The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-14


fSeprsssnang every shade Of opinion; gentlemen
vho becoming security for him. would profess but one
sentiment and that not for him personally who are
averss TO the political views which have distinguished
his life in every respecs, but who. nevertheless feel
great interest in the honor and dignity Of the American
people and In the American republic, and fear that tho
punishment of DEATH the absence OF trial. would re-
suit from his longer imprisonment say, then, this
kind Of assurance be given and IS that class, who
differ 50 widely in opinion, willing 10 give this So
cuy order show their respect for him personally
il furnishes the best proof that they believe he win APP
pear before you whenever required To this they are
willing pledge their whole estates These remarks
to express to your Honor that ready 70 give
bail thai future day Mr.. Davis will be ready ap
pear, without in the meantime being held prisoner
Fair reasonable ball. such may b enacted In ordi-
nary cases, ready 10 furnish. As the trial
must lie over the ensuing summer-as the prisoner has
not necessarily to be criticised defended In any way
he u subject 10 Judicial control the question
for your Honor u.s. whether the prisoner shall be lot
bail, as the learned gentleman proposes II your
Honor determines then the question to what
amount and the terms, and the division, II desired,
which the security may have been much reduced by I'm
prisonment move, Honor to accept ball for him.
This You will Of course do, either your own judgment
consultation with other officers Of the government
as TO the amount have spoken on tho pains Of i'm
prisonment Every freeman win understand that any
imprisonment OF free born American must carry OPP
preston with it. far there long period Of i'm
prisonment Certainly, during the time Mr. Davis was
under the direction and custody OF that gallant ocer TO
whom you paid SO just . compliment that imprison-
ment has had few pains and little suferngs ~
could be expected under the circumstances He was In
the hands Of soldier and gentleman. do not allude
TO other times but speak to what Is before JEFF
fsson Davis s under your exclusive direction
and ask that hs have the liberty Of free ocomotion
until you are prepared TO try him. al aas sa
The Court said it would like hear from the other
side.
Nj. Evarts said The imprisonment was under the mill
tary authority and Jurisdiction Of the United States lie
duration, the circumstances attending are 70 DO
taken. The in dctment, am informed ia under .
cent act Of Congress prescribing the punishment for
treason passed in 1892 and which for the st time in
legislation has made II proper for the Court 70
innct less than the death penalty for the crime. I'm
doubtedly the governments in saying 70 your Honor
that they do propose proceeding against the pris
during the present term, have presented proper
for the motion Of bis counsel and II is for your
Honor determine the usual terms In the discretion
of the Court considering al the circumstances Of the
case, to the propriey or receiving bail. The Court
han nothing TO do with the character motives Of the
suresiss It could only look 70 what the law requires
with regard to pecunary responsibility and for insuring
the OF the do not know that there
viii be any indspostion the part Of the prisoners
counsel meet the Of bail your Honor Or the
District Attorney may think suitabe Indeed from the
remarks Of the prisoners counsel they have The ability
and disposition to furnish the requisite security As to
the question of amount II was for your Honor say
what was the proper 10 order to the proper admin
istrAtion Of justca feaslt hs' s...s 80
District Attorney Chandler said-The question nov
presented is whether The prisoner shall DO admitted 70
bail The Judiciary act of 17se provides Aas the
Goprsms Court, - Judge Of District Cosrs Of the
United States, may IA any case, N capital punish
ment taking into consdsrsnoa al the circumstances,
admit 10 bail, exercising sound discFsaior ~ = IN
dicsment was found against the prisoner under law
By which he could be punishd with death, then
matter Of right he could give bail Twill state what
think TO BE- fair amount Of bail, and do the more
freely thsre has been consultation this
matter 4 believe the learned counsel associated with
me win agree 70 ssk bail In the or 100000 Ipre-
sumo there viii DO no Question the amount Of bail
Il would b y coy question " dssernine on tha
amount a. on $1,000 Something has been said abou
gentlemen 5ron al paris Of The country, rspressntini
I'll shadss Of poos willing 70 enter surety for tho a
psasancs Of the prisoner ~ the next tsrm 30 FAR
suresyship 10 concerned have objection 70 take
them; but fsel that duty 70 the govsrnment
FIN asking. in addition 70 gentlemen residing outside OF
this district thai gentlemen residing In this district shall
also into security n order 70 secure The aendasce
Of tho prisoner ct the next term
Mr.. O'Conor-we meet that question ae 70 bail
Mr. Chaudlsr-That 10 in the discretion OF the Cour.
may remark 10 order 70 avoid embarrassment in the
future that the government would risk BY TO
curing some OF the be residents Of this dis
tric while, the contrary, We would be certain, in
case Of onaitendance, without having to enter suit in
different Jurisdiction to hold the sureties responsible
| for the non-sppearance Of the prisoner.
Mr.. O'Copor-0n question Of residence there need
be no di1nculty We win give those who will reepcc
their obligatona
| Mr. Evars-we have no objections provided the
| risy 10 adequate.
Mr. oConor-Tbere Ton gentlemen willing 70 e
security ten thousand dollars each. 49,
| ,ns co5i7 lafsk q Efn aAu-
The Court sad-rhe question whether the offence ID
baiIabla II lie ltsle remarkable that 10 the midst Of
gigantic civil the Congress OF the United States
changed the punishment OF offence with death 10 hns
and Imprisonment; but under the circumstances IL VA.
very honorable the government Of The United ssaes
and exhibited clemency and moderation This s fact
which relieves the present OF doubt TO lie
being bailabie and II also in my Judgment smincnty
proper hss the motion should b treated with favsr ~
the defendant hes been ready for year 70 submit his
tho Of the country II s true the prisoner
has until to-day been in the custody Of this court
think, however person acquainted with the circum
stances Of the country would suppose the fact reflected
the justice Of the considering the nasiona
effect OF . great which dashed all elements
| Of society into fury. II was not 10 be expected
the passions and prejudicss aroused would b
subdued in moment and Is In consequence o.
tho prevalcncs Of the disturbance and tumul'
which have beeu abroad I'm the community that The
governments felt that was not safe proceed with This
After consultation with higher judicial officers
was thought best 10 omit the trial last fall but fortu
natsly We have more agreeable aspect at the present
time. We may now hope for restored confidence and
that We may not be disturbed by violence and commo
ton. think there reasonable in the In
dications around MS that about 10 enter on q
peace more permanent than ever existed before.
ought perhaps state the that this Court expects