Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1867-06-08


of Justice required at this time,
Mr. Chandlor-Mr, Davis having
passed from military Imprisonment
10 the control and custody OF this
Court, and as nm Indictment is pend
ing against him aud he is now un-
der arrest, II only remains for mo
in behalf ofthc Government, TO say,
IL is not It's intention to prosecute
the trial ofthc prisoner ut the pres
ont term of the Court,
Mr. O'COnnor-'rhc condition OF
this case throws upon MS the duty
of presenting TO your llonors con-
sidcration, somc of tho circumstan-
ccs attending it, Jefferson Davis
has been imprisoned and in the
power Of the Government, so that
any steps thought eXpcdient, just
and consideratc with sound policy,
might have been taken against him
n very long time ago. His impris-
onment commenced on the 10Th OF
April, lS6j.-ln this court, an in
dictmcnt was presented against him
in May, 1866. Mr.. Davis has been
at all times since his Imprisonment,
and particularly during the last
year or more of that imprisonment,
exceedingly anxious to meet the
questions arising on any indictment
that might be presented.
| did not come here to assert that
n speedy trial means instantly, nor
to assert that the Government has
not on this, as on all other occasions,
had reasonable time to prepare for
trial. | do not assert that considc-
rations of policy and convenience
may not have had their full weight,
although they may bear oppressive
ly on the individual. l do not
complain that tho Government has
failed to prosecute last year, or de-
ferred action until the present year.
! might say any amount of securi-
ty for the appearance of the prison
er can be furnished, We can fur
nish-such pledges from gentlemen
in every part of the country, of
every party, representing every
shade of opinion. Gentlemen, who
becoming security for him, would
profess but one sentiment, and that
not for him personally, Who are
aversc to the political views which
have distinguished his life, in every
respect, but who, nevertheless, feel
great interest in the honor and
dignity of the American people,
and in the American Republic; and
fear that the punishment Of death
in the absence Of u trial, would re-
suit from a longer Imprisonment.
Certainly during that time Mr.. Da.
Wis was under the direction and
custody Of the gallant officer to
whom you paid so just n compli-
ment, and that imprisonment has
had as few pains and as little suffer
ings as could be expected under the
circumstances, He was in the
hands of soldier, and gentleman.
| do not alludo to other times, but
speak as to what is before us.
The Court said it would like to
hear from the other side.
Mr.. Evarts said the Imprisonment
was under the military authority
and jurisdiction Of tho United
States. It's Duration or the circum-
stances attending it arc not ncces-
sary to be criticised or defended in
any way. lie is now subject to
judicial control, and the question
for your Honor is whether the pris-
oner.shall bp let to bail, as the learn
ed gentleman proposes.
| believe the several counsel as
sociated 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. 1t would be as. easy n
question to determine on that a
mount as on $4,000. Something
has been said about gentlemen from
all parts of the country, represent
ing all shades of politics, willing to
enter surety. for the appearance of
the prisoner at the next term.
Mr.. O'Connor-Thero arc ten
gentlemen to 60 security, ten thou
sand dollars each.
The Court said the question is
whether the offensc is bailable. 1t
is little remarkable that in the
midst of a gigantic civil war the
Congress of the United States
changed the punishment of an Of
fence with death with fine and i'm
prisonment, but under the circum-
stances it was very honorable to
the Government of the United
States, and exhibited clemency and
moderation. This is fact which
relieves the present case of every
doubt as to its being bailable, and
it is also in my judgement eminent
ly proper that the motion should
be treated with favor. as the defen-
dant has been ready for year to
submit his case to the Courts of the
country. 1t is true, the prisoner
has not until to day been in the
custody of this Court. / think,
however, no person acquainted with
the circumstances of tho country
would suppose the fact reflected on
the justice of the Government, con-
sidering the national effect of a
great war, which lashed all elements
of society into fnFy. i. was not to
be expected the passions and preiu-
dices aroused would be subdued in
a moment; and it is in consequence
of the prevalence of the disturbance
and tumult which have been a.
broad in the community that the
Government felt that it was not safe
TO proceed with the case.
After consultation with higher
judicial officers, it was thought best
10 omit the trial last fall but, for
~ l.