The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-05-14

given. And rs that class VINO aiher -
widely in opinion are WILDE, r rs ~ for him
narsonaiIy II furnishes the best PROOF tna'
thew believe he will appear before you , me ~
ever required To this they are wlii,ns -. "
pledge their whole estates; ,nat we are ready to
give bail. At a future day Mr. Davis win De
ready IN anpear without, in the mean tint
being held n prisoner. Fiiir, reasonioe 80,
such rs may be exacted I'LL oIulnaiy -, ,s,
are now ready to furnish AS the lIial i ,,s :
il over the ensuing summer, ana rs tue
prisoner has been much reduced Dy inPInso.h
ment, / move your Honor 70 accep.. 80. u ~ -
him. This you will OF course 40 eilnea az
vour own Judgment, or on consultation win
other Officers of Government rs TO the amount.
have spoken Of the pains OF imprisohmen..
Every free man will understand tnat. ny
imprisonment Of free born Ameri.,an al. nv ,,'a :
n long period of imprisonment, certainly uu
ring that time Mr.. Davis was under the uiI Q.
ton and custody OF the galIan,s o -
whom YOU paid so just Compliment, aiu
that IMPRISONMENT has had rs few pains anu
os little suffering as could be expected under
the circumstances He was in the hanus Oh d
soldier and gentleman. l 90 not aituue "
other times, but speak Us TO Wnat Is peiole ",
Jefferson Davis is now here under your eNciu-
sive direction, and l ask that ne nave lhe
liberty of free locomotion until you are pre-
pared to try him. ., -, r., a, q
The Court said il would ike 10 near lroih 'he
represen tatiyes of the Government.
MIR Eyarts said the imprisonment was under
the military authority and jurisdiction OF tue
United States. Its duration or the circum-
stances attending it are not necessarily 10 oe
criticised or defended in any way me Is now
subject TO judicial control, and the question
for your Honor is, whether the prisoner snail
he let 10 bail, rs the learned gentleman pro-
noses If your Honor so determines, then the
question arises as to what amount, ana the
Terms, and the division, IL desired, on which
h. trit " m lao taken.
have been informed, is under recent act OF
Congress prescribing the punishment Tor trea-
son, passed in 1862, and which, for the first
time in our legislation, has made it proper for
the court to intilct less than the death penalty
for the crime.
Undoubtedly the Government, in saying to
your Honor that they do not propose proceed
ing against the prisoner during the present
term, have presented proper case for the mo-
ton of his counsel. And IL is for your Honor
to determine on the usual terms in the discre-
ton of the Court, considering all the circum
stances of the case, rs TO the propriety OF re-
ceiving bail. The Court has nothing to do
with the character or motives of the sureties
l could only look 10 what the law requires
with regard TO pecuniary6 responsibility and
for insuring- the presence OF the accused. L
do not know that there will be any indisposi.
ton on the part of the prisoners counsel 10
meet the amount of bail your Honor or the
District Attorney may think suitable. Indeed,
from the remarks of the prisoners counsel,
they have the ability and the disposition to
furnish the requisite security. As to the ques-
ton of amount 1t was for your Honor to say
what was proper sum, in order TO the proper
administration Of justice.
District Attorney Chandler said the ques
ton now presented is whether the prisoner
shall be admitted to bail The judiciary act OF
1889 provides that the Supreme Court, one
of the justices of the Supreme Court, or
Judge of District Court of the United States,
may, in any case, even in capital punishment,
taking in to cons liberation all the circums tances,
admit 10 BAIL exercising Il sound discretion.
If an indictment was found against the prl
sonpr under a law by which he could
not be punished with death, then, rs a matter
of right, he could give bail will state what
| suppose TO be Il fair amount OF bail, and do
so the more freely because there has been some
little cons ultation in this matter. L believe the
learned counsel associated with me will agree
in saving that we are authorized 10 ask bail in
the sum of 800 900. presume there will be
no question rs to the amount OF bail. 1t Would
be as easy a question to determine on that
amount rs on $4,000. Something had been
said about gentlemen from all parts OF the
country. representing all shades of politics,
willing TO enter surety for the appearance OF
the prisoner at the next term. SO far as sure
tyship is concerned, we have no objection TO
take them, but feel that | owe 4 duty TO the
Government in asking that in addition to
gentlemen residing outside of this district.
gentlemen residing within this district shall
also enter into security, in order 10 secure the
attendance of the prisoner At the next term.
Mr.. O. Conor.-We can meet that question
as 10 bail.
Mr. Chandler THAT is in the discretion of
the Court. / may remark, in order TO avoid
embarrassment i'll the future, that the Go
yernment would run no risk by requiring some
of the sureties to be residents OF this district;
while, on the contrary, there might be diff
Guilty. We would be certain, in case of non
attendance, without having to enter suit in
Il Ill.
sponsible for the non-appearance of the pri-
Soner.
Mr. O'Conor.-On question of residence
there need be no difficulty. We will give those
who will respect their obligations.
Mr. Evarts.--We have no objection. pro-
vided the security is adequate.
Mr.. OConoy There are ten gentlemen Will
ing to 90 seculity ten thousand dollars each.
The Court said the question is whether the
offence is bailable. 1t is Il little remarkable
that in the midst of a gigantic civil war the
Congress of the United States changed the
punishment of an offence with death TO flne
and imprisonment. But, under the flrcum-
stances it was very honorable 10 the Govern
ment of the United States and exhibited its
clemency and moderation This Is fact
which relieves the present case OF every DOUBT
as 10 its being bailable. And 1T is also, in my
Judgment, eminently proper that the motion
should be treated with favor, rs the defendant
has been ready for year 10 submit his case
to the courts of the country. 1t is true the
prisoner has not until to- day been in the GUS
tody of this court. | think, however, no
person acquainted with the circums tances OF
the country would suppose the fact reflected on
the Justice of the Government. Considering
the natural effect of a great war, which dashed
all elements of society into fury, IL was not TO
be expected that the passions and preJudIces
aroused would be subdued i'll Il moment. And
il is in consequence of the prevalence of this
disturbance, and tumults which have been
abroad in the community, that the Govern
ment has felt il could not safely proceed with
this case After consultation with the highest
judicial officer, it was thought best to omit the
trial last fall. But, fortunately, we have
more agreeable aspect at the present time.
We may now hope for restored confidence and
that may not again be disturbed by vio-
lence and commotion, l think there are rea-
sonable assurances in the indications around
us that we are about TO enter on peace more
permanent than ever existed before.
/ ought, perhaps, TO state the fact that this
court expects TO be in session all this week,
and | have received a letter from Chief JUS
tice Chase intimating his mention TO come 10
this city ii any important causes are likely TO
be tried. i ought, perhaps, also to say, in jus
tice TO the District Attorney, that he expected
to dispose of this case during the present
term ! believe he was fully prepared for the
final disposition Of ii NJ this time. But l have
no doubt that grave considerations have in
duced the Government TO take different
course. So it seems the responsibility of the
trial is with the Government, and not with
the Court or the District Attorney, and no
doubt for good and proper reasons, The Go
vernment cannot complain, since the delay is
its own,
lam glad council have agreed on the amount
of bail. IL meets with the appreciation of the
Court, which will not confne the sureties TO
the district of Virginia. 1t would no doubt
be satisfactory if about half Of the sureties
be confined to the State OF Virginia. There is
no objection TO having the remainder of the
bail from other portions of the United States.