Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1861-09-17
EgFEDERAL CoURr.-Thc Court was


ESy-FEDERAL CoURr.-The Court was
opened with tue usual form at o'clock.
Judge jackson announced his readiness
to hear anything further in reference to
the question whether Thos. Hughes should
be admitted to bail.
Major Good said he had given the sub
iect considerable attention since Saturday
evening, and had brought his mind to the
conclusive conviction that the Court had
the clear right to admit the prisoner 10
bail. 1t had been done by the Kings
Bench in cases of treason. He read from
various authorities in support of this pro-
position. He referred to the cases re-
Gently disposed of in New York and Balti-
more, where parties similarly charged were
invariably let to bail. The action in the
case of Merrimau, among others, was allu-
ded to. The parties so admitted to bail
were indicted by grand jury, as in the case
under consideration.
The Grand Jury was then called.
Mr.. Caldwell arose to address the Court
upon the subject of bail, when His Honor,
Judge Jackson, remarked that lie had a
pretty decided opinion upon the case.
Mr.. Caldwell then said that he would
not trouble the Court to any great extent.
The right for which he asked had been
invariably granted tr the Court of Kings
Bench to British subjects. Would Lis
honor say that in this free government Of
ours the courts ought not to go even
further upon the question of bail, and the
liberty of the citizen2 He cited some
authorities not previously read.
The district attorney said that Judge
Marshall at the time of Burr was just as
familiar with the authorities cited as the
gentlemen who read them here, and yet
that great lamiuary declared when the
question was mooted, that he doubted the
power of the Court to admit to pail after
Indictment. If the opinion of the Court
be in favor of the right to bail, however,
all he wanted was sufficient bail
The Court said the question was not free
from embarrassment, 1t had embarrassed
Chief Justice Marshal. 1t was principle
of law as old as the law itself, that all
doubts should be in favor of the prisoner.
This Court did not derive any power from
che common law of England-only from
the Congress of the United States. BE
thought that cases sent on by magistrate
or commissioner of the Court, were much
stronger than simple indictments before
Grand Jury, for they reason that the
Grand Jury only hears the accusing side,
and the accused has not the privilege of
employing counsel. Therefore, bail should
not be withheld, even after Indictment
After the trial has commenced the Court
should not bail the prisoner. If a Commits
siOner has the power to bail upon arrest,
as the authorities say he has, being sim
ply the creature of the Court, certainly
the Court has the power upon Indictment,
the former case being the stronger. He
was inclined to believe that the case under
consideration was one for the exercise of
the legal discretion of the Court. In
reference to the nature and circumstances
of the sase, the Co5sss.a!d there were diff
ferent grades of tits cfeuee of treason.
He doubted whether the Court would ad-
init Henry A. WISE to bail under any cir
eumstauces. Mr.. Hughes case is differ
eni, and the Court, availiug itself of the
power granted by the statute, of "cOnsid-
cring the nature of the offence and the
circumstances attending its commission, ?
is of the opinion that it has the right to
admit the prisoner to bail.
The Court thought 1t a little remarka-
ble that the trial of the cause was not
pressed. 1t would have placed the Onus
upon the Government and relieved the
Court of some of its embarrassment The
rebellion in this country is an uuPreee-
denied thing. Many men engaged in it
while they are technically guilty, have nc
appreciation of the crime. If this Court
ever tries party for treason and the party
is convicted the fact of Virginia throwing
oa her allegiance to the Government viii