The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1867-05-24
TIE Discharge Of Jefferson lavis.

gns following proceedings in eosrt, and
the mwarks Of the several distinguished
ccunse, on both sides, previous to he dis
charge Of Mr.. DAsIs, Gill be read With in
terest:
Mr.. O'Conor for the prisoner) sad the
counsel were BOW ready to observe What the
court ordered and what the lsN of Justice
required at this time. G1n consideration Of
certain circumstances wsich had been dis
closed in court, and in consideration of tie
very long imprisonmeHt of the accused, he
begged leave to say that the saalsel In at
tendance desired to know whether there was
any call upon them. - With regard to the
indictment, they acknewledged that they
had received copy of it and were now pre-
pared for the next step. .Tus4.is
The Court remarked-We shall be happy
to hear from the rcpresentatiyesbfth the gov
ernment. aH ie .s.3Sf
Mr.. Evarts (for the government)-- II deem
it proper to say that represent the gov
ernment on this occasion, and In thie prose-
cution, in association with nay learned friend
the District Attorney.
Mr.. Chandler (for the government MIR.
Davis having passed from military impris-
onment to the control andcustody of this
court, and as an indictment is pending
against him, and he is now under arrest, il
only remains for me, in behalf of the gov
ernment, to say it is not its Intention to
prosecute the trial of the prisoner at the
present term OF court. *. / O. r....
MIR. O'Conor-The condition pfrthis case
throws upon us the duty Of presenting to
your honor's consideration some tet the cir
cnmstances attending it. Jefferson Davis
has been imprisoned, and ia the power of
the Government, so that ary steps thought
expedient, Just, and considerate with sound
policy might have been taken against him
very long time since. =. His Imprisonment
commenced on the 10th of April, 1863. In
this court an indictment was presented
against him in May 1866. MIR. Davis has
been at all times since his imprisonment,
and particularly during the last year or more
of that imprisonment, exceedingly anxious
| to meet the questions arising on any lndlct-
ment which might be presented. He was
exceedingly anxious to receive the adyan-
tages, and enjoy the rights which your
honor has so justly and eloquently eulogized
in the address made with reference to Gen-
eral Burton. The blessings and advantages
of a just, equal, fair, and l might say, be-
nign, for that becomes the occasion, admin
istration of the law. No particular civil
procedure has been on foot silce the indict-
ment was presented, and although the Pc
riod of two whole years has elapsed since the
commencement of his imprts9nment, ct OBJ
vious general principles. lRd policy, an ap-
pllcatlon was properly m2fs, to the Court,
| while at the same time securing due re-
sponsibility to law and the ends of justice.
to mitigate somewhat tie prisoners con-
dition for all imprisonment, and the holding
of the accused for trial are adopted for the
purpose of securing an answer and the per-
sonal appearance of the accused when the
question of his guilt or innocence comes
fairly before the Court. This is ample rea
son on general grounds. The constitution
of the United States, which we all profess
to reverence, ensures speedy trial. But
do not come here to assert that speedy
trial means Instantly, nor to assert that the
government has not on this, as on all other
occasions, had a reasonable time to prepare
| for trial. do not assert that considera-
tions of convenience and policy may not
have had their full weight, although they
may bear oppressively on the individual. !
do not complain that the government has
( failed to prosecute lest year, or deferred ac
! ton until the present year. hays no such
purpose for We are bound to respect the
authority of the President, che Attorney
! General, and their associates and advisers,
and only consider there arg, public consider
ations tor not proceeding with,the trial i'm.
mediately. But If your honor please, it Ii
a fact that gentleman not very young and
not remarkable for constitutional vigor, has
already suffered two years of Imprisonment
and it is a fact, that as far as human guar.
antees can be given for any man, l Nigh,
say, any amount OF security tor the appear
ance OF the prisoner can be furnished. We
can furnish such pledges from gentlemen il
every part of the country, OF every party
and representing every shade of opinion
Gentlemen who become security for hin
would profess but one sentiment, and tha
not for him personally, who are averse tc
the political views that have distinguished
his life In every respect, but who, neverthe
less, feel a great interest in the honor anc
dignity OF the American people, and in tht
American republic, and fear that the pun
lishment OF death, In the absence of a trial
would result from his longer imprisonment
say, then, this kind of assurance can b,
given, and, as that class who differ so widely
in opinion are willing to give this security
in order to show their respect for him per
sonally, it furnishes the best proof that the,
believe he will appear before you wheneve
Irequired. .Te this they are willing to pledg,
their whole estates. These remarks are ex
tended to express to your honor that we ar,
ready to give bail that at future day Mr.
Davis will be ready to appear, without, ii
the neantime being held a. prisoner Fair
reasonable bail, such as.may be exacted il
ordinary cases, We are ready to furnish. Al
the trial must be over the ensuing simmer
as the prisoner has been much. reduced b,
imprisonment, / move your honor to accep
bail for him. This you will, of course, dt
either on your own judgement, or with con
sultatien with other officers of the govern
ment as to the amount. ] have spoken O
the pains of imprisonment, Every freeman
will understand that any imprisonment Of
free born. American must carry oppression
with it, SO far as there was long period o
imprisonment Certainly, during that tim
Mr.-Davis was under the direction and Gus
tody OF the gallant officer TO whom you pai'
so just compliment, .and that imprison
meut has had as few pains and as little sui
ferings as could have been expected unde
the circumstances. He was in the hand
OF a soldier and gentleman. do not al