The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-05-10
THE CASE OF JEFF. DAVIS.
Real Meaning Of the Recent Movements
THE Question of Admission 60 Bad
UnwOTthY OnsIderatLOn.

Unworthy Consideration.
WASHINGTON, May 9.-The writ of hdbe1s
corpus in the case of Jefferson Davis MS sent by
the stupid Associated Press agent at Richmond,
bears the construction that it was issued by
ChietJustice Chase, which is not the case. A.
Writs of the Circuit Courts OF the United Staes
run In the name of the Judge of the Supreme
Court of the Circuit, and the District Judge, IN
the absence OF such JUDGE, is clothed with hls
powers. 1t thus happens that the writ bears
the name of ChiefJustice Chase. when, as
matter of fact, 1t was issued by Judge Under
wood, acting as Circuit Judge in the absence OF
the Chiet-Justice.
Whatever may be alleged to the contrary, the
latter has thus tar taken no part, judcially, 10
this matter. The writ of habeas corpus was
yesterday afternoon delivered to John Under
wood, the United States Marshal for the District
OF Virginia, who will on Friday proceed to For
tress Monroe, and on the afternoon of that day
served II upon General Burton, commanding
the tort. WI the act of such service the fuuc-
tons OF all civil officers cease until the BODY
has been produced in the Courtroom. General
Burton having been instructed to obey the writ,
the bringing OF the prisoner to Richmond, ami
MS custody during the hearing OF the matter
l. entirely within the province of the military
Authorities.
General Burton will, of course act under the
orders OF General SChOHeld, and the latter has
not, in any way, intimated when or how the
prisoner viii be brUueht to Richmond; but as
he has no suitable place for the detention Of his
charge, it is probable that Davis will be detained
at the fort until the last moment, and hence he
will not arrive in Richmond until during the
night OF uDday. Where DAVIS will be detained
while there awaiting action upon the writ, is
not divulged, but it is we'll known that the
United States has not in that city anything in
the shape OF prison except the famous Ltoby.
There are in the Custom House, however,
various rooms unoccupied that might be tempo
rarily used Tor the purpose.
The Oooy of the prisoner being produced in
Court the first obvious step is the return OF
General Burton to the process of the Court,
which OF course, cannot be anything else than
that he holds the prisoner by order of the Pre-
sident OF the United States as military pri-
soner and the question then will be is that a
legal cause for detention. If the Government
SO chooses, it can even then, through its law
officers, insist upon the sutciency of the return,
and the remahding OF the prisoner to the Gus
todY OF General Burton; but the event will more
likely be that this defense will not be made.
The Court will hold the detention illegal, and
order the discharge of the prisoner, who will at
once be arrested by the United States Marshal,
upon the NoTlolk Indictment for treason or let
go free. II arrested and not tried at once, JEFF
terson Davis merely exchanges the comfortable
quarters OF Fortress Monroe for the hardshiDs of
Libby or the Virginia Penitentiary. for the
question of admission to bail is hardly worthy
OF consideration.
SECOND DESPATCH.
/ have received information from the most
authoritative source, that modides the former
dispatches to some extent. While JEFF. Davis,
as a matter of law, will renal in the custody of
General Burton until after the judgment OF the
Court is rendered upon the sufficency of the re-
tuln to the writ of hdbeds corpus, it will be pro-
posed, and the military will consent that the
United States Marshal shall be responsible for
the prisoner. This being so, Marshal Under
wood Will leave Fortress Monroe Saturday
morning with Mr.. Davis, upon the regular river
steamer, which arrives at Richmond early in the
afternoon. The Marshal and his prisoner will
proceed at once to the Spotteswood Hotel, where
Mr.. Davis will be provided with quarters until
after the hearing of the return upon the writ of
hdbeds corpus. 1t is stated and has been tele-
graphed North, that the Government IS pre-
pairing quarters for the prisoner in LIBBY Prison,
which is not true, as the arrangement to keep
him at the Spottswood has been definitely
settled.
To-day Judge Underwood announced in Court
that owing to the limited space of Cne Court
Room, on Monday tickets of admission would
be issued to the bar, the members of the press,
and such others a. the capacity of the room will
allow and only those holding these tickets
| wonld be admitted. While Mr.. Davsis at the
| Spotteswood he will be practically a prisoner,
| and will be permitted intercourse with all whom
| he may desire to see, but no such thing as a
public levee win be allowed. Davis will not
himself desire anything of the kind, but the eX-
uberance Oft this people might attempt to force
| it upon him. Y. Times.