Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-05-22
- a. PREsEpEvT DAVIS.

A correspondent of the Chicago Times
remarks at some length upon the fea-
lures of the case Of President DAVIS.
Thst person was brought int Court by
his custodian General BURTON, as @
Prisoner Of War, in obedience to the
writ Of Habess Corpus. It was not a
writ issued by the Court 20 bring him
before it TO be tried; but on his applica-
ton, and for a discharge On the ground
Of Illegal detention. Il was the great
English Writ of Right. 1t commanded
General BURTON to have the body Of
JEFFERSON DAVIS, " together with the
cause Of his imprisonment before the
Court. The return of Gen. BURTON
states that, in obedience to the writ, be
now produces before the Court the body
of JEFFERSON DAVIS, helda as q Prisoner
of Var, snd that he now s%urrenders
him 10 the custody OF the Court as di-
rscted by the President.
So there is no inquiry as to the cause
Of the imprisonment! There Is no At
tempt to Justify it! Why Why is
the prisoner surrendered 10 the Court,
bv direction Of the President 2" What
does that admit il admits that Mr..
DAVIS has been illegally imprisoned,
1eit55ut any lawful cause, ever since the
war ended,-at which time, indeed, his
imprisonment had barely begun. And
it is true his Imprisonment has been
ILLEGAL. And the correspondent Of the
Tunes well says
III har been a legal Imprisonment the re-
turn would have been Here is my prisoner,
I produce him in court. in obedience % the
wit. But I hold him justly and legally Or @
prisoner or war
SUCH q return could not be made. The gov
eminent knew uhait has not been just or le-
gal 90 rave kept Mr. Davis asa prisoner OF war
au4 therefore ne1 a--la4 was instructed nos
70 attempt To- 9Hstiy the impfspnmthL nus 10
EatDut 90 o. G ullHUna ana getlid rI the re-
-spulsfba ly sur euderlng The prisoner %
Jle eusrody OF tine court the point is "a most
important one. When the history OF ihe war
and its consequence come 90 be- properly wit
zen. tHe question musI be met, had tile govern
meuLauy night TO Keep this man As q pr-s0uer
OF war, lur Two year- after the war rad cIuasl 2
And the answer must be, That the government
trem-elTeH, iu their re- uu 10 this writ, were
oempeA.4 70 admit thal they hal no such
right Ard history Wi. add that 10 was done
% ErftHy lle base and mean passions OF hatred
and revenge entertained lbs the radicals OF the
north.
Again, it is noteworthy, that when
President DAVIS had so been surrendered
% the Court, the judge was ready to try
him, the counsel were al present, the
prisoner was ready, the facts Of the case
were patent, there wss no reason for de-
lay. But Mr.. EvARTs, employee as
Counsel by the Government. said, in be-
half Of the Government, sit is not its
intention 10 prosecute the trial Of the
prisoner at the present term Of the
Court
What this meant is so well told by the
correspondent Of the Times, that we pre-
fer what he says to anything We could
write. Here Is his commentary
But WIS note Mr.. Davis has been Imprisoned
Two ve4rs. 10 was known 10 The government.
during an that time, that 81 tued Al an, be
would be tried for treason It would be nom
sense TO say, that, Two yeafs ls not a suH-
cient uue 70 have PREPARED ioI that
thai. with the legal talent al The COM
mand OF the government, the case has not
been Thoroughly and q conclusion
arrived AZ whether q cuaflcnYh could be OBJ
tanned or not. No; this GU kUom h-s been set
ued bP the first legal minds IN fhe country
month"; ago. II Wasa purely legal TIE
fscfs are an submitted. The people OF eleven
powerful and sovereign states made Jefferson
Davis ueir servant 20 execute their will me
psople Of eleven sovereign states al.ear..E rg
esfabllsh themselves as an Independent ma
uOn, and they made M. Davis Their executive
officer.
They failed. Did they commit r-0sg4D ID,
U1nkfng the attempts And aldJe1sr-4H tz.Fg
rrfIng - their servant aud ageEt. commit t- q.
EouF The he lawyers in the country saw No
THav saw that under our cons LurI,, 49,
laws, the odenss OF NJ. Davis So suot reason,
80 cannot be made to amount f1 49,
Thfr Isl the grand secret, aud fHl 40 reseoI
wiz Jefferson DAVIS has moi been b-5ueht To
"a before, and why he is not Do IL 1900
frfsF would be aH acquitIaI. ana 49, Geo.
sen Davis should be aequit.ed Is "a tbinr moi 10
be thought e.
Why, then, are we all treated as crimi-
mails; and why does every pitiful cur
who can get control Of 9 press and types
deem it q glorious thing to ring the
changes on the words rebel, and
TRAITOR ? Has that fayce not been
,lavsd long enough