Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1867-05-23

, MAY S3, 1867.
District of Virginia, at the next term thereof at
Richmond, in said District, on the second Monday
of May, 1867, at the opening of the court on that
day, to do and receive what shall then and there
be considered concerning the said Jefferson Davis.
Witness, Salmon P Chase, our Chief Justice Of
the Supreme Court Of the United States, this lst
W. Il. BARRY,
Clerk of the Circuit Court of the Uuited States
Mr.. Chandler presented the return of General
Burton, renouncing further custody of Mr.. Davis
and delivering him to the court, as follows
In obedience to the exigency of the within writ
I now here produce before the within named Cir
cult Court Of the United States for the District Of
Virginia, the body of Jefferson Davis at the time
Of the service of the writ held by me in imprson-
ment at Fort Monroe, under the military authority
of the United States, and submit and surrender
the said Jefferson DAVIS to the custody, jurisdiction
and control Of the said Court as / am directed to
do by the order of the President of the United
States, under date of May l, 1867.
., 81. s. BURTON,
Col. Fifth Artillery, Brevet Brig. Gen. U. s. A.
On the reading Of the return as above, Mr.. o.
Conor said that its terms were such as to exclude
all prior questions as to the legality of the impris-
onment to which Mr.. Davis had been subjected.
His discharge from that imprisonment was by the
paper complete, and superseded all inquiry. He
had been advised, however, that this Court had
instituted proceedings against the prisoner, and
contemplated further action. Mr.. Davis and his
counsel were here to respond to any legal demand
but it was for the government to take the lead In
any proposed action.
The Judge said that the return of General Bur-
ton was explicit and entirely satisfactory, and pro
eeeded to pass high eulogy on that officer for his
graceful and prompt obedience to the law He
concluded by ordering warrant of arrest to be
served on Mr.. Davis under the indictment found
against him in this Court in May, 1866.
The Marshal proceeded Immediately. to execute
the warrant. Advancing to Mr.. Davis seat, he
presented it to him. Mr.. Davis courteously re-
ceived it and handed it to Mr.. O'Conor.
General Burton then made some remarks, most
ly inaudibe, thanking the Judge for the compi-
ments passed upon his discharge of duty.
MIR. O'Conor then stated that his client was in
Court and ready to conform to whatever the Court
might order and the laws justify The party i'm
pcated was not the one to lead off in the proceed
ings, but he was here ready to respond In view
of the long imprisonment to which his client had
been subjected he was naturally desrousthat there
should be no unnecessary delay. He acknowledg.
ed the Indictment and the service of the warrant Of
arrest. There was no technical difficulty OF that
sort. He is now ready to respond and willing to
be called -
Mr.. Evarts rose, and briefly stated, in behalf Of
the Government, that it was not intended to enter
upon the trial at this term Of the Court
Mr.. OConor said that that decision of the Gov
ernment throws upon the prisoners counsel the
duty of presenting some facts and views to the
Court. Mr. Davis has been imprisoned long
time. His imprisonment dates back to the 10Th
of April, 1865. He has been under indictment
since the month of May, 1866. Mr.. Davis has
been all the time ready and anxious for trial and
particularly for the last twelve months. He has
ever been exceedingly anxious to receive the ad-
vantages and enjoy the rights go handsomely eu..
logized by the Judge in his remarks to General
Burton. Mr.. OConor asked for his client aust,
equal, fair and benign administration of the laws.
An appeal may fairly be made to the Court to a
dopt mild, precautionary measures for all the pre-
minares to trial are but precautions to secure the
presence of the accused when the question OF his
guilt or innocence comes fairly before the Court.
The Constitution to which we all profess allegiance,
and for which we hoped all felt reverence, enjoins
the speedy trial of accused persons. He did not
pretend that speedy, necessarily means immediate
trial Government is entitled to all necessary and
reasonable delay He did not complain of the de-
lay which had taken place, or Of that which was
now contemplated. His respect for the authori-
ties of the Government constrained him to pre-
sumo sum that both were for adequate reasons But
he desired the court to consider that the gentleman
concerned was not remarkably young or remarkable
for physical vigor and that bis health has suffered
from Imprisonment, and will probably suffer still
more if it be further protracted He is prepared
to offer to the court security for his appearance, in
any amount which may be demanded. Gentlemen
from all parts of the country, and of every shade
of respectable opinion, are ready to unite in this
security. Gentlemen who are opposed to the acts
of Mr. Daviss whole public LIFE are ready to enter
into the engagement from their interest in the
the national honor at stake.
| Mr.. O'Conor accordingly made application for
the privilege of bail for his Client asking that he
might not by its REFUSAL be subjected to that most
cruel mode of taking life, that severest and most
CALLING of punishments, death in o dungeon by
confinement. Those who, while differing from Mr..
Davis yet offer to become his suretes, are entitled
to peculiar consideration for their act bears testi
mony that they know him to be man of honor ;
and they are willing to pledge their whole estates
that he will keep his word. On that future day
proceed with the trial. Mr. Davis will be present to
respond, without the necessity of subjecting him
meanwhile to the tortures Of imprisonment.
MIR. OConor further remarked that while ready
to give bail in any amount, he did not think itright
that the government should exact excessive bail
Fair, respectable, suitable bail, he supposed
satisfy the government This he now proposed to
gve and left it to the Court to indicate the amount
Mr. O'Conor, in conclusion, remarked in refer
ence to his comments on the pains of imprison-
ment suffered by Mr.. Davis, that since he had been
under the custody Of General Burton, he had had
as few pains and as little suffering as were consis-
tent with imprisonment General Burton was
soldier and q gentleman, and had deported himself
accordingly towards his prisoner. He had no OBJ
servations to make as to others who had previous
ly held the same post.
Mr.. Evarts, for the government, said, that MIR.
Davis imprisonment had been under the military
authority of the United States and the clrcumsan-
ccs which had attended it, were not subjects Of in
quiry or consideration here. He was now under
judicial control, and the questions for the Court
are, Shall he be baed and if so, in what amount?
The Indictment which had been found against Mr..
Davis was under the recent law Of Congress-the
statute Of 1862 BY that law the crime with
which Mr.. Davis is charged had, for the first time
less than the death penalty attached to it. The
case therefore, offers proper occasion tor an ap-
plication for bail. The gravity of the offence
charged being understood, and the circumstances
of the particular case being understood, the case
was one for the discretion Of the Court. The per-
sonal character of the securities offered had moth
ing to do with the question. Security, such as
would satisfy the law, was what the Court must re-
uuire. IF bail be allowed, it should be neither ex
travagant nor unsuitable. The peculiar opinions Of