The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-10-14
EXECUTIVE MANSION


VI we ohi,ed o5;ttcS was appointed for the
first Tuesday OF October, 1866 at Rich
mond, Virginia, for the trial of Jefferson
Davis, on the Charge of treason. 1t now
appears .hat there will he no session of
that Court at Richmond during the pre-
sent month, and doubts are expressed
whether the regular session, which. bv
law, should commence on the fourth Mon
day Of November next, will be held. II,
view OF this obstruction, and the conse-
qucnt delay III proceeding with the trial OF
Jefferson Davis, under the prosecution for
treason nov pending i'll that Court, and.
there being, so far as the President is in
formed, no good reason why the civil
courts OF the United States are not compe-
tent to exercise adequate jurisdiction with
III the district or circuit in which the State
OF Virginia is included l deem it proper
to request Your opinion as to what further
steps. II any, should be taken by the Ex-
rcntlNe, with view to speedy public and
impartial trial Of the accused, according
to the Constitution and laws Of the United
states | am sir. very respectfully, YOURS,
ANDREW JOHNSON.
10 Hon. Henry Stansburv, Attorney
General
In response to the above, the Attorney
General, under date OF the 18th instant.
states:
| am clearly of opinion that there is no.
thing IN the present condition of Virginia
to prevent the full exercise Of the iurisdic-
state
OF things and Your several proclama tons
OF peace and Of the restoration of civil
order, guarantee to the civil uthoritics
Federal and State, immunity against mill
tary control or interference, it seems to me
that IN this particular there is no necessity
lor further action on the part of the Exc
cutlVe III the way OF proc!amation cspe-
c!ally as Congress, at the late SESSION, re-
Qulred the Circuit Court of the United
States to be held a Richmond. on the first
Monday Of May and the fourth Monday of
november Ill each year, and authorized
speclal or adjourned terms OF that Court
TO be ordered by the Chief Ju stice of the
Supreme Court, at such time ard on such
notice as ne might prescribe, with The same
power and jurisdiction as atregular terms.
rms IS an explicit recognition by Congress
that the state OF things in Virginia admits
tne holding OF the United States Courts in
that state He also states that AIr Davis
romans IN custody at Fortress Monroe
precisely as he was held in January last.
when, IN answer 10 q resolution OF Con-
Sress, You reported Il communication from
the Secretary of War and the Attorney
General, showing that he was held to await
trial III the civil courts. No action was
then taken by Congress in reference to the
place OF custody. No demand has since
been made Tor his transfer into civil cus-
.ody The District Attorney of the United
states for the District of Virginia. where
;hr- DAVIS stands indicted for treason, las
been notified that the prisoner would be
surrendered to the United States Marshal
upon a caplnS, under the Indictment: but
the District Attorney declines to have The
rnp1a* issued, because there is no other
place within the District where the pri-
sohcr could be kept, or where his personal
comfort and health could be so well pro-
Vidcd for. No application has been made,
WITHIN my knowledge, I'y the coun:;cl for
Mr: DAVIS for a transfer of the prisoner 10
evil custody Recently, an application
was made by his counsel for his transfer
rom foftrcss Monroe to Fort Lafayette,
on the ground chiefly of sanitary consider
alton. reference was promptly made 70
Eoard OF Surgeons, whose report vas de-
cldediy adverse to the change. on the score
OF health and personal comfort. am nm
able to see what further action can be taken
on the part OF the Executive to bring the
prisoner to trial. Mr.. Davis must. for the
present, remain where he il, unit! the
Court which mas jurisdiction to try him
shall be ready to act. or Until his custody
Is demanded under lawful process of the
leder&l Courts. The Attorney General
suggests, that to avoid any misunderstand-
ing on the subject an order be issued to
The commandant Of Fortress Monroe, to
surrender the prisoner TO civil custody,
whcnevtr demanded by the United States
Marshal, upon process from the Federal
Courts.
NJ S.anSDufy cnclCScs q letter Of the
united States District Attorney for Vir-
GINA, who states. in answer to the ones
uon why no demand had been made upon
the military authorities for the surrender
OF Jefferson Davis, in order that he might
DC tired upon the Indictment found against
nm IN the United States Circuit Court, at
me term held III Norfolk in May last, that
two reasons had influenced him in not re-
moving him from their custody. He saws
the one relates to the safe keeping; the
other to his own personal comfort and
health. have never had any doubt but