Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-06-12
United States Circuit Court at Rich
mond, June 9Th, 1866.
Proceedings in Regard 10 Jefferson
Davis.

propounded 10 the Court yesterday were OF |
some importance, | have written out my re-
ply.
The Major then read the following, his !
manner at first eyincing some natural en-
barrassment incident 10 his first effort before |
such a numerous array Of eminent legal gen
tlemen; but this soon wore off and hls ut
terance became fuller and more distinct as
lac proceeded
May il please your Honor, yesterday Mr..
William b. Reed, one Of the counsel for
Mr.. Jefferson Davis, propounded certain
questions 10 the Court and TO me, which, IN
the absence Of Mr.. Chandler, |, at the time,
declined to answer.
Mr.. Chandler is still absent, being, regret
10 say, entirely prostrated by a recent severe
domestic calamity, and, as promised ! to-
day reply 10 the questions Of the learned
gentleman.
That gentleman correctly says that an IN
dictment has been found in this court against
his client Mr.. Davis, and asks, as it 10 be
tried, Is it to be dropped, or is it to be sus-
pended
So far ~ | am instructed, ] believe II ~ to
DE tried, but it will not be possible to do so
at present for a variety Of reasons, some oi
which proceed to give:
In the first place Mr.. Davis, although IN
dicted in this court for high treason, Is not
now, and never has been, in the custody oi
this court, but IL held by the United States
Government a a state prisoner, at tortress
Monroe, under an order Of the President
signed by the Secretary of War.
Ia the second place, even if Mr.. Davis
were in the custody of the court, IL would
not be possible for the Attorney General, in
view Of his numerous and pressing engage
menis, near the close Of the session, to come
here now and try this case, which az case
of great national importance, he would be
expected % do.
la the third place, if Mr.. Davis is in the
delicate state of health suggested by Mr..
Reed, it would be nothing less than cruel at
this hot and unhealthy season, TO expose him
10 the unavoidable iatigucs of protracted
trial, which appears to be an inevitable re-
suit Of the array Of counsel present and
prospective, engaged for his defense.
Neither this court nor any OF ats officers
has any present control over the person of
Mr.. Davis, and until they have, it becomes
impossible fur the District Attorney 10 say
when he will be tried but this | assure the
gentlemen who represent him here, that the
hour Mr.. Davis comes into the custody OF
this court, they shall have full and prompt
notice when il is intended to try him, and
40 Gar rs the District Attorney and his asso-
ciates are concerned, they must be assured
their ellen. will have justand speedy trial,
without further barrier, lot or hlndrance.'
This ! say for the special department OF
the court which represent; but what the
intentions of the Government are with re-
card 10 the disposition of Mr. Davis | am
no further instructed than have said.
now move. may il please your Honor,
that this court, as soon as the business before
it is disposed OF, adjourn until the first tues
dav in October next by that time trust
the heat of the summer will have passed
away, the weather will be cool and pleasant,
and should we have the pleasure OF seeing
these gentlemen here again, they wlli DC
more fitted for the arduous labors which
their profession constantly imposes on them
In the meantime, the disqualification pro
cess referred to by the learned gentleman
Yesterday will be going on, and hls Glen
will be eniuying the cool breezes OF the sc;
at Fortress Monroe instead of inhallng th'
heated sud ietid atmosphere OF crowded
courtroom.
SPEECH OF MR.. BRADY-NIR DAVIS READ>
FOR TRAI.-BCHMOND NOT HorTEl
THAN FORTRESS MoNRoE-YiRGINIA Hos
rIrAIITY.
Mr.. Hencssy having concluded reading
the ,h,ve Mr.. James T. Brady. of NeN
Yorl, one of the counsel for Mr.. Davis, ros
and in a calm, clear voice, and looking tn
Judpe steadily in the face, spoke as follows
During his brief remarks he made no ge'
ure. his right hand resting lightly upon tn
t,ble within the bar Mr.. Brady said:
II vour honor pleases, did not expect {
say one word this morning m reference l
The case of Mr.. Davis but some OF the su}
pestions contained in what my learned inen
has Just read, make it proper for me to stat
that if Mr. Davis be not technically suWe'
to vour Honor's jurisdiction, 1t Is only b
,,,,,ss no copy of this indictment, far as
am advised, has ever been served upon hii
nor any list of witnesses, nor any other a
Jnnc Of those which are required to be don
Inv The statute; il may he true that in tn
technical sense he is not now and never h
bnen ameuahle 10 your authority; but II
brothcr Reed stated that Mr.. Davis was n
claiming the benefit Of any of these wants
C,rns. hut that. on the contrary, he was he
IN exprcgs from his own lips, speaku
through as, his ardent desire for an immeC
ate trial; aud though il may be very hot
Richmond il Is infinitely worse where he
and so far rs the convenience of counsel
concerned. they care nothing for that CO
yenience, impellcd, as they are, by a sen
nf duly. From my own experience IN {
citv of Richmond, whose hospitality ha
onioved certainly would be happy to
main here. either through the heats of su
mer or the froSts of winter. We can on
say that we are entirely ready. We kn
that we cannot control the action OF the
trict Attorney. We thank him for his |
lite response to our questions and OF oou
we leave this question for such action as
Government may hereafter think proper
take.
SPEECH OF JUDGE UNDERNooD-rltE COZ
,, AnroI,RN To oCnoBER-MR. pA'
,vrAr.To TAKE PLACE THEN-APPLl
,,nx MUST BE MADE To THE PRESIDE
7,,UArI OR PAROLE MIR. DANls-THE
IJeurs OF FoRTRfss MONROE.
lud,rc Underwood then said 1t only
,,,;ns for the Court 10 say that the Dist
Attorney has correctly represented
- III the Government ON tins occaSl
The Chief Justice who Is expected TO
s,a, ON the trial, has named the hrst II
I,, in October next as the time that VII
,,ost convenient for him, and the Aior
General has indicated that it wouldbe nj
l., innossible for him, under the preSsui
his many duties, nos greatly increased
tbe troubes on the Norther frontier, ol
short notice, to give that attention 70
,rre,t oucstion which its importance
,,nds Under all Circumstances, the Z
!. J;sposcd 10 grant the motion of the
,rict Attorney, and think may say to
co,nsrl tLat Mr.. Davis will in all proba
~ NJ that time be brought before the q
nnI,-s his case shall in the meantime be
,,o-,.d of bv the Government, which Is
,,,,bcr ,,ossible. 1t is within the powe
the President Of the United States t'
,yLat he pleascs in these matters, ana
sumo that the counsel for Mr.. DAVIS W
pr,bably find il to the interest oi the G
20 make an application directly to Their
erument ut Washington. But tiis
would not feel justified in denying 2,
time this application, which rs IN lac
application both Of the Chiei Juslice
the Attorney General. -, 4,
When this court adjourns, 1t Wlll ~.
not until the next term, which is lis No
her but until the tirst Tuesday m o0
next. As it is supposed, from the arr
counsel on both sides that have been NJ
il will be a long trial, in which great
cal and constitutional questions are
discussed and settled, probably taklIl
rnonths, il would undoubtedly be mueh
omfortable for counsel, "a well rs 70