The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1867-05-22

appeared to De unWelt, ana leaning tOr-
ward, rested his head upon his hand,
seeming TO be suffering from cold. An
officer of the court closed the window
behind him. Mr.. Davis remained with
his head inclined unit. at later period of
the proceedings he removed to the side of
his counsel, at the table in front of the
Judge.
Judge Underwood, in harsh, grating
voice, which seemed as though it could
cut like u rusty scimeter, with sort of
obeisance to the quarter of the room oc-
cupicd by Gen. Schotield and other mill
tary officers, said that, in honor to the
presence of so many Of the nations
brave defenders, the usual morning rou-
tine of the court would be omitted. 'We
are now ready" he then added, "for any
communication from Gen. Burton"
Gen. Burton arose, and, accompanied
by Mr.. Davis, Joined the counsel Of the
latter, in front OF the Clerks desk. Mr..
Davis manner was quiet, dignifed, and
entirely free from anything like striving
at melo-dramatic effect. After a few
words of conference with Mr. Charles
" OOIHOI, hl. OdriS IOOh " oCttu "o IHS
table, and Gen. Burton stood aside.
Mr.. O'Connor, in distinct, pleasant
voice, and wtha great deal OF quiet grace
OF MARINER advanced somewhat nearer
the Judge, and. holding i'll his hand the
writ Of habeas corpus, read it aloud. This
grit, he said was, i'll all respects regular,
and had heen duly served upon General
Burton, who, in obedience to all order
from the Government, was here to make
return to the writ, by producing MIR Da.
Wis and delivering him into the hands of
the court. This Gen. Burton now did.
On this return no other question arose.
The prisoner now appears, relieved from
military custody, and is in the hands OF
the ci7il powers The counsel for the
prisoner were apprised that an Indictment
had been found against him in this court
and were prepared to meet any steps that
should be taken upon it,
The Judge said tho return to the writ
had beer entirely satisfactory, and Gen.
Burton had done his whole duty, and by
so doing had added TO the fame he had
so justly earned in the field us soldier
of the Union. Gen. Burton was relieved
of the custody OF the prisoner, who now
passed into the control of tue Republican
law. Tie laws were silent in war, but
peace having returned, they were again
supreme.
BY order of the Judge the Marshal then
arrested Mr. Davis, by serving upon him
a bench warrant issued under the indict-
ment for treason found against HIM in the
United States Court at Norfolk, last May.
Gen. Burton. in resigning the charge OF
Mr.. Davis, came forward and expressed
his thanks to the Judge tor the great
courtesy with when he had been treated.
He had tried to do his duty, and it afford
ed him great satisfaction TO hear that;he
had succeeded.
Mr.. O'Connor again rose and said, Mr..
Davis acknowledges that the writ has
been duly served upon him, and is ready
to submit, but as he is the person to be
proceeded against, it is not for him to
take the first step. We, as his counsel,
acknowledge the receipt Of the indict-
ment, and are ready for the next step on
the part of the court. Mr.. o Connor then
alluded to the long and wearing impris-
onment that had been suffered by Mr..
Davis, which rendered him anxious tu ex-
pedite the proceedings.
Mr.. EvArts,. on the part of the prose-
cution, said that as Mr.. Davis had passed
into the custody OF the court, it remained
only for him to say thai it was not the
intention OF the Government to prosecute
the case al this time.
Mr.. O'Connor said in that case it be-
came his duty to present some views on
the circumstances OF the case. MIR. Da-
Wis had been in prison und in the power
OF the Government for the past two
years-eirce the 18th April, lS63-so that
any proceedings against him that might
have been deemed cXpcdicnt might have
been had. This Indictment was presented
in May, 1866. Since then Mr. Davis had
been ali the time in the power of the
Government, and always exceedingly
anxious to meet any proceedings that
might be instituted, and to ENJOY the
rights and privileges the Judge had SO
approrr utely dwelt upon, OF tho just and,
he might say, benign influence OF the
laws. Unuor these circumstances, OH
obvious principles, al appeal might be-
made to tine court TO relax the rigors OF
the law. The holding the prisoner must
be regarded simply as precautionary TO
secure his presence. Tic Constitution
which we all respected provided that
prisoner should have u speedy trial, but
he would not urge q speedy trial for the
Government was entitled TO have full
timo. He did not complain at tho Gov
ernment's delay last year, or that it had
determined now to postpone the trial /;
for he was to suppose that public conslde-
rutions furnished reasons Tor the delay.
He would call his Honor's attention to
the tact that Mr.. Davis, II gentleman not
of remarkable physical strength, what
ever we might say of his mental powers,
bod .,lre.dV suffered two years imprison-