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

The Court saul 1t would llkr To HEAR lrOn lllC
roprcs natives of the tinvcrnment
Mr. Evarts said the Imprisonment WAS under the
military authority and jurisdiction Of the United
States Its duration nr the circumstances attend
ing it are not necessarily to be criticised or de-
Tended in any way. lie IS now subject tn judicial
control, and the qrc ton for ynur Honor is.
whether the prisoner shall bc let to bail. as the
learned gentleman proposes. Ii ynnr Honor so
d tcrmincs then the question arises as to what
amount, and the terms. and the division, II de
sired on which the security may be taken. The
Indictment I have been informed, is under
recent act of Congress prescribing the punish
nlcnt for treason, paSsca III ioG2 and which, iof
the first time in our legislation, has made il
proper for the court to lnfllct less than tile dcath
penalty for tn crime.
Umluuhtrlly the Government in saving To y0iir
Honor that thev ,lo not propose proceeding against
the prisoner during the present term. have pre-
scntcd proper case for the motion of his counsel.
And il is for YOUR Honor To determine OH the ilsu
nj forms in the discretion of Tic court consider
ing all the circumstances of the casc rs to the
propricty of receiving hail. The conrt has moth
ing to do with the character or motives OF the
sllrctics. 1t cond only look to what the law re,
for ,surng the presence nf the accused. do
not know that there will be any indispostiOn on
| The part of the prisoners counsel to meet tho
amount of bail vonr Honor nr the District Attnr-
marks of thc prisoners counsel. they have the
ability and disposition to furnish the requisite Sc
cnritv. As TO the question of amount it was t"r
your Honor to say what proper sum, in order t"
tho proper administration ofinsticr.
District Attorney Chandler said tho question
now presented is, whether tllc prisoner shall be
admitted to bail? The judiciary act Of l!S9 pro-
vidcs that the Supreme Court. one of the Justices
Court of the United States. may. in any ease even
in capital punishment, taking into consideration
nil tho crcum stances admit TO bail. exercising q
sound discretion. II an indictment WAS found
aranst the prisoner under law by Which he could
not be punished will, death, then. rs matter "f
right l.c could give bail. will state what sap
nose to bc y fair amount Of bail. and do sn the
more freely b;causc there has been some lit;lr
consultation in this matter. L believe tue learned
counsel associated with me VIII agree IN saving
that W, aie authorized to ask bal, in tho sum ut
! sIOO 0in. presume there will be no question a
To the amount of bail. 1t would be ca>ya qics-
ton to determine on that amount as on Sll.'hhn
Something had been said ahnut gentlemen from all
mart. of the country representing nil shat,s OF
politics. willing To enter surety l"r the appearance
of tho prisoner mt tho next term SI iras surciy v
| ship is concerned NC have no objection to take
| them. hut feel that owe duty To the (mvcln-
mcmt in asking that. in addition tn gentlemen ~
siding outside af this district gentlemen residing
| within this district shall also entor into security.
in or Ter 10 secure the attendance Of tll. prisoner
| ut the cXt term.
| Mr.. O'Conor--Wo can meet that question rs tn
| bail.
MIR. Chandler. THAT is in the discretion of the
| Cpurt I aIay remark III order To avnld cmE.r-
rassmrIt in the future. that the Government
would run no risk by requiring some OF the s'rc-
tics tn be- residents Of this district white, on tue
contrary there might he difficulty. We would be
certain in case of non-attcn'iancc, without having
to enter suit in different jurisdiction. to hold the
s,,rctcs responsible for the llo appearance ol the
| prisoner
Mr.. OConor.-On question Of residence there
need be no difficulty. We will give those who viii
| fI,.ir mill .ruf
Mr. Evarts.-We have no ollie .ton, proyidrdt. &C
security is adequate.
ir. UConor.LThere are ten gentlemen willi;sf;
to 20 security ten Thousand dollars each.
The lourt said the question il whether The nt-
fence is bail lble Ii is Il little remarkable that III
the midst of u gigantic civil war the Congress I"
| the United States changed the punishment ol al
offence with death To fine and imprlsonmrnt lilit
under the circumstances II was very II 'ilnrapie u
the Government nr Tie United States and cxlllb'
tied its clcnency and moderation. Tnia is fact
| winch relieves the present case uf every doubt as
to it's being bailable. And it is also, in my JmdS'
ment. cnincntly proper that the motion should be
treated with favor rs the defendant las beer
ready for year tn submit his ca, tn the courts n
the country. 1t il tue, HE prisoner has not unit
| ti;Wrvcr no person acquainted n;tiI the crrun
| stances uf the country wuld suppose the Fact r.
fcctcd OH the justice OF the Government Con-
| slcrng the natural eject ol great war. which
laslied all clements OF society itn Jury, II was I"
aroused would be subducd i'll IL moment. And IL Is
i'm conscu clicc Uf the prevalence OF this disturb
ancc. and tumults which have been abroad IN tho
| community that the Gnvcrnmcn: has felt II cnlIlt
not safely proceed with this case. After consua
ton viii, tho higncst judicial officer, it wa
thought best TO omit the trial last fall. But. for
tuuatcly We have Il niurC agreeable aspect mt tht
present timo. VIZ may HOW hope for restored con
lcuCu and that wu may not again lIc disturbed bI
violence and cuinmotlon. | think there are rra
the Indications around
that VIC arc abont to enter on peace more per-
mancnt than ever existed bcfort.
ourbt. ,urlaI,s to state IliC fact that t!ls cJrr
expects 10 bC in session all this week, ami hav,
received letter lum Chief Justice Chase utima
ting his intonLion 10 come to this city my npor
talt CAUSES arc likely tn bu tied. | ought, per
has. also to say, in justice tntlc District Attor
uev that he expected to dspuscuf this case during
the present term believe he was fully prepar''
| inr iuc final disuOsitinn Ut ii Al this time. Bul
have no doubt that grave considerations have Ill
Luccd the Government to take n different cnlir-r
So it seems Tho responsibility u the trial Is wll
tho tiuvrrumcnt, ami not Will th1 Court nr the
District ATTORNEY, and no tblbt for good and
proper reasons. The Government cannot CON-
plaIl since the delay il its own
am glad counsel have lgreedon the amount ol
all 1t meets with the approliiOn ut lc Court.
winch will not con:ime the surci:s tn the district
of Virginia Ii would 10 doubt be 81 isfaclori II
about half of the surcics ic COINED to tic Siltc
uf Virginia There is no ohjGci.li to having thu:
remainder If the lIa frum utlrr pnrtons "f the
United States. 1 would inquire of the counsel
; for tho !niAoncr whether l'ls sunirs arc present
to cntrr INTO rCcOSniZlllccS tn-ul.
Mr.. UConur.- They are all prei'nt.
! The Court, The gentlemen p''In-iny to oilcr
themselves will please tn come Dward.
. Mr.. OConnr, I'd lrcssing l!un"p Greeley, who
was seated next To- Augustus Scr invited him To
; present himself hc(ure the Court Mr.. Greccy
did so.
District Attorney Chandler all there were
eighteen gentlemen who would am(y i'll the sum
uf five thousand dollars each, lt~lng two others
to become sllr'tics. VIII" Would probably arrive
. this evening lie was entirely slisctl with the
list of names and tile responsibility attached To
:, them. lie askc.! the court to tar recess.
: MIR. O Conur.-I am moi 81 ccrtm they will ar
Z rive Tonight; maybe not till tomorrow.
: Meanwhile inlrmmctiUlls tn Mr.. llvis and hands
u shaking continued. and there VA; iuw mulch COM
; motion I'LL ovur lilo nri't-roonl.
ii District Attorney Chandler. [nas,nuch as
Z eighteen gentlemen have offered n;ik" nn ob-
: jrcon as I" the ilisrliIicIcl"'y nt II n'IIn''tr
i Mr.. OConur. Nc ar" wi!t!melur Two gentle
T. mcl, and !. Nlh Yc waiting, trnty others are
u willing tn take tlIcir places
c The names of thu surctie We're called.
: and they repaired To the Clerks di and signed
y the following paper
IS The condition of this rocosnzaIr is srci that
l. If the sad Jclirr-,n Davis >Iall, iinrnpcr person
we'll and truly appear al lil.' Circlii Court of the
Cnitc,l States for the district Of ;yiuia, to bc
! held ut Iii ,hmnI III tie suId ttrlct on th.
: fourth Monday ur November next, thc opening
ur tl;, cu,;t IN, riiat day. and hcn., there ap-
10 pear from day o,!ay aTd stand to bla an, per-
J. form Whatever shall br then and the ordered and
! adulgc,l i'll respect to linn with i'll court and
J. not depart from the ialIl Courtwllhout Inc
Is leave Of the said court in tint beha first had a
II cltancti. then the said rccognl2rr to become
T. void otherwise to remain IN Iu fnr.
c Taken a,d acknowledged tins tlrrcnt! day -!
u May lSGI. ..,.,.,,,.
'e Slsnrdl JEftEkoN DAVIS.
ic IlnfACE GREELEY. New Y"rl
Is AUGUSTUS SCIIELL. New lol
Ot AEISTlpES WELSH. PhlatlclLa.
" DAVID X. JACkAlAN. Phila leila.
ii W. II. NIACFARLAND. EIrmu:.
rs RICHARD BARTON hAAALL. iciImond.
~ ISAAC pAIENrOur Ricimon
lc ABRAHAM WARWICK, Rchmcl.
10 GUSrAYUS y. MYERS, kiclImCi
ry WILLIAM ". CRUMP, Ricinno
IT. JAMES LYONS RIclnon;l:
%. JOHN j. MEREDlIl, Richlnor
H..