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


lawfully, falsely, naliciously, and traitorossIy,
did compass, imagine, and inteod to raise, levy.
and carry on war, instruction aad rebellon
against the said United States OF America; and
10 order to fulfil and bring to eject the said
traitorous compositions, imagna,ions and inten-
lions of him, the said Jefferson Davis, he, the
said JEFFERSON Davis, afterward, to Wit 90 the
said 18th day OF June, in the year of our Lord,
1864, u the said city Of Richmond, in the
county Of Henrico, and District Of Virginia
aforesaid, aud within the Jurisdiction of the
Circuit Court Of the United States for the fourth
Circuit 10 aud for the said District of Virginia,
with great multitude of persons, whose names
to the jurors aforesaid are at present unknown,
to the number of FIVE hundred persons and up
ward, armed and arrayed in . warlike manner;
that is to say, with Cannon, muskets, pistols,
swords, dirks, aud other warlike weapons, as
xeIl offensive as defensive, being then aud there
unlawfully, msliciously. and traitorously assem-
bled and gathered together, did falsely and
traitorously assemble and join themselves to-
gether against the said United States of Amer
lea; aud then and there, with force and arms,
did falsely and traitorously, and in q wsriIke
and hostile manner, array and dispose them
selves against the said United States of America,
and then aud there, that 10 to say, on the 10Th
u
the said city of Richmond, in the county OF
Henrico, and District of Virginia aforesaid. and
within the Jurisdiction Of the said Circuit Court
of the United States for the fourth Circuit 10
and for the said District of Virginia, 10 pur-
susnce of such, their traitorous intentions and
purposes aforesaid, he the said Jefferson Davis,
with the said persons aforesaid, traltorously
assembled, aud armed and arrayed in the man
ner aforesaid, most wickedly, Daiciously, and
traitorouSly did -ordan, prepare, levy, and carry
on war against the said United States OF Amer
lea, contrary to the duty of the allegiance and
fidelity of the said Jefferson Davis, against the
Constitution, Government, peace and dignity OF
the said Unired States of America. and against
the form of the statute Of the said United States
Of America in such case made aud provided.
This indictment, found on testimony of James
MlIigan. George P Scarburg, John Good Jr,
j Hardy Hendren and Patrick 'Brien, sworn
in open court, and sent for by the grand jury.
l. Fl CHANDLER,
United States Attorney for the Dist. of Va
General Burton thanked the Court for the
remarks which had beer made IN compliment
to him.
Mr. O'Conor said counsel we're now ready to
observe what the Court ordered, and what the
law of justice required at this time. In con-
sideratiun Of certain circumstances which had
been disclosed 10 Court, aud in consideration OF
the very long imprisonment of the accused, he
begged leave to say the counsel in attendance
desired to know whether there was any call
upon them with regard to the indictment. They
aek nowledged that they had received copy of
it, and were now prepared for tho next step.
The Court remarked, We shall be happy to
hear from the representatives Of the Govern
ment.
Mr. Evarts-I deem it proper to say that rep
resent the Government On this occasion, and in
this prosecution in association with my learned
friend. the District Attorney, Mr. Chandler. Mr.
Davis having passed from military imprisonment
to the control and custody of this Court, and as
an indictment is pending against him. and he is
now under arrest it oDly remains for me to say in
behalf Of the Government, that it is not its nten.
ton to prosecute the trial of the prisoner at the
present term of the court.
Mr. OConor-The condition of this case
| throws upon the duty of presenting to your
Honoi'S consideration some of the circumstances
attending it. Jefferson Davis has been imprison
ed and IN the power of the Government, so lha,
any steps thought exPedlent, just, and consistent
with sound policy, might have been taken agains
him very long time ago. His imprisonment
commenced OH the 10Th of April, 1865. In tlli:
court an indictment was presented against hin
in May, 1866. Mr. Davis has been at all times
since his imprisonment. and particularly during
the last year or more of that imprisonment, e1
ceedingly anxious to meet the questions arising
on any indictment which might be presented
He was exceedingly anxious to receive the advan
tages and enjoy the rights which your Honor has
so eIoquenty eulogzed in the address made with
reference to General Burtoa-the blessings ane
advantages ola just, equal, fair, and, | may say
benign, for that becomes the occasion, admins
tration Of law. No particular civil procedure ha
been foot since the indictment was presented
and although the whole period of two years ha
elapsed since the commencement of his imprison
nent. On obvious general principles and policy
an application was properly made to the court
while at the same time securing due responsibility
to law and the ends of justice, to mitigate some
what the pressure Of the prisoners condition; 70
all imprisonment and the holding of the accused
for trial are adopted for the purpose Of securin!
an answer and the personal appearance of tn
accused when the question Of his guilt limo
cence was fairly before the court. This is anpl
reason on general grounds. The Constitution o
the United States, which We all profess TO rever
ence. insurss speedy trial
But do not come here to assert that a sneed,
trial means instantly. nor to assert that the Gov
eminent has not on this on all other occasions
had reasonable time to prepare for trial. dc
not assert that considerations of policy and con
venlence may not have bad their full weight, al
though they may bear oppressively on the ind
vidual. do not complain that the Government
has failed t" prosecute last year, or deferred &C
| ton till the present year. l have no such pnr
pose because we are bound to respect the author
ity of the President, the Attorney C General, ane