Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1867-05-18
JEFF. DAVIS RElEAsED ON
BALL
Discharge of the Prisoner from Custody.
DAVIS AND WIFE COMING NORTH.


RICHMOND, May 13.--Jeff. Davis was pro-
duced in court this morning. The counsel
for the Government were not ready to pro- /,
ceed.
Mr.. O'Connor moved that the prisoner be
released on bail, Judge Underwood said he
would release the prisoner on one hundred
thousand dollars baiI. OF this sum Hon.
Horace Greely pledged $4,000, Augustus
Schell $4,000, General jackson $4,000,
A. Welsh $4,000. -,4r
Hon. w. b. Reed said he would pledge
100000 at once in addition if this bail was
not acceptable.
Judge Underwood said the bail was en-
tirely acceptable, and Mr. Davis was rcleas.
cd and proceeded at once to the Spottswood
House to inform Mrs. Davis of his good tor
tune. rt -t.
RICHMOND, May 13.-Judge Underwood
entered the court room at half.past eleven
o'clock this forenoon, and having taken his
seat ordered the court to be opened, the
cIier proclaiming. "Hear ye, hear ye; silence
is commanded while the Circuit Court is in
session. God save the United States"
The room had previously been crowded
with spectators, including few ladies und
number of cOlUred men, who had been adj
mitted by tickets, in all probably not more
pacity of the court room. At one side of
the table, in front Of the Judges stand, were
seated Charles O'Copnor, William b. Reed
and George Shea, Esqs., and on the other j.
Randolph Tucker, Robert Ouid and James
Lyons, Esqs., all counsel Tor Jefferson Davis.
The United States District Attorney
! Chandler, and William NJ. Evarts, Esq. oc.
cupied seats near the gentlemen last men
| toned and appeared for the United States
| Government.
jefferson Davis entered the court room,
| accompanied by General Burton and United
States Assistant Marshal Duncan, and took
seats especially provided for them on the
side of Judge Underwood. The spectators
displayed profound interest at this feature
of the proceedings.
1t may here be stated that in addition to
Others present were Governor Pierpoint and
Generals SchoheiG and Granger, and a num-
Der of members of the bar, and leading citi-
zens of Richmond. ..
Jefferson Davis was, short time after his
entrance into court provided with seat be-
! tween Messrs. O'Conuor and Reed.
Judge Underwood remarked, the court is
honored on this occasion by the presence of
so many of the nations noblest and bravest
defenders, that the usual morning routine
will be omitted. We are now ready for any
communication from General Burton.
There were cries of "st down" and"order
must be preserved" by an officer of the
court.
The writ ofhabeas corpus, sued out by the
court and allowed by Judge Underwood,
and which has already been published, was
then read. 1t bore the following indorse-
ment:
"In obedience to the exigency of the with
in writ l now here produce before the with
in named circuit of the United States Tor
the District of Virginia, the body Of Jeiler
son Davis, at the time of the service of the
writ held by me in Imprisonment at Fortress
Monroe, under the military authority of the
United States, and surrender the said Jetfer
son Davis to the custody, jurisdiction ant
control of the said court. as am directed
to do by the order Of the President of th'
United States, under the date of May s
1867. ..
sH. S. BURTON,
f "Col. and Brevet Brig. Gen. L. S. A."
Mr.. O'Connor said that on this return ne
reason was stated for the Imprisonment o
Jefferson Davis, and it now remained TO
. the court to take such action us was requisite
{ on the part of the civil authorities to bring
, the prisoner within the proper limits t.
meet the indictment.
The court replied The return is explici
and satisfactory. General Burton receive
the thanks of the court for this prompt an'
graceful obedience to its writ. He has thu
added another to the many laurels he ha
G gained upon the battle-6elds of the country
He has illustrated the manly qualities O
the soldier of the United States, for courage
! in the face of danger is not more becomin:
than ready recognition of the claims q
c peace when the danger has passed Genera
Burton is now honorably relieved of th
, custody of the prisoner, who passes into tn
Z custody of the court under the protection q
9 American Republican law. Ie the laws ar
/ silent in arms, they should be trumpet
!. tongued and omnipotent in peace. Th
Marshal will now serve on the prisoner th
wri. on the indictment now in this court.
Deputy Marshal Duncan accordingly sery
I, ed the writ on Jefferson Davis, which til
latter acknowledged
General Burton thanked the court for tn
remarks which had been made in compl
: ment to him.
Q The question of admitting Davis to bal
e was discussed at length by the counsel q
f both sides, after which
The court said The question is whethe
the otfense is bailable. Ii is a little remark
able that in the midst of gigantic civil wa
the Congress of the United States change
d the punishment of an ofiense with death t
t fine and imprisonment but, under the Gil
f cumstances, it was very honorable to th
government of the United States, and es
hibited its clemency and moderation. Thi
d Is fact which relieves the present case
S every doubt as to its being bailabIe, and
n is also, in my judgement, eminently prope
that the motion should be treated with favo
as the defendant has been ready for year t
J submit his case to the courts of the c0untr,
n 1t is true the prisoner has not until to.Ga
l. been in the custody of this court. thinl
), however, no person connected with the cii
cumstances of the country would suppos
u the fact reflected on the justice of the cour
S try. Considering the natural effect of
t great war, which lashed all the elements @
n society into fury, it was not to be expecte
that the passions and prejudices arouse
would be subdued in moment, and it is i
consequence of the prevalence of this di.
r turbance and tumut which have bee
IS abroad in the community, that the govern
u ment has felt it could not safely procee
Il with this case. After consultation with th
= highest judicial Offices i. was thought bes