Year: 1869

distractions 10 District Attorney Courtney
No Persons In This Dlstrict Affected by the
Proclnmation-Only One In the S0uthorn
District.


District Attorney Courtney this morning received
from Attorney General Evarts the following circular
instructing him rs to what course he should pursue
with regard to the late Amnesty Proclamation ana
any prisoners in the district who might be afected
thereby


ATTORNEY GENERALS OFFICE


WAsHINGr0v, Dec. %, 1883.


SIR enclose for your consideration copy OF the
q nnder ss y o @
cember instant You will observe that by the
terms Of this proclamation there is extended.
every person who directly indirectly participated
in the late insurrcction or rebellion full pardon
or amnesty for the OFFENCE OF treason against the
United States, or sdhering TO their enemies during
the civil war;


The object Of my present communication Is TO
authorize and instruct you, In furtherance OF the
purpose and effect OF this general amnesty and par
don, TO make an examination OF the indictments
sous wnomsoever 'for the onence Of treason
against the United States, adhering to their
enemies enc. during the late civil var In order
opportunity you may enter noise Dr0seQui for the
government upon such indictments. II upon such
the tenor Of the Indictment the nature Of the case
as known TO you, II should be doubtful whether II
pardon, you win be good as TO report the same
without delay TO me. with such statement OF the
indictment and Of the case as may enable me to
give you further instructions concerning the same


Very respectfully your obedient servant,


WIN. NJ EvARTs, Attorney General.


To 8. q. COURTNEY, United States District Attorney
New York city.


District Attorney Courtney states that there Ia
prisoner In his district who viii be affected by this
proclamation, as oil cases which would have come
within Its scope settled after tho issuing OF the
previous amnesty.


In the Southern district tKinps county there Is
only one person probably affected by the procana-
ton, namely, John G. Braine the reDel captor OF tue
steamboat Chesapeake, who was arrested on an In.
dictment found against him by the Grand Jury OF
the United States Court in the fall OF 1857 charging
him with s'murder and piracy on the high seas.n
He has been frequently arragned before the United
states Court OF the Eastern district since
hD arrest bui the trial has gone over
sel for the prisoner on the plea Of
desiring time to produce witnesses aud eviden &C to
show that Braine was commissioned ofIicer and
that he was 20 recognized by the Confederate States
Naval Department and WAS not therefore, liable for
trial on snch an indictment as that on which he n
trial were also lacking and the prisoner hoped that
s.his friendsr at the South would take compassion
upon him in hts present unfortunate position and
furnish the money requisite for defraying the
sary expenses Of his case The looked for assistance
never arrived, however In the June term OF the
again n srraisned. letter was ' read ' by the the
counsel for Braine from Mr.. Mallory, late
secretary OF the Confederate states Navy,
any definite commission in that service AZ an ofcer
though ne was informally recognized M II were, by
that govcrnment lie has been an inmate Of the
Kings county Penitentiay since his arrest, and is
confinement has told sadly upon his health. Yescr
day afternoon the brother Of the prisoner called
whether John q. Braine did not come under the
provisions OF the recent Amnesty Proclamation o
President Johnson. He was Informed BY Mr.. ParriI
trct Attorney's once In this case, and that the
proclamation In question could not apply 10 the cass
OF raine who was not regularly attached to the ser
| vice Of the rebel government, and that his tris
would take place during the next term Of the Untec
| states Court.