The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-05-21
.UDICIaL CHESTERFIELD.

4 uDICIsL CHESTERFIELD.
eli renort of the proceedings OF the
! ny States District Court at Richmond,
NV l,r the return of the writ OF habeas corpus
uPond .t the instance of jeff Davis, SHOWS
Isl tbe aimable Judge was IN q most cohci-
, t"'t[ and beatitic mood. Justice Is gene
raIIv represented as not only Dhna pet
hiindfcld She sees nothing; her GUY Is
- hold her scales steady. and not 10 permit
10 ,n htl to he oyerweighed. But Justice, leok-
t75n thronnh the spectacles of Judge Under
'is has been vision, and perception OF
MT TOre if will be pleasurable to unbend from
WIZ ;,,nartiaIity which is said to be the
tnS .t l copductive to her dignity. Under
mos determined to go through his share of
wow W." rorformance with the dignity of schol-
lno oppJ the politeness of a gentleman. Moth
al "n could more intimately blend the some
my oS strangely differing duties of the Judge
'i .I the panegyrst than his graceful recog-.
ai .nn If the fact that, beside the traitor and
~ counsel there were several United States
HIS G;sarS in court. Recognizing the impor-
olnt t f,ct and submitting with pleasure to
TAM ,scnation of shoulder straps and but
the no Judge. in well-considered SEN
IONS, in which we detect the uncompromis-
tcll' Loo If duty which would distinguish a
l ny. l,' Sotened down by the sauvity of
Cl, ohU is reported to have said -
on.Ss' an,rt is honored, on this occasion, by
~ NJ eroSence of so many of the nations no.
.no and brayest defenders, that the usual
p'osr routine will be omitted"
mo Sahofe]d and Granger, and Burton, who,
ronresentatives of the military branch of
d. ID npptions power, appeared in the character
~ $50 many of our nations noblest and
Ir,rest defenders must have been highly
catered by this very pretty, but, unfortunate
r.. MT original compliment; and, IT they
IA NOT take off their caps and bow low to
tLo honch. it must have been because there is
,o army regulation yet issued by the War
Donortment to declare what shall be done
", . brave defender when in such an embar-
Two of these officers fortunately escaped
+br necessity of further bushes, but General
burton had the unhappiness Of being sub
;octed TO new causes of confusion. In obc-
hence to the command of the writ of habeas
cornus he made the usual and formal return.
This simple act seems to have melted in
Underwood fresh desire to say something
cwect and pleasant. Poor Burton was over
whclmed bv 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 tanrels he has gained upon the 6attI0-
tells Of tile 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. u
Only think of uhisl 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
Burtons 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 United States Marshall
He obeys. and Underwood, who happens tc
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 ciyility by the blue
Hence, the genteel suggestion, that the re
turn TO the wit is prompt and graceful" y
Hence, the imposing novelty of the idea
that the laurels of soldier are to be added
to by making return to a writ of habea:
corpus. We fear that some of our most dis
tinguished officers are without this greer
glory in the chaplet of honor. We do no
believe that Grant Or Sherman made re
turn to a writ of habeas corpus during tn
whole war. We doubt if Sheridan had ar
opportunity to complete his fame, supposed
to have been nearly finished at Five Forks
by polishing it off with writ of habeas cor
pus. We cannot decide whether General
Burton is to be congratulated upon this
cheap method of deserving promotion or not
OF course it is a great satisfaction for any
to receive the congratulations of such a rare
judge as Underwood; but whether the envJ
which such distinctions must create in the
minds of others is not an offset to the honor
able mention, is what might give the bodies
cause for hesitation, and compel him to de
eide that it is better to bear the ills we hav
than to stem the doubtful and ungratefu
future.-PhiladelphiG Inquirer.