The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-05-17

Slouiu mayo NAG no ulhiculty IN recognizing him,
! was much struck with tho great ohango wrought
by two years Of sorrow and confinement. His hair
two years age. was dark, beginning to show an in
lis beard Whe pors s not erect ss
shSufh T. make an
| surface, .f.TT . 30 = =
Tho writ OF hdJeas corpus Was thon road, on
"rn obedience to the oxigenoy OF tho within writ,
cult Of the United statos for tho District Of vir-
Tho sorvico Of tho writ hold by mo in imrrisonnont
at Eortro's Monroe, under the military authority
II tho United States, and subject and surrender
4 tho said Jefferson Davis to tho custody jursdic-
.i9n and control Of tho said Court, as am direct
Cd g DO by the ordor OF tho President Of tho Uni
ted sfa'e'' under date OF May 4. e B. iSsIi SGnros
III Colonel and Breyet Brigadior-G General
N. o,co. - United states Army"
said that on this return no reason was giyen for
tho imprsonmont Of Mr.. Davis, and it now rc-
requisite on The part 0 tho civil ip aashoras a is so
bring tho prisoner within tho proper limits to meet
Tho Court replied, tho return ia satisfactory and
| General D. La now roieycd OF tho custody or his
prisoner. Tho Marshal will now serye en- the pris-
9ner tho writ on tho Indictment now In this Court.
The writ was then served, aud acknowledged by
The indictment upon which tho writ was served
Court held in Norfolk, and is as follows:
= :. :. TIE INDICTMENT AGAINST MR. DAv1s.
0sass s &c dsS R ss q xssII,s s, e. aas "a
eIana 81 tSo al EG Ray 1860
ca IN and for tho district Of Vrans 9pon Sn Amef .her
that Jefferson Davis iato Of the city 81 Richmond
residing sses of Amenoo @,
ssT sos a1nas g snd sS Sasns e s sh p said il
God before his eyos, nor weighing tho duty Of his
said allegiance, but being moved and eeducod by
q the a9d
said United states Of America to disturb and
the Government OF tho said United statos OF
insurreotion, rebellion and war against tho said
United States OF America, on the 18th day Of Juno,
in the Of our Lord ono Thousand eight hundred
county Of Henrioo, in tho district Of Virginia
aforesaid, and within the Jurisdiction OF tho Cir
cult IN and for The district OF Virginia aforesaid,
with force and arms, unawfully falsely, malicious.
", and traitoropsly, did compass, imagine, and
and rebellion against shc saa al United siatss
| OF America and in order to fulfil and bring to
sGS. osa S ans sHd nIono of $
Davis, he, tho said Jefferson Davis, aftorward,
to wit; on the said fifteenth day OF June,
/ in tho year OF our Lord one thousand eight
hundred and sxtY-four, in the said o city Of
Richmond, in tho county Of Henrico. and district
Of Virginia aforesaid md within the jurisdiction Of
l
circuit in and for the anid district OF Virginia. with
great multitude Of persons, whose names TO the
jurore aforesaid are afpresent to thonum-
Der OF hyo hundred persons and upward, armed and
| arrsyed in o warlike manner that is to say with
cannon, muakets pistols, swords, dirks, and othor
being then ind there unlawfuIly maiioiousiy. % and
traitorously assembled and gathered together, did
falsely and traitorously assemble nd Join them
America and then and there, With force and srms.
did Slsely and traitorously, and in warlike and
hoss msnnsT aTIss s and dispose
then and there that say, on tho said fifteenth
day Of june, in the year Of our Lord ono thousand
county os s ss ssd s lily
ssn' asa hp g. isss5stisa usss
s'ss the 81 said f as,4s sFa q vsaa s5SS il IN pa sn
tions and purposes Aforesaid, he, the said Jefor-
sssshf sss ssssa ssd aa +
sn ass Ss fEA eSa Sid Rns sss s
fidelity s. tho safd Jefferson Davis, against ths i
the said United States Of and t{ tSs
form Of tho statute OF the said. United States Of
America in such case made and provided.
ssn aeS2so On sSny 81 5aTe
Hardy HandseR and PaliSl osmon, S 'oTo sworn IL
open court and sen. ter Py t1e eTA9a G. !sEg,
United States Attorney for tho DISTRICT: Of Yir-
&r. oconor said counsel vero nov now :; road, d,-st ID
observe what the Court ordered and what tho law "
OF justice required at this time In consideration
OF certain circumstances which had been disclosed
prisonment Of tho accused he begged leave to say
the counsel in attendance desired 10 know whether
there was any call upon them With regard to the
ceiyed copy Of It, and were now prepared for the
ltpss1At co'tS1,pf :: ( !,
hear from the Representatives Of tho Government.
i MIR. Eyarts:-I deem Il proper to say that I rep
resent the Government on this occasion, and III
@ psss ansneS % Tsa my &
Davis having passed from military imprisonment
70 the control and custody Of This Court and Is an
.Sss Ss si ss en sb.g
70 prosecute the trial Of The prisoner st The present
Mr. oConor-The condition Of this case thfo ms
upoa; us shS duty OF presenting to your Honors
| It. Jefferson Davis has been imprisoned and In
the power OF tho Government, SO that any steps
thought expedient, Just and consistent With sopnd
RSaoys @ mighs have I been taken against him very
tho 10th day OF April 1855. In this court an in
diciment was presented against him in May, 1866.
ment and particularly during The laat year qf moro
q o. that imprisonment. exceedingly anxious % meet
sua eeaS iEo anISas aisSss
i gized in the address madey With reierence TO
II General IBurton--the blessings and adYan-
tages Of just, equal, fair and, may say,
benign, Tor thet heSoHlea the. aosssipn, admin
isuatton off, Law. No particular OWL procedure
II has been on foot since the indictment Was pre-
II sented, and although the whole period Of two
ii years has elapsed snce tho commencement of his
n Imprisonment On OBVIOUS general principles and
policy an application was properfy made to tho
court! While at tho sameI time securing due re-
sponsibty to law and the ends Of Justice, to miti-
aitioni for all impfisonment and tho. holding Of
the ACCUSED for trial are adopted for the purpose
II Of securing an answer and the personal appear
ance of tho ACCUSED whom tho question Of his guilt
or innocence was fairly bsfofethe eourt This is
n ample Ieeson on general grounds. The Consttu-
4 ton Of the United Etates which we all profoss to
n reyeronce, insures speedy trial q " ', go,
n 'buS' do NOT cpme hero to aaBeIt that q speedy
trial means instantly, nor TO assort TINT The Gov
ernment has nat On this, as on oil other OCCASIONS
had q reasonable time to prepare for trial. do
ysnionco { Hsy. NOT hsYe bad Their tail weight, al
yiduai DO not complain that tho aoyernment men has
failed to prosecute last year, or deferred action
I'LL tho present year. I have no such purpose be-
cause We are bound to respect the authority Of tho
President. the Attorney. General and their asso-
ciates and advtsors, and only suppose there are
public considerations for not proceeding with the
fact that : gentlemen not very young, and moi
remarkable for constitutional ylRor, whstever nay
be said OF his mental yigor, has already suffered
two years OF ofmprisoD1ianti and ia fact that &c