The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1867-05-22
lMnIcI,L fMrSrEREED.

The full report OF the proceedings OF the
United States District Court at Richmond,
upon the return of the writ of habeas corpus
issued at the instance of JEFF Davis, shows
that the aimable Judge was in most conci-
liatory and beatific mood. Justice is gene
rally represented as not only blind but
blindfcld. She sees nothing. Her duty is
to hold her scales steady. and not to permit
right to be overweighed. But Justice, look
ing through the spectacles of Judge Under
wood, has been vision, and perception of
where it will be pleasurable to unbend from
that impartiality which is said to be the
most conductive to her dignity. Under
wood determined to go through his share of
the performance with the dignity of schol-
ar and the politeness CT a gentleman. Moth
ing could more intimately blend the some
times strangely differing duties of the Judge
and the panegyrist than his graceful recog-
milton of the fact that, beside the traitor and
his counsel, there were several United States
officers in court. Recognizing the impor-
tant fact, and submitting with pleasure to
the fascination of shoulder straps and but
tons, the Judge, in well considered SEN
tence, in which we detect the uncompromis-
ing idea of duty which would distinguish
Coke softened down by the sauvity of a
Chesterfield, is reported to have said =
"The court is honored, on this occasion, by
the presence of SO many of the nations no
blest and bravest defenders, that the usual
morning routine will be omitted"
Schofeld, and Granger, and Burton, who,
as representatives of the military branch of
the nations power, appeared in the character
of $50 many of our nations nOblest and
bravest defenders" must have been highly
flattered by thisvery pretty, but, unfortunate
ly, not original compliment; and, if they
did not take off their caps and bow low to
the bench, it must have been because there is
no army regulation yet issued by the War
Department to declare what shall be done
by brave defender when in such an embar-
RAISING position.
Two of these officers fortunately escaped
the necessity of further bushes, but General
Burton had the unhappiness of being sub
jected to new causes of confusion. In obe-
dience to the command OF the writ of habeas
corpus he made the usual and formal return.
This simple act seems to have inclted in
Underwood fresh desire to say something
sweet and pleasant Poor Burton was over
whemed by compliments from the bench
for merely doing what he could by NO means
avoid. The admiring Underwood thus de-
livered himself
"The return is explicit and satisfactory.
General Burton receives the thanks of the
court for this prompt and graceful obedience
to its writ. He has thus added another to the
many laurels he has gained upon the battle
fields of the country. He has illustrated the
manly qualities of the soldier of the United
States, for courage in the face of danger is
not more becoming than ready recognition
of the claims of peace when the danger is
passed. General Burton is now honorably
relieved of the custody of the prisoner, who
passes into the custody of the court under
the protection of American Republican law.
If the laws are silent in arms, they should be
trumpet-tongued and omnipotent in peace. ="
Only think of this! Disgrace, fine, i'm
prlsonment, penalty, are all menaced in the
writ of habeas corpus against the person to
whom it is addressed if he disobeys it. In
addition, the prisoner in this case was at
| command Of the President, who is General
Burton's superior officer Had the latter
been commanded to Withhold Jefferson Davis
he would doubtless have done so, and defied
Underwood to take him, except by siege of
Fortress Monroe But he is directed to
give him up to a United States Marshal
He obeys, and Underwood, who happens to
be an officer of the same government, by a
happy forgetfulness of the real features of
the case, assumes-most imaginative man
that the matter is merely question of po-
likeness and gentlemanly action between
General Burton and himself In contest
of this sort the Judge, in earnest effort fol
the honor of the black cloth, will not allow
it to be outdone in civility by the blue
Hence, the genteel suggestion, that the re-
turn to the wit is prompt and graceful
Hence, the imposing novelty of the idea
that the laurels of soldier are to be added
to by making return to writ of habeas
corpus. We fear that some of our most dis
tinguished officers are without this green
glory in the cbaplet of honor. We do not
believe that Grant or Sherman made re-
turn to a writ of habeas corpus during the
whole war. We doubt if Sheridan had an
opportunity to complete his fame, supposed
to have been nearly finished at Five Forks,
by polishing it off with a writ of habeas cor
pus. We cannot decide whether General
Burton is to be congratulated upon thi:
cheap method of deserving promotion OF not
Of course it is great satisfaction for any
to receive the congratulations of such rart
judge as Underwood; but whether the envy
which such distinctions must create in the
minds of others is not an Offset to the honor
able mention, is what might give the boltlesi
cause for hesitation, and compel him to de
eide that it ia better to bear the ills we have
than to stem the doubtful and ungrateful
future Philadelphia Inquirer.