The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1867-11-27
THE TRIAL OF JEFF. DAVIS.
Chief Justice Chase's Testimony Be-
/ fore the Impeat hment COmmitIee.

WaS-eXamIBeds May ~, stated 10 fe-
ply to a question of the Chairman,
t. at he knew Of no reason why the
Government did not bring on the
trial of JEFF. Davis. When the war
was partially-cl blythe capture of
JEFF Davis, and before that time, the
District and Circuit Courts were held
in Virginia blythe District Judge in
the absence Of a Justice of the Su-
preme Court. " The indictment against
Davis was found In a Circuit Court
over which the District Judge pre-
sided. The Circuit Court had been
regularly held blythe same District
Judge ever since, and he knew of no
reason why Davis could not be
brought to trial if it was intended
that he should be tried by a civil
court ON the indictment which was
found at that time The Chief JUS
tice stated that he recalled no con-
versation on that subject since the
time of the indictment. The Cir
cult of which the District of Virginia
i part,was allotted to him shortly after
he went on the bench, in Decem Der,
1864. Since then he had only one or
two conversations with the President
in reference to the holding of that
court: and, although the converse
tons we're not fresh in his recollec-
ton, he could,very easily give the sub
stance of them. On the Presidents
proclamation of April 2, 1866, declar-
ing the instruction at an end in all
the Rebel States except Texas, | de-
sired to join District Judges in hold
ing Circuit Courts, believing that it
was my duty to do so as soon as the
military authority had been with
drawn. But military commissions
were still being issued from time to
time, or trials were being held under
military commissions at different
points within my circuit, which in
Guided Virginia, and | wished to be
assured that the proclamation relieved
the United States Circuit Court from
all liability to interference on the
part of the military. [ intended to
join in holding the courts. if such re-
lief could be assured. j called, there
fore, upon the President, and asked
him to issue a short proclamation
to that effect. l submitted to
him "a formal one. drawn by
myself, stating that military authority
was abrogated and the habeas corpus
restored In all places within the juris-
diction of the United States. He ex-
pressed a great readiness to do every
thing that was necessary to facilitate
my desire to hold the courts; but he
said that his proclamation of april ?
was sufficient for that purpose. l
replied that | also thought so at first,
and should have probably remained
of that opinion, if these military
commissions had not been going on,
and that what I desired was simple
declaration, over his signature, con
STRUNG the proclamation distinctly on
these two points, that the military
rule was abrogated in civil cases. and
jurisdiction restored to the courts OF
the United States, so that the Circuit
Courts could proceed without risk o!
interruption from the military author
ity. He expressed his readiness Il
do everything l wished to be done.
left him, and nothing was done.
presume the President REQUIRED L
his opinion that his proclamation de,
claring that the instruction was Al
an end, was sufficient, and did no
think it worth while to do anymore
That, hO1eyerais mere inference.
presented the form of a proclamatiGr
and requested him to issue a similai
one, but it was not done. That-is all
These conversations occurred IN
the Spring or Summer Of. 1866, shortly
after the act of Congress was pa sseC
reducing the. number and.ehanging al
the Circuit Courts, except the frs
and second. but making no provision
for the allOtments, and II was the
q rzf' il =. rlcroc l,A4
without authority TO make allot
mentsTwe had no jurisdiction to hold
courts ourselves / said to the Unifec
trict of Virginia, that | should hay,
Joined the District Judgein holdin:
the Circuit Court if the order fir
mentioned had been issued. / dit
not see the law changing the Circuit
for some time after it was passed, ant
when | did see it | conferred witt
every one of the Judges about it, ex
cept the Judge then in California
and we all agreed that any judgmen
rendered in any Court, by Judge 0
the Supreme Court, except in tn,
First and Second Districts, which
were not changed, might be liable t,
be reversed on order, and for tina
reason that the Courts should be lef
TO be held by the District Judge
uatil a new allotment should be au
thorized by Congress. 81 C.-s-
The act | refer to is the act Of Jul.
%, 1866, altering seven of the circuits
The President sent for me to tn
White House in August, 1865, an,
asked me my view as to the trial o
Davis. A trial in Virginia was sug
oac+ad and loo tho poccihi1;-A of