The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-05-14
Tb,, writ had the following endorsements

/ frICt OF V1TRlnIn DUUy
| at the time of the service of the writ held by
me in Imprisonment at Fortress Monroe I'M
der the military authority of the United States,
| and subject and surrender the said Jefferson
Davis to the custody, Jurisdiction, and control
/ Of the said court, as am directed to- do by the
| order of the President of the United States,
| under date OF May S, 1867.
III. s. BURTON,
| "Colonel and Brevet Brigader- General
- United States Army.
| Mr.. O'Conor said that on this return no
reason was stated for the imprisonment OF
| Jefferson Davis, and II now remained for the
Court to take such action rs was requisite on
| the part OF the civil authorities TO bring .ne
prisoner within the proper limits 10 meet 'he
indictment. ,,o;,
The Court replied The return IS expiieil
and satisfactory. General Burton recei, -
the thanks OF the Court for this pTohpt , h,u'.
i graceful obedience 10 It's writ. he has 'hus
| added another to the many laureis ne nns
gained upon the battle-felds OF the couHt ny !,
i He has illustrated the many quaiities VI ~ g.
| soldier Of the United states, ior courage -
| Tho face Of danger Is not more becoming thah
| raodv recognition of the claims Of peace Wheh
| General Burton is now honorably relieved
of the custody OF the prisoner, VINO pasees
| mo the custody Of the court, under the protec-
| ton of American republican law. Ii the
| laws are silent in arms, they should be trn
| net tongued and omnipotent in peace me
| Marshal will now serve on lhe pr,son n. INC
| writ on the indictment now III TINS court.
Deputy Marshal Duncan accordingly served
the writ on Jefferson Davis, which the latter
| acknowledged. j, II. 800,
served was found at the May term, 1900 Oh
| the Circuit Court held in Noriolk, ana Is IL
follows:
THE INDICTMENT AGAINST Mr.. DAVIS
yo;t.d states of america, District @ Virginia
| 10 nit: In he Circuit Court 81 me tnhen os"t'S
Of America in and for The Distrtctcf 'Tgi""'
at Norfolk, Mty term, 1866.
Tho Grand iuors of the United States oil
| America i'm and for the district of Virginia,
mon their oaths and aiiirmations, respectively
do present that Jefferson DAVIS, iate OF tne
CITY of Richmond, in the county Oh hehrico'
in The district of Virginia aforesaid, yeoman'
being an inhabit of and residing within the
United States of America, and owing aile
glance and fidelity TO the said United states OF
America, not having the fear OF CIod oeioLe
his ewes nor weighing the duty OF MS saiu ~
Iagi,nce but being moved and sednced by the
insiigation of the devil, and wickedly de-
yisinp and intending the peace ana tranquil
lity of the said United states OF America 10
disturb and the Government OF the sald oni-
ted States of America TO subVert, ana 70 sur
move. and incite insurrection, rebellion, ana
var against the said United States OF America,
IN the fif tenth day of June, in the year OF our
Lord one thousand eight hundred and Sixty
four. i'm the city of Richmond, in the county
If Uenrico. in the district of Virginia, afore-
al.
emit Court of the United States for the fourth
circuit in and for the district of Virginia
aforesaid, with force and arms, unlawfully,
falsely, maliciously, and traltorously, ald com
mass, imagine, and intend to raise levy, and
carry on wa~, resurrection, md rebellion
against the said United States OF America; and
in order to fulfil and bring to effect the SAID
traitorous compasSings, imaglnatlons, ana ~
tentons of him, the said Jefferson DAVIS, me-
the said Jefferson Davis, afterward, to Wit
ON the said fifteenth day of June, in the
wear of our Lord one thousand eight nun
dred and sXtyfour, in the SAD CITY OF hich-
mond in the county of Henrico, and district
of Virginia aforesaid, and WITHIN the Jurisalc-
ton of the Circuit Court of the United States
for the fourth circuit in and for the said dis
trict of Virginia, with great multltude Oh
persons. whose names To the jurors aforesaid
are Mt present unknown, 10 the hummer OF I'VE
hundred persons and upward, armed anu ai :
rayed in a &arlike manner; that Is TO say
with cannon, muskets, pistols, SWORDS, dlrhs'
and other warlike weapons as well offensive
| as defensive, being then and there uhlh"iuhy =,
maliciously, and traitorously assembled ana
gathered together, did falsely and traitorousiy
assemble and ion themselves together against
tho said United States of America; ana then ana
there with force and arms, did falsely ana
traitorously, and in n warlike ana hostile man
ner, array and dispose themselves against lhs
so;d limited States of America, and then and
thara that is TO saw, on the said fifteenth
day of June, in the year OF our LORD one
tbousand eight hundred and slXty-lour, IN
the said city of Richmond, III the county OF
Henrico and DISCREET of Virginia aforesaid,
and within the jurisdiction OF the said CIR
emit Court of the United States Tor the iourth
circuit in and for the said district OF Virginia.
in pursuance of such, their traltorous lnten
tions and purposes aforesaid, he, the sald
Jefferson Davis, with the said persons so rs
aforesaid traatorously assembled, ana armed
and arrayed in the manner aforesaid mos /
wickedly, maliciously, ana traltorousiy uioI
against the said United States OF America,
contrary TO the duty of the allegiance ana
fidelity of the said Jefferson Davis, against
| the Constitution, Government, peace ana
| d;onitv OF the said United States OF America,
| "a AGAINST the form of the statute of the
said United States OF America IN such case
| made and provided
| This indictment, found on testimony OF
| lanes +. Milligan, George 7. Scarburg John
| Good, Jr., j. Hardy Hendren, and Patrick
| o. Brien, sworn in open court, and sent for by
l.. II. CHANDLER,
| United States Attorney for the District OF
Virginia.
| General Burton thanked the Court for the
remarks which had been made III compliment
| TO him.
| Mr.. O'Conor said counsel We're now ready
| TO observe what the Court ordered, ana
| what the law of justice required at this time.
| In consideration OF certain circumstances
/
| sideration of the very long imprisonment OF
| the accused, he begged leave TO say the coun-
| sci in attendance desired TO know whetner
| there was any call upon them win regard 10
| the indictment. They acknowledged that they
had received 4 copy OF II, ana We're now pre-
| pared for the next step.
| The Court remarked, we shall be happy 10
hear from the representatives OF the Govern
ment.
| MIR. Eyarts.-I deem it proper to say that
| I,a Gp.prumpnt this occasion
and i'll this prosecution in ASSOCIATION win
nv learned friend, the District Attorney, Mr..
| Chandler. Mr.. Davis having passed from
military imprisonment to the control ana Gus
| tody of this Court, and as an indictment Is
nendinp against him, and he Is now under
arrest. it only remains for me 10 say, in be-
half of the Government, that IL Is not It's in
| tention TO prosecute the trial OF the prisoner
| at the present term OF the court.
Mr.. O'Conor-The condition of this case
| throws upon us the duty of presenting toyour
| Uonor,s consideration some of the clrcum-
| Stances attending it. Jefferson Davis has
| beef imprisoned and in the power OF the Go
| yerpment. so that any steps thought eNpe
| dent. lust and consistent with sound policy,
| might have been taken against him very
| long time ago His Imprisonment commenced
| ON the 10th of April, 1865. In this court an
| Indictment was presen ted against him i'll May
| 1866. Mr. Davis has been at all times since
his Imprisonment, and particularly during
| the last wear or more of that imprisonment,
exceedingly anxious 10 meet the questions
| arising on any indictment which might be
| presented He was exceedingly anxious 10 re-
| ceiye the advantages and ENJOY The rights
| which YOUR Honor has so eloquently eulo
| eiZed in the address made with reference 10
| General Burton-the blessings and advan-
| taees of Just, equal, fair, and, l may say,
benign for that becomes the occasion, admin
istration Of law. Noparticular civil procedure
has be.n on foot since the indictment was
| ,,,.o,or ,ad and although the whole DerIOd of