The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-05-17

was, and although he appeared TO make an cllort
to look cheerful thought could see indications
of care and sadness underneath that pleasant
surface.
The writ of habpas corpus was then read, en-
dorscl as follows:
I'm obedience to tic cXgcncv of the within writ,
1 now here produce before the withill-namcd cir
cult Of the United States for the District OF Viz.
ginia the body Of Jefferson Davis, ut the time OF
the service of the writ held by me in i'm 'risonment
at Forirc S Monroe, under the military authority
of the United States and subject and surrender
the said Jefferson DAVIS to the custody, jursdie-
ton, and control of the said Court am direct
ed to do by the order of the President OF tho Uni
ted States under date of May Y T. ! 1871 p1iproN
Colonel and Rrevet Brigadier-General
United States Army
Mr. OConnor counscl-in-chicf for Mr.. Davis,
said that on this return no reason was given for
the Imprisonment Of Mr.. Davis, and it now re-
maincd for the Court to take such action as was
requisite on the part of tho civil authorities to
bring the prisoner within the proper limits to meet
the Indictment.
The Court replied, the return is satisfactory and
General B. is now relieved of the custody OF his
prisoner. The Marshal will now serve On the prls-
oner the writ on tile Indictment now i'll this Court.
The writ was then served, and acknowledged by
Mr.. Davis.
The Indictment upon which the writ was served
was found at the May term, 1866, OF the Circuit
Court held in Norfolk, and is as follows:
THE ISpICTMEST AGAINST MR. DAVIS.
United States Of merica. District ef Virginia, towt IN
e CIrcut Gour, IF the United States Of aud
FIR The District Of rgnid at Nocfk. May Term, 1866.
The grand Jurors of the United States of Amer
icn in and for the district of Virginia, upon their
oaths and afirmations, respectively do present
that Jefferson Davis late of the city of Richmond,
in the county OF Hcnrico, in the district OF fir-
ginia aforesaid, yeoman, being an inhabitant OF
and residing within the United States OF America.
and owing allegiance and fidelity to the SAID
United States OF America. not having the fear ot
n 1iitl pfhi
said allegiance, but being moved and seduccd by
the instigation of the devil and wickedly devlsins
and intending the peace and tranquility of the
said United States of America to disturb. antl
the Government of the said United States OF
America to subvcrt, and to STIR move and ncitc
insurrection, rebellion and war against the saitl
United States of America. on the 18th day OF june:
in the year of our Lord one thousand eight hundred
and sixtv-four, in the city of Richmond. II the
| county OF HcurcO. in the district of Virginia
aforesaid, and within the jurisdiction of the Cir
cult Court of tho United States for the fourth cir
cult III and for the district of Virginia aforesaid.
with fOl &C and arms, llawfully, falsely allcionS,
| ly, and trait0rously, did compass, imagine, AMI
intend to raise, levy and carry on war, isnfrec-
tcn and rebellion against the said United States
of America (; and in order TO fulfil and bring to
effect the suid traitorous compasslnS5, magma
! tions, and intentions OF him. the said Jefferson
Davis, he, the said Jefferson DAVIS, aftcrward
| to wit: on the said fifteenth day of jane,
| in the year of our Lord one thousand eight
hundred and siXtv-fuur, in the said city oi
Richmond, in the county of f1cnrico. anu district
of Virginia aforesaid, and within the jurisdiction OF
the Circuit Court of the United States for the fourth
circuit i'm and for the said district nf Virginia. will
n great multitude of persons. whose names to TIT
Jurors aforesaid are at present unknown, To the num-
Der Of five hundred persons and upward, armed an!
| arraycd in warkc manner; that Is to say. Will
| cannon muskets. pistols. swords, dirks, and Other
| warlikc Weapons as well offensive as defensive
boing then and there unlawfully, mallcionsly, alt
traitorously assembled and gathered together, dit
| falsely and traitOrulslv assemble nd JON them
| selves together against the said United States n
America and then and there, with lurcc and arms
| did falsely and raitnrouslr and III Il warlkc ant
| hostile manner array and dispose themselves
against the said niicd States of America. ant
then and there that is say on the said :iltennl
day uf June, in the year of our Lord one thousant
eight hundred aud sixty-fonr, in the said city o.
| Richmond in the county Of Hcnrico, and district
of Virginia aforesaid, and within the jurisdiction
of the said Circuit Court of tho Unitct
States for the fourth circuit. circuit in an. an.
suancc of such, their tlailorous lnten
tions and purposes aforesaid hr, the said Jcfcr
son Davis, with the said persons so as aforesaid
tratorously assembled, and armed and arra!yGd Cd Y
ana and iIrrSa!t"rosiy did orlan prepare. levy and
carry OH war against the said United States
America contrary to the duty of the acgallce ailt
| fidelity If the SAID Jefferson Darls against th'
Constitution. Government, peace, and dignity .
the said United States of America. and aSains; th'
form of the statute of tho said United States
America in such case mado and provided.
Ti.is Indictment. lou, Il on testimony vi Ja'Ic
+ NIlran. George F. Scarburg, John Good, Jr.
]. Hardy Hcndrcn and Patrick O'Brlcn, sworn II
open cCilrt, ami sent for by the grand jury
l.. II. CHANDLER,
United States Attorney for the District OF Vr-
gnla. .o., 4,
observe what tlL Court ordered, and what the la'
of Justice required this time LII consideration
of certain circumstances Which had bccli dlsclose'
in court, and i'll consideration of tho very long I'M
nrisonment of tho accused, ho Begged leave to sa
tle counsel in attendance desired TO know wlcthc
there was any call upon them with regard to I'll
Indictment. Thcy acknowledged that thoy had re-
cclvcd copy of it, and were now prepared ior I'll
next step.
Tl,c Court remarked That it would be happy I
hear from the representatives OF the Government
Mr. Evarts-I deem it proper tn say that re-!
resent the Government ON this occasion, ana
this prosecution in association with my earitc
friend, the District Attorney: M. tlah'icr. vi
Davis having passed fIum military hpIlsnnniei
to the control and custody of this Court. aud ms
Indictment is pending against liii, anu hc ls no
under arrest il only remains for me to say, III u,
half of the Government. that 1t IL not lts lhtcilio
to prosecute the trial Of the prisoner ut the prescl
term of the court.
Mr.. OConur-The condition of this case throw
upun us the duty of presenting to your Honor
nsideration some of tho circumstances attondili
it. Jefferson Davis has been lnIprlsoncu anu
the power OF tho Government, ~ that any stet
Thought expedcnt just and consistent with SOUL
policy might have been taken against nm yer
long time ago His Imprisonment commenced U
the 18th day Of April 1915. In this court an oi Il
, dicimcnt was presented against Inn III May lou
MIR. Davis has been mt all times since his mpriso!
ment, aud particularly during the last year or MOI
t of that Imprisonment exceedingly ailAnus To mc
the QUO ;tiuns arising on ANY Indictment Willc
might dc presented. He was exceedingly anNinl
r to receive tho advantages and ENJOY the rlEn
: which yonr Honor has cloqucntly cul
\ riZel in the address made with reference
General BURTON tho blessings and advai
Is tagcs of Il just, equal, fair, and, l may sa
benign, for that becomes the 0oeAslot, adln
IL istratiun Of law. No particular civil lnuccoa m
: has been on foot since the indictment was pr
|. scutcd, and although the whole period oi "
V wears has culscd since the commencement "f II
c Imprisonment. Un oDSi"ns general prliiepos ~
It policy an application was properly mace 10 ll
G cmri while ut the Same tine securing dne !
@ suonsihilitv to law and the ends nf justice, To MI
/. gate somewhat the pressure Of the prisoners ca
is dtipn; fur al impr!snlE!icrt ;'iu TN, h"!alIlS
o the accused for trial arc adopted ur the purpo
l. of securing all answer and the personal aPpc'
e ance of the accused whcm the question OF s Gu
I. ar Innocence WAS fairly before the court Tins
- an,nl, reason on general grounds. The Consult
. lion of thr United STATES. which We all profess
70 reverence sllrcs speedy trial.
l. But | do not come here to assert tlill 4 spec
80 trial means instantly. nnr tu assert that the !o
il "rnnct has not on this. rs all other occasion
had a rcasuunilu t,hi9 e prciai' TO-! tliai.
= not assert that considerations OF policy anu CO
81 vclicncc may not have had Their l,ill weight.
is thnurh they may bear upprcssively ON the ln ln
il il yilani do not complain tlHt The Government !
ry failed 10 prosecute anl year, or d"crroa at',
d till the present year. have no such p1.rl%sIr: e. ,
Il, cause we are bound to respect the antll"r,tf III
lie cintcs and advisers and only suppose there
luhlir considerations for not pr%cceang with
st trial immediately iu, Ii y"il il"'"d 'aS, 49,, II
a. ,cn,rknbI, for constitutional viSor, whatever M
ii hc said of his ,rrntal vigor has already snrl
H. two Years OF imprsonmcnt; and it is fact that
.ll lar ~ human guarantees can he elvru r >
nl man, might say any amount OF security I"i
of anpraraIcc Of tile prisoner, ran hr furnished.
ty can furnish such pledges from gcntlcm III ev'
rn part o the country OF every party. AMI reprcsc
II, iur every rla,ln III opim!uE; Hcnllrmrn VI
mi frp