The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1867-05-24

wav. He is now subject to judicial control,
aud the Question for your honor Is whether
the prisoner shall be let to bail as the
learned gentleman proposes. 1t your honor
so determins, then the question arises as to
what Amount. and the terms. and the divis.
ION, If desired, on which the see1rity may
be takenud dThe,indietment / am informed
is under recent act of Congress, prescrib-
ing the punishment for treason. passed In
1862, and which for the first time in our
legislation has made it proper for the court
to irl(lict less than the death7 penalty for the
crime, Undoubtedly the Government in
saving to your honor, that they do not pro.
nose proceeding against the prisoner during
the present term. having presented proper
case for the motion of his consul, and it is
for your honor to determine on the usual
terms, in the discretion OF the court, con-
sidering all the circumstances OF the case,
as at the propriety of receiving bail dThe
Gpurt has nothing to do with the character
or motives of the surities. 1t can only look
to what the law requires with regard to pc
cuniary responsibility, and for securing the
presence of the accused | do not know
that there viii be any indisposltion on the
part of the prisonersssc counsel to 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 disposition to furnish
the requisite security AS to the question
of amount, it is for your honor to say what
is a proper sum, in order to the proper ad-
ministl alton of justice.
District Attorney Chandler said !: The
question now presented is whether the pris-
oner shall be admitted to bail. The Judic-
iary act Of 1889 provides that the Supreme
Court, or Judge of District Court of the
United States, may in any case, even in
capital punishment, taking into considera-
ton all the circumstances, admit to bail,
exercising a sound discretion. If an in
dictment was found against the prisoner
under a law by which he could not be pun
isked with death, then as matter of right
he could give BAIL | will state what [
think to be fair amount of bail !; and
do so the more freely because there has
been some consultation in this matter. |
believe the learned counsel associated with
me will agree to ask bail in the sum of one
hundred thousand dollars. | presume
there will be no question as to the amount
of bail; it would be as easy question to
determine on, that amount as on $4,000
Something has 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 suretyship is con-
bened, we have no objection to take them !;
but / feel that owe duty to the govern
mcnt in asking in addition to gentlemen re-
siding in this district shall also enter into
surety in order to secure the attendance of
the prisoner st the next term. s-z1s
Mr.. 'Conor-We can meet that ques-
ton as to bail. @
Mr. Chandler-That is in the discretion
of the Court. / may remark, in order to
avoid embarrassment in the future, that the
government would run no risk by requiring
some Of the sureties to be residents Of this
district; while, on the contrary, he would
be certain, in case of non attendance, with
out having to enter suit in different juris-
diction,, to hold the sureties responsible for
the non appearance of the prisoner.
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 objections
provided the security is adequate.
Mr.. Conor-There are ten gentlemen
willing to 90 security ten thousand dollars
each. -. .re r ..e
TIE Court said The question is whether
the offense is bailable. 1t is little remark
able that, in the midst Of a gigantic civil
war, the Congress of the United States
changed the punishment of an offence with
death to fine and imprisonment, but under
[ the circumstances it was very honorable tt
the government Of the United States, and
exhibited clemency and moderation. Thi:
is fact which relieves the present case q
every doubt as to its being bailable, and il
is also, in my judgement, eminently proper
! that the motion should be treated with ia
vor, as the defendant has been ready for a
year to submit his case to the courts of the
country. 1t is true the prisoner has, unit
| to day been in the custody Of this court
| | think, however, no person acquainted
with the circumstances Of the country
would suppose the fact reflected on tht
justice Of the government, considering the
national effect Of a great war which lashe
all elements of. society into fury. 1t was
not to be expected the passions and preju
dices aroused would be subdued in a mo-
ment, and it is in consequence of the pre-
valence of the disturbance and tumul
which havc been abroad in the'communit.
that the government felt that it wa
not safe to proceed with this case. Afte
. consultation with higher judicial officers i
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, W
/ may not be disturbed by violence aud com
motion. | think there are reasonable assur
ance in the indications around US that W
are about to enter on peace more perma
1 nent than ever existed before. / ough
perhaps, Estate the fact, that this Cour
expects, to be in session all this week
and have received a letter from Chief
Justice Chase intimating his intention tt
come to this city if any important cases ar
likely to be tried. / ought, perhaps, ais
! to say, in justice to the District Attorney
that he expected to dispose Of this cas-
during the present term. | believe he wa
fully prepared for the final disposition of
at this term, but ] have no doubt tina
grave considerations have induced the gov
erninent to take different course, So j
seems the rcsponsil ility of the trial i
with the government, and not With th
4 Court or the District Attorney, and n
doubt for good and proper reasons. Th
! government canhot complain since the de
( lay is its own. | am glad counsel hav
agreed on the amount of bail. 1t meet