The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-05-14
THE PRISONER OF STATE.
Emil Details of the Release OF Jefferson
Davis on Bail.

of the release of jeff Davis, at Richmond, pub
6shed in The EVENING TELEGRAPH exclusively,
Yesterday, we have received the following re-
mort from the agents of the Associated Press:-
RICHMOND, May 10 Judge Underwood entered
the Court room at hait-past eleven O'Clock this
forenoon, and having taken his seat, ordered the
Court to be opened the crier proclaiming, "Hear
We, hear ye; silence is commanded while the Cir
cult Court is in session. God save the United
States"
spectat ors, including few ladies and number of
colOred men, who had been admitted by tickets, in
ali probably not more than two hundred, owing to
the limited capacity OF the courtroom. AT one
side of the table, in 'front.' of the Judges stand,
were seated Charles O'Connor' Wlinam D. reed
and George Shea, Esqs, and on the other j. Ran
doiph Tucker Robert Ould and James Lyons,
Esqs., all counsel for Jefferson Davis
The United States District Attorney Chandler
and William M Evarts, Esqs, occupied seats near
the gentlemen last mentioned and appeared for the
United States government.
panied by General Burton and United States As
sistant Marshal Duncan, and TOOK seats especially
provided for them on the side of Judge Under
wood The spectators displayed profound interest
at this feature of the proceedings.
IL NAV here be stated that in addition to others
present were Governor Peirpoint and Generals
Echofield and Granger, and number of members
OF the Bar and leading citizens Of Richmond.
Jefferson Davis was, short time after his en-
trance into Oourt provided with seat between
MessTs. O'Connor and Reed.
Judge Underwood remarked the Court is honor
ed 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
ready for any communication from General
Burton.
There were cries of "sit down" and "order must
be preserved" by an officer of the Court.
The writ of habeas corpus, sued out of the Court
and allowed by Judge Underwood, and which
has already been published, was then read it bore
the following Endorsement:
"In obenience to the exigency OF the within writ,
] now here produce before the within named Dir
eut of the United States for the District of Vir-
ha hnhu n IafF In 10 tha fiVHa nf
the service of the writ held by me in imprison-
ment at Fortress Monroe, under the military au.
% %tnonty OF me United States, and surrender the
said Jefferson Davis to the custody, jurisdiction
and control of the said Court as am directed to
do by the order of the President of the United
s'ates' under date OF May sth, 1857
uCol. and Brevet Brig. Gen. U. S. Army"
Mr. OOonnor said thst on this return no reason
was stated for the imprisoG ment of Jefferson
Davis, and it now remained for the UoIrt 10 caKe
such action was requisite the part of tha
civil authorities to bring the prisoner within the
proper IuRi's 70 meet the indictment.
Ane Court replied: The return is explicit and
satisfactory. General Burton receives the thanks
of the Court for this prompt and graceful obedi-
ence to its writ He has thus added another to the
many laurels he has gained upon the battle-helds
of the country He has illustrated the manly
qualities of the soldier of the United States, for
courage in the face OF danger is not more becom-
ing than a ready recognition of the claims of peace
when the danger has passed. General Burton is
now honorably relieved of the custody of the
prisoner, who passes into the custody of the Court
Hnder the protection of American republican law.
If the laws are silent in arms, they should be
trumpet-tongued and omnipotent in peace. The
Marshal will now serve on the prisoner the writ
on the indictment now in this Court
Deputy Marshal Duncan accordingly served the
writ on Jefferson Davis, which the latter acknow-
lodged.
General Burton thanked the Court for the re-
marks which had been made in compliment 70
Mr O'Oonnor said counsel were now ready to
observe what the Court ordered, and what the law
and Justice required at this time. In consideration
of certain circumstances which had been disclosed
in Court, and in consideration of the very long
imprisonment of the accused, he begged leave to
say the counsel in attendance desired to know
whether there was any call upon them with re-
gard TO the indictment They acknowledged that
they had received copy of 1t, and were now pre-
pared for the next step.
The Court remarked-We shall be happy to hear
from the representatives OF the government.
Mr. Evarts-I deem it proper to say that re-
present the government on this occason ana In TINS
prosecution in association with my learned friend
the District Attorney, (Mr. Chandler) Mr.. Davis
having passed from military imprisonment to the
control and custody of this Court, and as an in
dictment is pending against him, and he is now
under arrest, only remains for me to say, on be-
half of the government that 1t is not It's intention
to prosecute the trial of the prisoner at the present
term of the Court.
Mr.. O'Oonnor-The condition of this case throws
upon the duty of presenting TO your Honors
consideration some of the circumstances attending
it. Jefferson Davis has been imprisoned and in
the power of the government, SO that any steps
thought expedent, just and consistent with sound
policy might have been taken against him very
long time ago. His imprisonment commenced on
the 10Th of April, 1865.
In this court an indictment was presented
against him IN May, 1866 Mr.. Davis has been at
all times since his imprisonment and particularly
during the last year more of that imprisonment,
exceedingly anxious to meet the questions arising
on any indictment which might be presented. He
was exceedingly anxious to receive the advan-
tages and enjoy the rights which your Honor has
80 eloquently and justly eulogZed in the address
made with reference TO General Burton-rhe bless
ingss and advantages of just, equal fair, and
may say benign, for that becomes the occasion, ad-
ministration OF law.
No paYticular civil procedure has been on foot
since the indictment was presented; and although
the whole period OF two years has elapsed since
the commencement of his imprisonment OBJ
yious general principles and policy, an applica-
ton was properly made 10 the Court, while at the
same time securing due responsibility to law and
the ends Of justice, to mitigate somewhat the pres
sure of the prisoners condtaon for all tmprison-
ment and the holding of the accused tor trial are
adopted for the purpose of securing an answer and
the personal appearance Of the accused, when the
question of his guilt or innocence comes fairly be-
fore the Court. This is ample reason on general
grounds. -,,.-,e.-
ali profess to reverence, insures speedy trial.
But do not come here to assert that q speedy
trial means instantly, nor to assert that the 60
vernment has not this as all other occasions,
had q reasonable time TO prepare for trial. l do
not assert that considerations OF policy and con-
yenience may not have had their full weight, al
though they may bear oppressivey on the indi-
vidual i do not complain that the government
mas failed TO prosecute last year, deferred action
till the present year. have no such purpose, be-
cause we are bound to respect the authority OF the
President, the Attorney General and their associ.
ates and advisers, and only suppose there are pub
lie considerations for not proceeding win the trla
Immediately. But, If your Honor pleases, II is
fact that a gentleman not very young, and not re
markable for constitutional Vigor, Whatever MAJ
be SAID of his mental vigor, has ALREADY suHere'
two years OF imprisonment ana IL Is lact tRat d
far as human guarantees can be given lot an.
man. might say any amount OF security Gor Tn
pearance Of the prisoner can be furnished, .,