therefore, in conclusion, they recommend the adoption of the following resolutions:

Resolved, That there is no defect or insufficiency in the present state of the law to prevent or interfere with the trial of Jefferson Davis for the crime of treason, or any other crime for which there may be probable ground for arraigning him before the tribunals of the country.

Resolved, further, That it is the duty of the Executive Department of the Government to proceed with the investigation of the facts connected with the assassination of the late President Abraham Lincoln without unnecessary delay, that Jefferson Davis and others named in the proclamation of President Johnson, of May 2, 1865, may be put upon trial and properly punished if guilty, or relieved from the charges if found to be innocent.

No action having taken place, the following correspondence ensued:

EXECUTIVE MANSION, WASHINGTON, D. C., Oct. 6, 1866. SIR: A special term of the Circuit Court of the United States was appointed for the first Tuesday of October, 1860, at Richmond, Va., for the trial of Jefferson Davis on the charge of treason. It now appears that there will be no session of that court at Richmond during the present month, and doubts are expressed 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 the consequent delay in proceeding with the trial of Jefferson Davis under the prosecution for treason, now pending in that court, and there being, so far as the President is informed, no good reason why the civil courts of the United States are not competent to exercise adequate jurisdiction within the district or circuit in which the State of Virginia is included, I deem it proper to request your opinion as to what further steps, if any, should be taken by the Executive with a view to a speedy, public, and impartial trial of the accused, according to the Constitution and laws of the United States.

I am, sir, very respectfully, yours, ANDREW JOHNSON. To the Hon. HENRY STANBERY, Attorney-General. Reply of the Attorney-General. ATTORNEY-GENERAL'S OFFICE, October 12, 1866. THE PRESIDENT-SIR: I have the honor to state my opinion on the question propounded in your letter of the 6th, as to what further may be proper or expedient to be done by the Executive in reference to the custody of Mr. Davis, and the prosecution for treason now pending against him in the Circuit Court of the United States for Virginia.

I am clearly of opinion that there is nothing in the present condition of Virginia to prevent the full exercise of the jurisdiction of the civil courts. The actual state of things, and your several proclamations of peace and of the restoration of civil order, guarantee to the civil authorities, Federal and State, immunity against military control or interference. It seems to me that in this particular there is no necessity for further action on the part of the Executive in the way of proclamation, especially as Congress, at the late session, required the Circuit Court of the United States to be held at Richmond on the first Monday of May and the fourth Monday of November in each year, and authorized special or adjourned terms of that court to be ordered by the Chief Justice of the Supreme Court, at such time and place, and on such notice, as he might prescribe, with the same power and jurisdiction as at regular terms.

This is an explicit recognition by Congress that the state of things in Virginia admits the holding of the United States courts in that State.

The obstructions you refer to, it seems to me, cannot be removed by any Executive order, so far as I am advised. It arises as follows:

Congress, on May 22, 1866, passed an act provid

ing that the Circuit Court of the United States for the State of Virginia should be held at Richmond on the first Monday of May and on the fourth Monday of November in each year; and further providing that all suits, and other proceedings which stand continued to any other time and place, should be deemed continued to the time and place prescribed by the act. The special or adjourned session which was ordered by the court to be holden at Richmond in the present month of October was considered as abrogated by force of this act.

This left the regular term to be holden on the fourth Monday of November, and if there had been no further legislation by Congress no doubt could exist as to the competency of the chief justice and the district judge of that court then to try. Mr. Davis. But on the 23d of July, 1866, Congress passed an act to fix the number of judges of the Supreme Court of the United States, and to change certain judicial circuits. Among other changes in the circuits made by this aet is a change of the fourth circuit, to which the chief justice has been allotted. As this circuit stood prior to this act, when allotted to the chief justice, it embraced Delaware, Maryland, Virginia, North Carolina, and West Virginia. It was changed by this act by excluding Delaware and adding South Carolina.

It is understood that doubts exist whether the

change in the State composing the circuit will not require a new allotment. Whether these doubts are well founded or not, it is certain that the Executive cannot interfere, for although, under peculiar circumstances, the Executive has power to make an allotment of the judges of the Supreme Court, yet these circumstances do not exist in this case. A new allotment, if necessary, can only be made by the judges of the Supreme Court, or by Congressperhaps only by Congress.

Mr. Davis remained in custody at Fortress Monroe, precisely as he was held in January last, when, in answer to a resolution of Congress, you reported communications from the Secretary of War and the Attorney-General, showing that he was held to await trial in the civil courts. No action was then taken by Congress in reference to the place of custody. No demand has since been made for his transfer into civil custody. The District Attorney of the United States for the district of Virginia, where Mr. Davis stands indicted for treason, has been notified that the prisoner would be surrendered to the United States marshal upon a certain capias under the indictment, but 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 provided for. No application has been made within my knowledge by the counsel for Mr. Davis for a transfer of the prisoner to civil custody. Recently an application was made by his counsel for his transfer from Fortress Monroes to Fort Lafayette, on the ground chiefly of sanitary consideration. A reference was promptly made to a board of surgeons, whose report was decidely averse to change, on the score of health and personal comfort.

I am unable 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 is, until the court which has jurisdiction to try him shall be ready to act, or until his custody is demanded under lawful process of the Federal courts.

I would suggest that, to avoid any misunderstanding on the subject, an order be issued to the commandant of Fortress Monroe to surrender the prisoner to civil custody, whenever demanded by the United States marshal, upon process from the Federal courts. I send herewith a copy of a letter from the United States District Attorney for Virginia, to which I beg to call your attention.

I have the honor to be, etc.,

HENRY STANBERY, Attorney-General.

SIR: In compliance with your request, I submit herewith the substance of the verbal statement I made you a few days since in answer to your question, "Why no demand has been made upon the military authorities for the surrender of Jefferson Davis, in order that he might be tried upon the indictment found against him in the United States Circuit Court at the term held at Norfolk in May last." Two reasons have influenced me in not taking any steps for removing him from their custody. The one relates to the safe-keeping, the other to his own personal comfort and health. I have never had any doubt but that he would be delivered to the United States marshal of the district, whenever he should have demanded him on a capias or other civil process.

But you can readily understand that so soon as he goes into the hands of that officer, upon any action had by me, his place of confinement would be one of the State jails of Virginia.

At Fortress Monroe all necessary precautions can be and are taken to prevent his escape. Over the internal police of a State jail the marshal has no authority, and the safe custody of the prisoner could not be secured save at a very great expense.

Mr. Davis is now in as comfortable quarters as the most of those occupied by the army officers at the fort. The location is a healthy one. His family have free access to him. He has full oportunity for exercise in the air. open

If his health be feeble, remove him to one of the State jails, and his condition, instead of becoming better, would in all these respects be much for the

I have the honor to be, most respectfully, your obedient servant, L. H. CHANDLER,

U. S. District Attorney for Virginia. MINNESOTA. The financial condition of this State is very favorable. Its funded debt exclusive of unrecognized railroad bonds consists of $350,000, of which only $190,000 is not held by the State. Its claim against the United States exceeds $100,000, and the increase of the sinking fund will speedily cancel the entire debt. The taxable value of real and personal property returned for 1865-'6 was $45,127,318; for 1866-27, it is estimated at $57,500,000. The revenue for the ensuing year on this basis from taxes will be $322,546. The balance in the treasury at the close of the year was $68,189.

The cash receipts of the school fund during the past year were $109,935-and the total permanent fund amounts to $1,333,161. The number of school districts in the State is 1,993; the number of pupils in attendance 52,753, and the number of persons between five and twentyone years of age 102,118. The number of school-houses is 1,297, and the average daily attendance 33,319. The State University has not been put in operation. The expenditures for the State Prison expenses and buildings during the year were $21,272. The logs sealed in 1866 amounted to 157,273,944 feet, valued at $2,359,124. Over two hundred acres of land have been donated to the State, for a site of an

insane hospital. Temporary buildings have been provided, and the number of patients is thirty, which it is estimated will be increased to a hundred during the ensuing year. The Deaf and Dumb Institution contains twentyeight pupils. The number of miles of railroads miles were completed during the year. The in the State in operation is 315, of which 109 population of the State on June 1st, 1866, is estimated at 310,000, and the immigration of the year at 38,000.

The Governor, Marshall, in his message to the Legislature at its session in January, 1867, urged the adoption of the amendment proposed by Congress to the Federal Constitution. He said:

It secures to all citizens of the United States equal civil rights-it apportions representation in Congress and the electoral college equally among the States, according to the number of persons enjoying political rights-it forbids the holding of civil or military office under the United States, or any State, by any one who, having taken an oath to support the Coustitution of the United States, joined in the rebellion to overthrow that constitution-it renders binding and sacred the national debt created to preserve the Government, and forbids the assumption and payment of any debt incurred in the effort to destroy the Government.

These reasonable, just, and necessary conditions are offered by Congress, representing the loyal people and States that saved the Government from overthrow, as the terms upon which the people and States lately in rebellion may again enjoy equal and full participation in the Government.

The voice of the people in the late elections has fully approved the action of Congress, and irrevocably decreed the adoption of this amendment, as a condition precedent to the restoration of the rebel States to their former and normal relations to the Union. It is now for those States to choose whether upon these liberal terms they will again enjoy the rights of the Union, which they voluntarily relinquished and criminally destroyed, or perpetuate their present anomalous and disorderly attitude of separation from the Federal Government. Nor will the nation long permit the contumacy of the disloyal elements now governing the Southern States to retain them in this condition of anarchy, or prevent them from resuming their constitutional functions in the Union. In the event of their refusal to accept the amendment, it may become the duty of Congress to reorganize their civil governments on the basis of equal political rights to all men, without distinction of color, and thus to devolve upon the now disfranchised loyal people of the South the work of national reintegration.

It would not be strange if, when we see the end, we should recognize the hand of Providence in the hardening of men's hearts, who still-in a political sense-refuse to let the children of oppression go free.

The State election, which took place on November 6th, was for the choice of an auditor and a clerk of the Supreme Court. The convention of the Republican party for the nomination of candidates was held at St. Paul, on September 19th. Sherwood Hough was nominated for clerk of the Supreme Court, and Charles MeIlrath for auditor. The resolutions on political questions adopted, were as follows:

Resolved, That the Union party of Minnesota, having sustained the General Government during four years

of successful war against the united efforts of rebels South and rebel sympathizers North, will maintain its integrity, and present in the future as in the past a solid front in resisting the efforts to surrender the Government to those who sought to destroy it. Resolved, That we join in the demand that loyal men of all the States that defended and preserved the National Government shall dictate the terms on which traitors and rebellious States shall again participate in the General Government.

Resolved, That the convention hereby endorse the amendment of the Constitution proposed by Congress as a magnanimous offer of terms on which the rebellious States may be admitted to representation in Congress.

Resolved, That the nation owes an everlasting debt of gratitude to the noble men of the Union armythat the late action of Congress giving additional vouchers, has only partially discharged the Government duty to its heroic defenders, and we urge that further and more full justice be done them.

The Democratic Convention for the nomination of candidates for the same offices assembled at St. Paul on September 27th. Sergeant N. E. Nelson was nominated for auditor, and Lieutenant Denis Cavanaugh for clerk of the Supreme Court. For resolutions the following were adopted:

Whereas, The paramount issue before the people is the preservation of the Union by a return to peace in fact as well as in name, therefore,

Resolved, That the convention adopt and reaffirm the declaration of principles made by the National Union Convention, held at Philadelphia, on the 14th of April, 1866, in the following terms.

For the resolutions of the Philadelphia Convention see UNITED STATES.

At the election the number of votes cast for members of Congress was 41,758; of which the Republican majority was 10,208. Hough was elected clerk of the Supreme Court, and McIlrath auditor. Both the Congressmen elected were Republicans.

At the session of the Legislature, which assembled in January, 1866, the following resolutions were reported from the committee on Federal relations:

Resolved, by the House of Representatives of the the State of Minnesota [the Senate concurring], That we devoutly recognize the Providence of Almighty God in the triumph of the Federal Government over the great slaveholders' rebellion-that, in this struggle for national life, the heroic achievements of our army and navy challenge our highest admiration, and will ever be held in grateful remembrance.

Resolved, That the suppression of armed rebellion against the National Government has demonstrated the inherent strength of the Republic, the patriotism, the love of liberty, the virtue, and endurance of our people.

Resolved, That, while traitors in arms have been vanquished, the spirit of rebellion, of hatred to the Republic, still exists, and still seeks the opportunity of striking down the flag, which is the emblem of the glorious principles of the Declaration of our Independence.

Resolved, That the safety and permanence of our free institutions demand from the people and their representatives, no less enthusiasm, constancy, and patriotism at the present time than while civil war was threatening our political existence. Resolved, That no false hopes should be cherished, no abstract theories indulged, no advantages lost, in this golden period of opportunities; but while gener

osity, magnanimity, and conciliation should be our mottoes, wisdom, prudence, and experience should be our guides.

Resolved, That the logical consequence of secession was the abolition of slavery; that the events of the war made this a necessity; that returning peace has its problems, upon the correct solution of which depends the future integrity, the quiet, the harmony, and the safety of the nation.

Resolved, That in adjusting questions growing out of the rebellion, Congress should not allow itself to be hindered or thwarted by those most interested in making vain the hopes springing from its suppression.

Resolved, That no pecuniary obligations contracted for, or in aid of the rebellion, should ever, upon any pretext, be submitted to the action of Congress.

Resolved, That steps should be taken to secure and establish the strongest guaranties of freedom and civil rights to all, irrespective of color, and that, whenever the elective franchise shall be denied or abridged in any State on account of race or color, all persons of such race or color shall be excluded from the basis of national representation.

Resolved, That we rely upon the firmness and wisdom of Congress in the present exigency of public affairs; that it is to Congress the people of Minnesota look for the true reconstruction policy; that the people of Minnesota will approve all measures looking to the sure establishment of justice in all the rebel States, and will indorse and sustain such of their Representatives as stand shoulder to shoulder until the fruits of victory are secured, and the appropriate results of our sacrifices achieved.

The resolutions were passed in the House; yeas 28, nays 12. In the Senate the following was offered by Mr. Murray as a substitute:

Resolved, by the Senate, the House of Representatives concurring, That there is no warrant or authority in the Constitution of the United States for any State or States to secede, and that the resolves to that end, or for that purpose, are absolutely null and void, and that the war having defeated the attempt to thus divide and break up the Union, it is of vital importance to the Republic and to all the States thereof, that the States recently in revolt, and each and every one of them, should resume their appropriate and constitutional position and functions in the Union without delay; and to this end it is the sense of the Legislature of the State of Minnesota, that our Senators and Representatives in Congress should, waiving all minor differences, and seeking only to maintain and preserve the Union of our stitutional efforts and policy to restore to their places fathers, support the President in every and all Conin the Union the States lately in rebellion.

The substitute was laid on the table; yeas 13, nays 7, and the resolutions passed.

This session of the Legislature was regarded as one of the most important for the State. A revision of the general statutes was made; the last revision having been made in 1851, six years prior to the adoption of the constitution. Acts were passed compelling the railroad companies to carry freight and passengers on equal and liberal terms, and also very favorable to the companies in other respects. Initiatory steps were taken for the payment of $2,275,000 of bonds issued by the State to aid the railroad companies. The geological survey was ordered to be continued in the mineral regions of the State; two additional normal schools were established, and a hospital for the insane.

The present surplus wheat product of the State is estimated at eight millions of bushels, but the insufficient transportation has resulted in high freights.

MINTURN, ROBERT BOWNE, an American merchant and philanthropist, born in New York City, November 16, 1805; died there January 9, 1866. He descended from a family of merchants remarkable for energy and business talent, received a good English education, but, losing his father at the age of fourteen, was compelled to leave school, and enter a countinghouse. Though faithful to the interests of his employers, he improved his leisure moments in study, and his evenings in attendance upon regular courses of instruction, and the habit thus formed of reading and application, followed him through life. His acquaintance with general literature was extensive, and his knowledge upon prominent questions of the day remarkable. In 1825 he was admitted to a share in the mercantile business of Mr. Charles Green, whose clerk he had previously been, who soon after visited Europe, leaving young Minturn, though but twenty-one years of age, the sole manager of the establishment. During this period occurred a financial crisis which brought him into a position of great responsibility, taxing his powers to the utmost. His faithfulness and good judgment were successful in preserving the interests of the firm, and he continued there until 1830, when he became a partner in the house of Fish and Grinnell, since known the world over by the name of "Grinnell, Minturn and Company." His devotion to business was unflagging. While a clerk in the counting-house, he had invested little sums in commercial ventures with such success as enabled him to become the owner of a small vessel. The same thrift and industry attended him during manhood, and helped to give the mercantile house to which he belonged for thirty-five years its stability and world-wide reputation. As his means increased, his large and generous heart prompted him to devote an increasing share for the good of others. He declined all political honors, and but once only, through the whole period of his life, was prevailed upon to accept an office. He was one of the first Commissioners of Emigration, consenting from a desire of protecting emigrants from robbery, and to provide homes for emigrant orphans. He was an active manager of many of the charitable institutions of the city of New York, and one of the originators of "The Association for Improving the Condition of the Poor." He was also among the founders of St. Luke's Hospital. His ceaseless activity and unwearied devotion to business and the benevolent operations of the day wore upon his strength, and in 1848 he was obliged to visit Europe for the benefit of his health. Upon his return he entered again upon his works of love and mercy, and with new zeal. When the war broke out, all the patriotism of his nature was aroused, and he aided to the utmost in upholding

the Government, even considering at one time seriously the question of entering the army, old and feeble as he was. Again his state of health compelled him to go to Europe, but while there all his energies were exerted in behalf of his country. Upon his return he was induced to accept the Presidency of the Union League Club, which he held until his death. After the emancipation policy was accepted by the nation, the condition of the freedmen drew forth his sympathies, and his last work was in their behalf. Mr. Minturn was a man of deep personal piety, unbending integrity, sound judgment, and thoroughly devoted to works of love and mercy.

MISSISSIPPI. The report of the financial officers of the State of Mississippi for the year ending October 15th, states that the receipts into the treasury were $569,048, and the disbursements $507,086; balance $61,922. The amount of uncurrent funds in the treasury, being paper obligations which had grown out of the transactions of the war, such as Confederate treasury notes, etc., was $795,930. The revenue bill passed by the Legislature in the previous year furnished sufficient means to meet the wants of the State. It was feared that much of the tax of one dollar per bale of the cotton crop of 1866 would be lost; because many, who, allured by the high price of cotton, embarked in its cultivation, would, it was believed, become disappointed and disgusted under the failure of the crop, and selling their cotton would leave the State before the time for the collection of the tax.

An extra session of the Legislature was called by Governor Humphrey to assemble on October 15th. He states that he convened that body being "constrained by the necessities of the State." No special emergency existed, but a general exigency, resulting from the altered and deranged conditions of their Federal relations and domestic affairs, demanded further consideration. The regular sessions of the Legisla tute are biennial. The governor says: "The removal of the negro troops from the limits of the State, and the transfer of the Freedmen's Bureau to the administration and control of the officers of the regular army, had resulted in relieving the white race from the insults, irritations and spoliations to which they were so often subjected, and the black race from that demoralization which rendered them averse to habits of honest industry and which was fast sinking them in habits of idleness, pauperism, and crime. Both races are now settling down in business life, and cultivating those sentiments of mutual friendship and confidence so essential to the prosperity and happiness of both." Of the amendment to the Federal Constitution proposed by Congress, and known as Article XIV., he says to the Legislature: "This amendment, adopted by a Congress of less than three-fourths of the States of the Union, in palpable violation of the rights of more than one-fourth of the States, is such an insulting outrage and denial

of the equal rights of so many of our worthiest citizens who have shed glory and lustre upon our section and our race, both in the forum and in the field, such a gross usurpation of the rights of the State, and such a centralization of power in the Federal Government, that I presume a mere reading of it will cause its rejection by you." The “Civil Rights" bill, passed at the same session of Congress, came in conflict with many of the State laws passed in pursuance to the amendment of the State constitution emancipating the slaves in the State, and requiring the Legislature "to guard them and the State from the evils that may arise from their sudden emancipation." Commissioners were therefore sent by the Governor to lay these laws before the President, with a request that he would indicate which of them the military authorities in the State would be allow ed to nullify. The President in reply gave them full assurance that none of them should be nullified except by the civil courts of the land. No violent collisions occurred between the State and Federal authorities, neither did the Governor apprehend any. All questions which could not be otherwise adjusted have been submitted to the judicial tribunals. The Governor stated that, as the negro has shown a confiding and friendly disposition toward the white race, and a desire to engage in the pursuits of honest labor, justice and honor demand of us full protection to his person and property, real and personal. Fire-arms are not essential to his. protection, prosperity or happiness; and society should be guarded by requiring him to procure a license to carry them-a privilege he can always secure where his character for good conduct and honesty is known." He further urged the admission of their testimony in all cases brought before the civil and criminal

courts.

No complete returns had been received of the number of destitute disabled Confederate and State soldiers, and their widows and their indigent children, but the number was so large that the Governor recommended an agent to be sent to the Northwestern States to purchase provisions, which should be distributed as soon as complete returns were received, and that, instead of $60,000, twenty per cent. of the entire revenues of the State should be appropriated for their relief. The sum of $9,000 had been sent by ladies of Baltimore for their assistance. Measures have been taken to preserve the public buildings at Jackson from utter ruin, but large sums are required to restore them. The number of convicts received at the Penitentiary was 160, while there were only 100 cells for their accommodation, and an absolute inability to find employment suitable to their confined condition. The property of the salt works of the State cannot be found, and a portion of that of the State distillery has been sold for $531. According to the returns there are about 300 maimed soldiers in the State who require artificial legs.

The second session of the State University since the close of the war, opened on September 24th with one hundred and fifty-seven pupils, which number soon increased to two hundred and one. This equals the prosperity of the university at its most flourishing period before the war. The university was originally established on a grant of thirty-six sections of land made by Congress in 1819, and vested in the Legislature. A part of the land has been sold and the State is indebted to the university. The institution now asks the State to appropriate $30,000 in two annual instalments as ample to meet its present necessities.

From every portion of the State appeals have been made to the government for immediate relief from the burdens which oppress all classes of citizens. The desolation and ruin of their fortunes, the heavy indebtedness, both foreign and domestic, of the people, the scarcity of the necessaries of life, the want of means to procure them, and the uncertainty of their future treatment by the Federal government, sunk the public mind in gloom and despondency. Painful apprehensions existed that the Federal tax on the only production of labor and the suits on the appearance and issue dockets of the courts, would turn thousands from their homes in want and destitution.

The Legislature on December 4, 1865, passed an act requiring an enumeration of the inhabitants of the State to be taken during the ensuing year. Complete returns were obtained during the year from all excepting nine counties. Compared with the returns in 1860, they present the following results (see table on page 522):

The population of the State in 1850 was 606,526; of which 295,718 were whites, and 310,810 blacks.

The extra session of the Legislature convened by the Governor continued about fifteen days, and adjourned to the ensuing year. The acts passed in 1866 were almost entirely of a local nature, relating to the penitentiary, county courts, repairs of public buildings, finances, practice in courts on suits for debt, etc. An act was passed to accept the donation of public lands granted by Congress to States providing colleges for the benefit of agriculture and the mechanic arts. The following resolutions rela