Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1867-05-17

public life arc ready to enter into the en-
gagement from their interest in the dignity
and honor Of the country. They consider
the national honor at stake.
MIR O'Conor accordingly made applica-
ton for the privilege Of bail for his client,
asking that he might not, by its refusal, be
subjected to that most cruel mode of taking
life, that severest and most CALLING Of pun
ishments death in dungeon by confinement.
Those who, while differing from Mr.. Davis,
yet offer to become his sureties, are entitled
to peculiar consideration for their act bears
testimony that they know him to be man
of honor; and they are willing to pledge
their whole estates that he will keep his
word. On that future day when the gov
ernmcnt shall find itself prepared to proceed
with the trial, Mr.. Davis will be present to
respond, without the necessity of subjecting
him meanwhile to the tortures Of imprison-
ment.
Mr.. O'Conor further remarked that while
ready to give bail in any amount, he did not
think it right that the government should
exact excessive bail. Fair, respectable,
suitable bail, he supposed would satisfy the
government. This he now proposed to give,
and left it to the court to indicate the
amount
Mr. O'Conor, in conclusion, remarked in
reference to his comments on the pains of
Imprisonment suffered by Mr.. Davis, that
since he had been under the custody of
General Button, he had had as few pains
and as little suffering as were consistent with
imprisonment. General Burton was a SOL
der and gentleman, and had deported
himself accordingly towards his prisoner.
He had no observations to pake as to 9th
ers who had previously held the same post.
Mr.. Evarts for the government, said
that Mr. Davis's Imprisonment had been I'M
der the military authority Of the United
States, and the circumstances which had at
tended it, were not subject Of inquiry or
consideration here He was now under Ju-
dical control. and the questions for the court
are, shall he be baled and if so. in what
amount? The indictment which had been
found against Mr.. Davis was under the re-
cent law of Congress-the statute Of 1862.
| BY that law the crime with which Mr.. Davis
is charged had, for the first time, less than
the death penalty attached to it. The case,
therefore. offers proper occasion for an APP
piication for BAIL The gravity of the Of
fence charged being understood, and the cir
cumstances of the particular case being TN
derstood. the case was one for the discretion
of the court. The personal character Of the
securities offered had nothing to do with the
question. Security such as would satisfy
the law, was what the Court must require.
IF bail be allowed, it should be neither ex-
travagant nor unsuitable, The peculiar
opinions Of the sureties were outside Of the
question. The Court should look to the
considerations which the law regards as sub
stantal aud sufficient, and should exact
nothing beyond.
Mr.. Chandler District Attorney said
that by the act Of 1889, a person accused of
a crime to which less than the death penalty
attaches, has right to bail ; and even VIII re
death is the penalty he may be bailed in the
discretion Of the Judge. He would assume
that the case before the court was one. in
which conviction would not bring the death
penalty He therefore would not resist the
application for bail The remaining ques-
ton was as to the amount Of bail proper to
be demanded He did not desire excessive
bail, and would suggest as an amount which
! had been to some extent recognized as prop
er. the sum of one hundred thousand dol
lars. He knew this sum would subject the
accused to no difficulty. It would be given
as easily as ten thousand dollars. In refer
ence TO the gentlemen who might be offered
as sureties, he considered it his duty to the
Government to require that a portion, say
one half, should be citizens Of Virginia. In
case the bond should be forfeited, and suit
should have to be brought, the court could
not. without Inconvenience, proceed against
parties outside Of the judicial district
Mr.. O'Conor- There shall be no difficulty
on that score We can give, if necessary, all
Vlrginians, and men who do not wait to be
sued for anything.
Mr.. Chandler said his only object was to
avoid all possible future embarrassmonts.
Mr.. O'Conor stated that no objection was
taken to the amount named by Mr.. Chand-
ler
Judge Underwood then said he had no
doubt whatever that the act charged was
bailable Congress, in 1862, had reduced
the punishment of the offence charged from
death to fine and Imprisonment in the dis
cretion of the Judge. This was proceeding
out Of the usual course Of things as seen In
times of civil war But it was nevertheless a
fact, and a fact honorable to the government
and one which relieves every doubt of the
admissibility of the application for bail. 1t
was eminently proper. too, that the motion
made should be received with favor. The
defendant was ready for trial. and had been
for year He had not till to-day been in
the custody Of the court The circumstances,
however, which have prevented do notreaeet
on the government. They We're the natural
effect Of great war, which dashed all the
elements of society into fury 1t was not ex-
traordinary that such passions and prejudcez
did not subside in moment. Threats OF
violence We're abroad in the land, and gov
ernnent felt that it could not safely proceed
It was proper to say that the term Of this
court was omitted last fall, because, after
consultation, it was deemed unsafe to hold 1t,
on account Of the disorders then prevailing
! Now there is a better state of things and
better prospects We have peace and a pros