The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-05-03
T HIRD D EDITIO N
FROM WASHINGTON THIS AFTERNOON.
[sPECIAL DISPATCHES 20 EVENING TELEGRAPH. ]
WASHINGTON, May 3.
Tha Trial NJ .IeN navha.

The Trial of JeT. Davis.
The question of what shall be done with
JEFF. Davis will soon be brought to head.
Judge Underwood, of the United States District
Court for Virginia, yesterday granted a writ OF
habeas corpus at Alexandria, for the purpose
of bringing the prisoner before his Court at the
next term, which meets at Richmond, Monday,
9th inst. The writ is directed to General Bur
ton, the officer in command at Fortress Monroe,
and was to-day taken by Mr.. George Shea, who
is associated with Mr.. O'Conor as counsel for
Davis, to Richmond where he will place it in
the hands of Deputy United States Marshal w.
A. Duncan for service. The writ is made re-
turnable on the second Monday in May, the
18th inst. With reference to the surrender of
Davis by the military authorities, it may be
stated that his counsel profess to have
assurances from the Secretary of War that
General Burton will be directed to obey the
writ-in other words, that the military GUS
tody of the prisoner shall cease and that he
be surrendered to the civil authorities, to be
dealt with under the laws. United States
District Attorney Chandler, of Virginia, is
here consulting with Attorney-General
Stanbery regarding the practicability of
trial at the present term. Mr.. Chandler de-
sires the concurrence of the Attorney General
in whatever course it may be necessary for
him to pursue, but that gentleman has not
yet declared his purposes, though he is be-
leved to be in favor of an early trial, as is
also Judge Underwood. Davis counsel will
demand his trial or his unconditional dis
charge. In this connection it may be stated
that of the twenty -four Grand Jurors sum-
moned for the present term of Judge Under
woods Court, nineteen are white and five are
colored.
The Japanese COmmI sslOners.
The Japanese Commissioners, accompanied
by Secretary Seward, arrived at the Executive
Mansion this morning, shortly before the hour
of the Cabinet meeting, at II o'clock, and
were presented to the President, who received
them in one of the private reception rooms.
Secretary McCulloch was present.
The interview was strictly of that formal
| character with which the introduction of
foreign commissioners or diplomats from any
| country is always conducted.
The Chief Commissioner was clad in the
| official costume of his rank, and, upon being
| introduced by the Secretary of State, made a
short address to the President, in which he
stated his happiness at the meeting, and con-
veyed to him kind expressions from the
| Tycoon. The credentials were read in the
| original and translated to the President, who
| expressed pleasure of the meeting
| The particular object fthe mission will be
conveyed to the Government through the Secre-
| tary of State, to whom it will be communi-
Gated at an early day.
At the conclusion of the interview, which
| lasted only about twenty live minutes, the
Commissioners were conducted through the
various public rooms of the Executive
Mansion.
The Japanese design remaining here for
some time.
The Mississippi Case.
In the Supreme Court to-day, the Hon.
Robert J. Walker (the Mississippi case being
before it) said he believed that constitutional
s1,..A = 4
yea, upon their final trial-and it was to be
decided for posterity and for all the world,
| whether the written constitutions were mere
| parchment scrolls, whether they were words
written in sand, to be swept away by
the first surge of popular passion which
may roll over them, and whether they
could be evaded by technical issues, or the
plea of jurisdiction. The learned gentleman
defended the President from the attacks of a
part of the secession press, showing that
although the Executive may veto a bill, it
! became a law by the subsequent action of
the two Houses of Congress passing it by
the requisite two-thirds majority. 1t was then
an act just as much as if the President had
approved it. The President, after these pro-
ceedings in accordance with the Constitu-
ton, has no discretion; he must execute the
law.
This being the fact, the question arose
whether Congress had power to pass an act
beyond the range of judicial inquiry. This
Mr.. Walker denied, and argued that the Con
stitution provided that such cases as this are to
be brought inro Court in order that their con
stitutionality might be determined. In reply.
ing to Attorney General Stanberry's remarks
of last Friday, he (Nr. .Walker) maintained that
political questions had not been excluded from
this Court, and in support of this position re-
ferred among other and more recent cases, tC
the Military Commission and test oath ques
tions, upon both of which the Supreme Court
had pronounced their decision.
Mr.. Walker quoted various decisions tC
show, in further refutaton of the Attorney,
Generals views, that this court has jurisdic
tion in cases not involving money and land,
and in conclusion, while speaking of the des
potic and wholesale sweeping out of ter
States by the terms of the Reconstruction
act directly contrary to the Constitution
of the United States, said that a broader bill o
attainder had never been passed, reducing tel
millions of loyal and dislOyal people to terri
torial bondage, and substituting the cleaning
sword and glistening bayOnet for constitu
tional guards and the courts of law.
The argument on each side was heretofore
limited to two hours, but Mr. Walker wa
permitted by the Court, without interruption
to speak more than an hour beyond tina
time, owing to the Importance of the subjec
involved.
There was large attendance of auditors
including many lawyers of distinction, during
the delivery of Mr.. Walkers argument.
When Mr.. Walker finished his remarks,
wanted twenty minutes to o'clock, the latte
being the usual hour of adjournment. Afte
consultation, the Court said they would hea
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