The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1867-05-21


in order TO show their respect for him personally,
it furnishes the best proof that. they believe he
will appear before you whenever required. To
this they are willing pledge their Whole estates
These remarks are to express TO your Honor that
we are ready to give bail. At future day Mr.
Davis will be ready to appear, without. in the
snean time, being held prisoner. Fair, reason
able bail. such as may be expected in ordinary
cases. we are now ready to furnish. AS the trial
must lie over the ensuing summer, and as the pri-
souer has been much reduced by imprisonment,
move your Honor to accept bail for him. This
YOU will of course do either on your own judg-
ment, or on consu ItatIon with other officers Of
Government as to the amount.
| have spoken of the pains of imprisonment
Every free man will understand that. Any i'm
prisonment of free-born American must carry
oppression with It. So far as there was a long
period of imprisonment, certainly during that
time Mr. Davis was under the direction and custo-
dy of the gallant officer to whom you paid just
compliment; and that Imprisonment has had as
few pains and as little suffering as could be ex-
pected under the circumstances. He was in the
hands ola soldier and gentleman. I do not
alode to other times, bat speak as to what is be-
fore us. Jefferson Davis is now here under your
exclusive direction, and ask that he have the
liberty of free locomotion until you prepared
to try him.
The Court said it would like to hear from the
representatives Of the Government.
Mr. Evarts said the imprisonment was under
the military authority and jurisdiction of the
United States. It's duration or the circumstances
attending it not necessarily to be criticised or
defended in any way. He is now subject to ju
dcial CONTROL and the question for your Honor is,
whether the prisoner shall be let to bail. as the
learned gentleman proposes. If your Honor so
determines then the question arises as to what
amount, and the terms. and the DIVISION if de-
sired, on which the security may be taken. The
Indictment have been informed, is under a re-
cent act of Congress prescribing the punishment
for treason, passed in s62, aud which, for the
for The court to infct less than the death penalty
for the crime
Undoubtedly the Government, in saying to
your Honor that they do not propose proceeding
against the prisoner during the present term. have
presented proper case for the motion of his
counsel And it is for your Honor to determine
on the usual terms, in the discretion of the Cour:,
considering all the circumstances of the case, as
to the propriety of receiving bail, The Court
has nothing to do with the character or motives
oflhe sureties. 1t could only look to what the
law requires with regard to pecuniary response
bility and for insurng the presence the accused
do not know that there will be any inLisposition
on the part Of the prisoners counsel to meet the
amount Of bail your Honor or the District Attor
ney may think suitable. Indeed, from the re-
marks of the prisoners counsel, they have the
ability and the disposition 10 furnish the requisite
security. AS to the question of amount, it was
| for your Honor to say what was proper sum,
in order to the proper administration fjustice.
| District Attorney Chandler said the question
now presented is, whether the prisoner-shall be
admitted to bail? The judiciary act Of 1889
provides that the Supreme Court, ooe of the
justices Of the Supreme Court. or judge Of
District Court of the United States, may, in
any case, even in capital punishment, taking
into consideration all the circumstances, admit
to bail, exercising sound discretion. If an in
dictment vas found against the prisoner under
a law by which he could not be punished with
death, then, as matter Of right he could give
bail will state what [ suppose to be a fair
amount Of bail, and do SO the more freely be-
cause there has been some little consultation 10
this matter. | believe the learned counsel asso-
ciated with me will agree in saying that We are
authorized to ask bail IN the sum of 500, 900.
| presume there will be no question as to the
amount of bail. 1t would be ~ easy question
to determine on that amount as on $4,000
Something had been said about the gentlemen
from all parts OF the country, representing all
shades of politics, willing to enter surety for the
appearance Of the prisoner at the next term.
So Tar as suretyshIp is concerned, we have no
objection to take them, but feel that owe a
du'y to the Government in asking that, 10 addi-
ton to gentlemen residing outside of this dis
trict, gentlemen residing within this district
shall also enter iato security, in order to secure
the attendance OF the prisoner at the next term
Mr. OConor.-We can meet that question as
to bail
Mr. Cbander.-That is in the discretion of
che Court. | may remark 10 order to avoid en-
barrsssment 10 the future that the Government
would run no risk by requiring some of the
suretes to be residents of this district; while 90
the contrary, there might be difficulty. We
without having to enter suit in different juris.
dIcflon to bold the sureties responsible for the
!, Appearance of the prisoner
} Mr. O'Conor On question of residence
there need be no difficulty We will give those
} who will respect their obligation. ST.
Mr. Evarts.-We have no objection, provided
the security is adequate. 81
MIR OConor.-Thcre are ten gentlemen will
ing to go security ten thousand dollars EACH
The Court said the question is whether the
offence is balabe. 1t is little remarkable
that in the midst of gigantic civil war the
Congress of the United States changed the
punishment Of an offence with death to fine and
imprison ment. But, under the circumstances
it was very honorable to the Government of the
United States, and exhibited its clemency and
moderation. This is a fact which relieves the
present case of every doubt as to it's being bail
able. And it is also, in my judgment, emf.