Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-05-17

s.u1ne" is mo- a. Every respect, but who, never
nifty OF the American people and in the America
Republic, and fear that the punishment ~ daatI
nn me absence OF tT1al, would result from his
long imprisonment. say, then, this kind Of os
surance can be given. And as that class who dif
Ter SO VIDE In opinion are willing to give this Sc
curlty IN order to show their respect for him nor
sonally, 1t furnishes the best proof that tbay "a
lieve he will appear before you whenever reoniroG
To this they are willing to pledge their whole es
tates. These remarks are to express to vonr NJ
or that we are ready to give bail At a futnra J
Mr.. Davis will be ready to appear, without in thy
meantime being held prisoner. Fair reason l rro
bic bail, such as may be exacted in ordnarv "oa
we are now ready to furnish As the trial nmTe3I,
over the ensuing summer, and rs the prisoner b 90
been much reduced by imprisonment, Imove vnnr
Honor, TO accept bail for him, This Won viii u f
course, do, either on your own indgnant 49, Vi
consultation with other officers eff tho Goyor IN
ment, to the amount. N0'oiH-
have spr ken OF the pains of imprisonp,an+
Every free man will understand that 49, -,
prisonment of q freebOrn American must CO. -.
oppression with it. So far there was lone nc,
Rod of imprisonment, certainly during that 1;pmo
Mr.. Davis was under the direction and cnstodt, ~
the gallant officer to whom you paid soiust c6n.
pliment and that imprisonment has had as few
pains ana as little suffering could be expected
under the circumstances. He was in the hands
of soldier and gentleman. | do not alnde 70
other times, but speak as to what is before Ms =
Jefferson Davis is now here under vour exclusive
direction, and ask that he have the liberty Of
free locomotion until you prepared to try
him.
The court said it would like to hear from
the other side.
MIR. Evarts said the Imprisonment was under
the military authority and jurisdiction of the Uni
| ted States. It's duration the circumstances at
tending 1t, not necessarily to be criticised or
defended in any way. He is now subject to judi
cial control, and the question for your Honor is,
wheiho the prisoner shall be let to bail, as the
learned gentleman proposes. Ii your Honor so
determines, then the question arises as TO
what amount, and the TERMS and the division, If
.irOI U+i,ia oil
Indictment, have been informed, is under a re-
cent act of Congress, prescribing the punishment
for treason, passed in 1862, and which, for the
first time in legislation, has made it proper
for the court to nfct less than the death penalty
for the crime.
Undoubtedly the Government in saying to your
Honor that they do not propose proceeding against
the prisoner during the present term, have pre-
scented proper for the motion of his coun-
sci, and it Is for your Honor to determine on the
usual terms, IN the discretion OF the court. Con-
sidering all the circumstances of the case as to
the prOpriety Of receiving bail, the court has
nothing to do with the character motives OF the
sureties. 1t could only Look 10 what the law re-
GuireS with regard to pecunary responsibility and
for insuring the presence OF the accused. lido not
know that there will be any ndispositiOn the
part OF the prisoners counsel to meet .he amount
Of bail your Honor or the District Attorney may
think suitable. Indeed, from the remarks Of the
prisoners counsel, they have the ability and the
disposition to furnish the requisite security. as
to the question Of amount, it was for your Honor
to say what was prof er sum, in order to the
proper administration of Justice.
Dis riot Attorney Chandler said the question
now presented is whether the prisoner shall be
admitted to bail. The Judiciary act of 1889 pro-
vides that the supreme Court, OF the justices
Of the Supreme Court, or Judge of District
Court of the United States, may in any case, even
in capital punishment, taking into consideration
all the circumstances, admit to bail-exercisinE g
sound discretion. IT an indictment found
against the prisoner under law by VIII oh he
could not be punished with death, then, a a mat
ter Of right he could give bail. will state what
| Fl
the more freely because there has been some little
consultation in this matter. believe the learned
counsel associated with me will agree in saying
that we are authorized to ask bail In the sum OF
one hundred thousand dollars. l presume there
will be no question as to tue amount of bail. II
would be as easy question to determine on that
amount on ten thousand dollars Something
had been said about gentlemen from all parts Of
, the country representing all shades Of politics,
uniting to enter surety for the appearance of the
prisoner at the next tenn So far as suletyship
is concerned, we have no objection to take them :;
but feel that owe a duty to the government in
asking that, in addition to gentlemen residing
within this District shall also enter into security
in order to secure the attendance of the prisoner
at the next term:
Mr.. O'Conor-We can meet that question as to
bail.
Mr.. Chandler-That is in the discretion Of the
court may remark, in order to avoid embar-
rassment in the future, that the Government
would run no risk by requiring some of the sure
ties to be residents of this District while on the
contrary, there might be difficulty. We would be
certain in case of non-attendance, without having
to enter suit in different jurisdiction to hold the
sureies responsible for the non-appearance Of the
prisoner.
Mr.. O'Conor- On question Of residence there
need be no difficulty. We will give those who will
respect their obligations.
Mr.. Evarts-We have no objections, provided
the security s adequate.
Mr.. OConor-Here are ten gentlemen willing to
go security ten thousand dollars EACH
The Court said: The question is whether the
offence is bailab le 1t is little remarkable that
in the midst OF gigantic civil the Congress
of the United States changed the punishment Of
an offence with death to fine and impris-
Onment; but under the circumstances it was very
honorable to the Government Of the United States,
and exhibited it's clemency and moderation. This
is fact which relieves the present case of every
doubt as to its being bailable. And it is Also i'll
my judgment, eminently proper that the motion
should be trea ed with favor, the defendant 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
l think, however, no person acquainted with the
circumstances Of vne country, would suppose the
fact reflected on the justice of the Government
Considering the natural effect of great war
which dashed all elements Of society into fury ii
was not to be expected the passions and plcjudi-
, ces aroused would be subdued in a moment. And
1t Is III consequent ofthe prevalence OF this DIS
. turbance and tumult, which have been abroad in
the community, that the Government has felt that
it could not safely proceed with the case. After
consultation with the highest judicial officer, II
was thought best to omit the trial last fall but
fortunately, we have q more agreeable aspect at
ne present Jllne, we may now nope Tor restored
confidence, and that we may not be afraid of being
disturbed by violence and commotion. l thinL
there reasonable assurances in the indications
around us, that we about to enter on a peace
more permanent than ever existed before.
ought, PERHAPS, to state the fact that this
court expects to be in session all this week, and
have received letter from Chief Justice Chase,
ntimating his intention to come to this city II any
important causes are likely to be tried. 1 ought,
perhaps, also to say, in justice to the District At
torney, that he expected to dispose of this case
during the present term. believe he fully
prepared for the final disposition of at this time
But have doubt that grave consideration
have induced the government to take a different
course. So, it seems, the responsibility Of the
| trial is with the government, and not with the
court or District Attorney, and, no doubt, for
good and proper reasons. The government can
not complain, since the delay is It's own.
| am glad counsel have agreed on the amount Of
bail. 1t meets with the appreciation of the court,
which will not confne the suretes to tho District
of Virginia. Itwould no doubt be satisfactory II
about half the sureties be confined to the State OF
Virginia. There is no objection to having the re-
mainder OF the bail from other portions OF the
| United States. would inquire of the counsel for
| the prisoner whether his sureties are present 10
| enter into recogniZances to-day?
MI. OConor-They are all present.
Mr. novic I,7riprr oca ,orOcoa1iDCS eG-