New-York tribune., 1867-05-14
NEW YORK, TUESDAY, MAY Ia, 1867.

Cn your own Judgment or on consultation with other
spoken of the Mains of imprisonment Every freeman
win understand that any imprisonment OF treeDOll
was q long pcriOd of imprisonment Certainly during
that time Mr. Davis under the direction and custody
the Gallant officer 10 whom you PAD so Just cOinpl
men and that Imprisonment has had as few pains ana
little suerings as could he expected under me Sro
do not aude to other times, but speak as to what IS
before us jefferson Davis is now here under your eX
elusive direction and ask that he have the liberty OF
| free ocOmOtion until you are prepared TO try him
The Court said il would like to hear from the other
| Mr. Eog,ts-The Imprisonment under the military
authority and jurisdiction OF the united STATES, .s uui
tion, the circumstances attending H. are not heees
sariy be criticised defended in any way lie no0
subject judicial control, and the question 0r your
Honor is whether the prisoner snail be let 10 Da e e
learned gentleman proposes II your ho.oi 50 vLt
amount iml,1Sf "'Sh and the terms and the dv.don
| if desired, on which the security may e
cent act of Congress prescribing the punishment for tea
passed 1862, and which Tor me hLst tme IN our our
lecslaOn has made for the Court 10 lnict less
than the death penalty for the crime Undoubtedly the
Government in saying 10 your Honor, at tne{ % uo @ 0t
h onmtoI and IL ia for cr Horor 10 determne on the
usual terms i'm the discretion Of the Court considering
receving hail Tie Court has nothing TO do with the
character motives of the sureo could only look To
what the law requires with regard TO pecunary resp1n
by and for ensuring the presence OF the accused 40
not know there will be any nGspositi0n On tne part
the prisoners counsel to meet the amount OF Da y2nr
Honor the District Attorney may think smtap,e IN liE
deed from The remarks Of the ,S isg
have the ability ana disposition 10 ioIsh @ rne f T
security As to the question OF amount y was lot SeH our
Honor TO say what was proper sum- IN order TO 1he
! proper administration Of Justice.
Distict Attorney Chandler The question presented
is whether the prisoner shall be admitted TO bail The
Judge of District Court of the United states, may IN
any case even in capital punishment taking into consld
Grafton all circumstances admit To bail, eNefclsg
sound discretion. II an indictment was t0und against
the prisoner, under law by which he could not e9 pun
ished with DEATH then matter Cf right he cOud give
bail. will state what think 70 be a iar amOiht oi
BAIL and do so the more freely because there nag neea
afioui N lIS |
counsel associated with me VIII agree TO ask b III tie
% the AMOUNT ba it Would be as easy question
| teImine that amount as on $1,000 something mas
representing all shades Of politics willing 10 ecr surety
for the appearance of the prisoner at the next torn 80
far as surety yship concerned We have no objection 10
take them but feel that owe duty To the Govern
ment in asking in addition to gentlemen reSidnE 1uG t
Of this District that gentleman IesldmS II lis Dtstiltt
shall also enter into security III order 10 secure c at
| tendance Of the prisoner at the next term.
III. OCOior-We can meet that question, as ~ bail:
lfr ChaHdcy-That is in the discretion Of the Court
future. that the Government would run no risk ltqm
ing the srees TO he residents OF tins District
nOu-atendance without having 10 enter SUIT deI-
cnt jurisdiction TO hold the sueues respon'e iof INC
H. q Conor-0n question Of residence there need be
difficulty We will give those who VIII reepect uen
III ErGrts-we have objection, provided the security
III. GTConor-There ten gentlemen willing TO 60
security. $4,000 each. 90
The QOUr-Thc question is whether the ofense is bai-
able IL little remarkable that in the midst Of
! gigantic civil war, tine Congress of the United states
changed the punishment of an OCsc with death to fine
and Imprisonment. but under the circumstance n was
very honorable tp the Government Of the luited states
| and exhibited cemency and moderation rms ls alact
which relieves the presentcasc OF every doubt ~ 10 ~
being bailablc and il is also in my judgment enneiy
proper that the motion should he treated WIN i@V3l'
rs the defendant has been ready FOR year a. summit MS
ease the courts Of the country tistrue the prisoner
has not until to-day been IN the custody Oh th,s court
think however, person acquainted WIN the circun
stances of the country would suppose me Iact heted
on the Justice of the Government, considering the NATIONAL
effect of great which ashed all elements OF society
preindces aroused would be subducd IN moment and
II j. IN e0nsS54chcS Saye % 'e edn ad IN ~ & ne eoamaSty
that the Government felt th-@ ~ was
suatlon with higher judicial officers IL was thought best
To the trial last Fa but fortunately We have more
agreeable aspect ~ the present time We may now nope
or restored confidence and that may not be disturbed
by violence and oomnoon think there are resonable
assurances In the indications around usAl we are Apr
Ia peace more permanent than ever eh!sied
5eos ought en- Rerssp a 70 az IHif shs the Ek @ s and have
received letter from ChiefJustice Chase intima;ing
cases are likely to he tried ought. perhaps also TO
say, injustice 10 the District torney thai he expected
10 dispose of this during the present torn Ibecve
fully prepared for the final disposition OF ~ tins
term but have doubt that grave considerations have
induced the Government 10 take different course 80 II
net and NOT with the Court or the District Attorney;
and doubt for good and proper reasons the Govern
mcui cannot complain, since the delay - rs own am
glad counsel agreed the amount Of bail II meets
with The approbation of the Court which will coune
the setcs the District Of Virginia ltWOuid no Doubt
be satisfactory II about bali the suieues De cohhed 10
the state of Virginia There il noUbecon 20 having the
remainder of the bail from other portions o. the United
States would inquire OF the counsel Ior me prisoner
whether his surees are present To ehter INTO recoS
nizauCe to-day
Mr. Davis during these proceedings exhibited mnch
cheerfulness, especially a. many persons in the
crowd extended their hands 10 congratulate nm on
the prospects of his speedy release.
me CoUtThe gentlemen proposing To offer themselves
| MT O'Conor addressing Horace Greeley who was
seated near to Augustus Sclell, invited him TO pre-
sent himself before the Court. Alr Greeley did so.
District Attorney Chandler said, there were eighteen
gentlemen he would qualify III the sum of $1,000
! each, leaving two others to become suretes, who
would probably arrive this evening. He was salts
fed with the list of names and the responsibility at
tachcd 10 them. He asked the Court 10 take a re-
Mr. OCo,ior-I am not certain they will arrive to-
night; may be not till tomoTow
Meanwhile, intrOductjons 10 Mr. Davis and hand
shaking continued, and there was now much commo-
tion all over the Court Room.
District attorney Chdndle'-lnasmuch rs IS gentlemen
have offered make no objections as to the sueency OF
the number M - ., "a
while we are waiting others willing take their
places The OF the sureties were eyeray called
and they repaired to the clerks desk and signed the FOL
The Srondon OF this recoeDzance is such that IL the
said Jefferson Davis shall In proper well, and truly
appear at the Circuit Court OF the United states for the
District the fourth Monday Of November next, at the
opening OF the Court that day and then and there a
Psri Psrien %hatessr %Sers and
part from the said Court without the leave Of the said
Court in that behalf first had and obtained then the said
recognzance TO become void otherwise to remain IN full
force.
Taken, and acknowledged this 18th day Of May, 1867
JEFFERSON DAVIS
HORACE GREELEY, New-York.
AUGUSTUS SCHELL, Ncw-YOrk
A9IsTIDEs WELSH philadelphia.
.. DAVID X. JACKMAN, Philadelphia
". III. MCFARLAND, Richmond.
RICHARD BARTON HAXALL. Richmond.
ISAAC DAVENPORT, Richmond.
ABRAIiAN WARWICK, Richmond.
GUsTAvUs A. MYERS, Richmond.
o.. .... WILLIAM W. CRUMP, Richmond.
JAMES LYONS, Richmond
JOHN A. MEREDITH Richmond.