Der in each year, and authorized a
special adjourned term of that Court
to be ordered by the Chief Justice
of the Supreme Court at such time
and on such notice as he might pre-
scribe, with ihe same power and ju-
risdiction as the regular term. This
is an explicit recognition by Con-
gress that the state ofthings in Vir-
ginia admits the holding of the
United States Court in the State"
He also states that "Mr. Davis re-
mains in custody at Fortress Mon
roe precisely as he was in January
last, when in answer to a resolution
of Congress, you reported commun-
ications from the Secretary Of War
and the Attorney General, showing
that he was held to await trial in
the Civil Court. und no action was
then taken by Congress in reference
to the place of custody. The Dis
trict Court of the United States for
the District of Virginia, where Mr..
Davis stood indicted for treason, has
been notified that the prisoner would
be surrendered to the U. S. Marshal
upon u capiaS under the indictment
cut the District Attorney declines to
have the capias issued, because there
is no other place within the District
where the prisoner could be kept, or
where his personal comfort and
health could be so well llprovided for.
No application has been made,
within my knowledge, by the coun-
sci for Mr.. Davis for a transfer of
the prisoner to civil custody. Re-
Gently an application was made by
his counsel for his transfer from For
tress Monroe to Fort Lafayette, on
the ground chiefly of sanitary con-
A reference was prompt
ly made to a board of surgeons,
whose report was decidedly adverse
to a change on the score of health
and personal comfort.
i am unable to see what further
action can be taken on the subject
by the Executive to bring the pris-
oner TO trial. Mr.. Davis must, for
the present, remain where he is un-
til the Court which has jurisdiction
to try him will be ready to act, or
until his custody is demanded under
the lawful power of the Federal
Courts"
The Attorney General suggests
that TO avert misunderstanding on
the subject, an order be issued to
the eommandant at Fortress Monroe
to surrender the prisoner TO the civ
il custody whenever demanded by
the United States Marshal upon
process from the Federal Courts.
Mr.. Stanbury encloses a letter
from the u. S. District Attorney for
who states, in answer to a
question why no demand had been
made upon the military authorities
for the surrender Of Jefferson Da-
Wis, in order that he might be tried
upon the indictment found against
him in the q. S. Circuit Court, at
the term held at Norfolk in May last,
hat two reasons had influenced him
-. C-...-. a.