The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-05-14

livery freeman Will understand that anyiImprl-
sohment OF free born American must carry OPP
preston with IL, far there was a long period
OF lmprisonment Certainly, during that time Mr
Davis was under the direction and custody of the
gallant officer 10 whom You paid so Just compli-
menti and that imprisonment has had as few pains
the circumstances. He was in the hands of a
soldier and gentleman. do not allude to other
times, but speak as to what is before us. Jefferson
Davis is now here under your exclusive dIrec-
ton, and ask that he have the liberty of free To-
comoton until you are prepared to try him.
other side. '
Mr. Evarts said the imprisonment was under
the military authority and jurisdiction of the
United States It's duration or the circumstances
attending II are not necessarily to be eriticsed oT
defended in any way. The prisoner is now sub.
ject to Judicial control, and the question for
your Honor whether he shall be to BAIL as the
learned gentleman proposes. II your Honor 40
determines, then the question arises as TO what
amount and the terms, and the division, if desired
on which the security may be taken. The indiot,
ment, nave been informed, is under a recent aet
OF Congress prescribing the punishment for trea-
son. passed 10 lS62, and which, for the first time in
our legislation, has made IL proper for the Oourt
to intct less than the death penalty for the crime
- Undoubtedly the government, in saying to your
Honor that they do not propose proceedings
against the prisoner during the present term have
presented proper case for the motion of his conn
sci, and it is for your Honor to determine on the
usual terms, in the discretion of the COURT consi-
u'rlng all the circumstances of the case as TO the
proprlety ofreceivng bail. The Court has nothing
10 DO with the character or motives of the suretes
IL could only look to what the law requires with
regard to pecuniary responsibility, and for nsur-
do not know that there will be any indisposi-
tion on the part OF the prisoners counsel to meet
the amount OF bail your honor or the District At
torney may think suitable Indeed, from the re.
marks of the prisoners counsel, they nave the
ability and the disposition to furnish the requisite
security. As to the question of amount il was for
your Honor to say what was a proper sum in order
to secure the proper administration of justice.
District Attorney Chandler said the question
now presented is whether the prisoner shall be ad
mites to bail. The Judiciary act of 17so ~~Hvides
mat 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, exercising a
against the prisoner under a law by which he
could not be punished with death, then, as mat
ter Of right, he could give bail,
l will state what j suppose to be a fair amount
OF oalI and do so the more freely because there
has been some little consultation in this matter
l believe the learned counsel associated with me
WI VIII agree IN saying that we authorized to ask
goIl III Tue sum OF ole hundred thousand dollars
l presume therG will be no question as to the
douIt VI ''dii. 1t would be as easy question to
dollars,
Something had been said about gentlemen from
all parts Of the country, representing all shades of
OF the prisoner at the term. So far surety
ship is concerned have no objection to take
them but feel that owe duty to the govern
ment in asking that, in addition to gentleman re-
siding outside OF this district gentlemen residing
in this district she'll also enter into security in
order to secure the attendance of the prisoner at
the next term.
Mr.. locomotive 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 risk by requiring some of the sureties TO be
residents of this district while on the contrary
there might be difficulty. He would be certain, in
suit in different jurisdiction to hold the suretes
responsible for the appearance of the prisoner
Mr.. OConnor-On a question of residence there
need be no difficulty we will give those who will
respect their obligations. .,
Mr.. Evarts-We have no objection, provided
the security Is adequate.
Mr.. O'Connor-There ten gentlemen willing
to go security of ten thousand dollars each.
The Court said-The question is whether the
prisoner is balable 1t is little remarkable that
in the midst of gigantic civil war the Congress of
the United States changed the punishment of an
offence from death TO fine and imprisonment, but,
under the crcumstar ces, it was very honorable to
the government of the United States, and exhibited
relieves the present case of every doubt to its
being bailable and it is also in my judgment,
emnently proper that the motion should be treated
with favor as the defendant has been ready for a
year to submit his case to the Courts OF the coun
try. 1t is true the prisoner has not until to-day
been in the custody of this Court. think, how
ever, person acquainted with the circumstances
of the country would suppose the fact reflected on
the Justice of the country. Considering the natu-
raj effect of great war, which lashed all the ele-
ments of society into fury, 1t was not to be ex-
pected that the passions and prejudces aroused
would be subdued in a moment, and 1t is in con-
sequence of the prevalence OF this disturbance, and
tumults which have been abroad in the commu-
safely proceed with this case.
After consultation with the highest judicial oft-
Ger, it thought best to omit the trial last fall
But fortunately we have more agreeable aspect
at the present time. We may now hope for
stored confidence and that we may not again be
disturbed by violence and commotion. / think
there reasonable assurances in the indications
around us that we are about to enter on peace
more permanent than ever existed before.
ought, perhaps, 10 state the fact that this Court
expects TO be in session all this week and have
a letter from Ohief Justice Chase intimating his
intention to come to this city if any important
causes likely TO be tried ought also to state,
in justice to the District Attorney, that he ex-
pecLed to dispose OF this during the present
term. 1 believe ne was fully prepared for the
final disposition of it at this time, but 1 have no
doubt that grave considerations have induced the
government to take different course. So IL seems
the respc nsibiliy OF the trial Is with the govern
ment, and not with the Court or with the District
Attorney, and no doubt for good and proper
sons. The government cannot complain, since the
delay is its own. am glad counsel have agreed
on the amount of bail II meets with the appro-
baton of the Court, which will not confne the
sureties to the district Of Virginia. 1t would no
doubt be satisfactory if about half of the suretes
be confined TO the State of Virginia There is no
objection to having the remainder of the bail from
other portions of tho United States 1 would in
quire Of the counsel for the prisoner whether his
suretes are present to enter into recogniZance
to-day2
Mr.. o. O'Connor-They are all prepared.
MIR. Davis, during these precedings exhibited
much cheerfulness, especially as many persons in
the crowd extended their hands 10 congratulate
him on the prospect Of his speedy release.
The Court-The gentlemen proposing to offer
themselves will please to come forward.
Mr.. O'Oonnor, aG dressing Horace Greeley, who
was seated near to Augustus Schell, invited him
to present himself before the Court MIR, Greeley
did
| eighteen gentlemen who would quality themselves
in the of $4,000 each, leaving two others TO
| come suretles, who would probably arrive this