The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-09

Writ Of nabsas Corpus Issued ~
Chief Justice Chase.
y 10 10 BE- Taken Before the United States Dis.
tFiet Court at Richmond.


Ss 49, eSSs
SPECIAL IElEeaAm TO TIVE ReAAlR
The Writ Of Habeas Corpus.
WARRINGTON siay 9, 1857.
ne following writ was issued today BY the Circuit
court a. Richmond for The immediate rendering up or
Ne body Of Jefferson Davis and put in the hands Of the
astrict Marshal for sxecuton:-
mo PREpnr ruz UnrxD STATES 70 Brigader General
HENRY y. BURTON, and 70 any person or persons
having the custody OF Jefferson Davis grestng:--
Of Jefferson Davis by you imprisoned and detained Il
= said, together with the OF such imprisonment
Davis may be called or charged before our Circuit
Court OF the United States for the District Of Virginia. a
the second Monday in Nay thousand eight hundred
ma a the opening o. the court on that day
Witnsss: - - " SALMON p. CHASE,
0s yu,Gs q The Cont q ns United States
United States, Richmond, District Of Virginia
NAY 4, 1851.
The writ was drawn BY the counsel Of Mr.. Davis and
Dssssnsed 10 Judge Underwood Alexandria and there
granted, it, date shows the first day Of this month
Though granted then the order issuance appears not
= have been made until to-day The writ though bearing
- nae Of Chief Justice Chase, issued by order
Of Judge Underwood The explanation that according
- The usage Of the courts the Chief Justice being alb
psnt Judge Underwood TO certain extent personates
che Chief Justice and issues writs OF habeas corpus in
III name.
NJ. l. h. Chandler United States District Attorney
for the Eastern district Of Virginia. returned from New
York last night where no had been to consult with Mr.
Vim. n Evrts in reference to the approaching trial Of
5s6 Davis. This morning Mr. Chandler had long inter-
vtsw with Attorney General Stanbery upon the same
subject and will leave here tomorrow, it is said for
Richmond.
NJ. Davis, when no arrives q Richmond on Sunday
yin ssi b in military custody, and win be produced
n court till Monday. II ID stated that he win be kept
u the Libby Prison, whore apartments viii bs assigned
SPECIAL CORRESPONDENCE or the HERALD.
The Crime. The Trial and the Punishment.
RlcHHoxD, Va, Nay Z, 1851.
In July, 1884 the Congress Of the United States passed
aw In rotation to treason and eonAscaon from which
NE following are extracts:-
Every psson who shall hereafter commit the crime
judged guilty thereof shah suffer death and ali his
ssves II any, shall be declared and made free; or At
~. snd .s not M Ssn
sna all a nis slaves 4 any shan % declared and made
m q Sso nDs sa . :v vs ana ,.y Or
Ct which the said person convicted the owner Al
NE time 81 committing the aid crime any sale or con-
II any psson shall hereafter NOTE 1t On foot assist
sngaes IN any rebsllion Instruction against The
e shah give aid and comfort thsrsto Or sh engage in
= give aid and comfort . any such existing rebellion
,sssS;SslSs x s9a 3 CONVICTED nsrsc such gsrss.
D ths 6srstos q ali lis slaves any he have Or 81
This ct shall mot be construed In any way to affect or
eer the prosecution, conviction punishment Of any
sss Ssscss The psssas. Of sns act s ssea person. g
esWvic1sd under tk5s acG
mis- law u, perhaps, now 70 become the solution OF
IN ths dfnoulties In the Of Js Davis Insre are
varcus reasons why win be wise TO make this Of
me statute docs sot treat Of treason In the abstact
afnxes certain punishmsnt TO certain definite acts
asumne however, Ill the time that those are part
= ths crime u treason extends certain grace in
naning psaAy s than dsash bos TO bsvs ne bsnsns
= th mitigation Of the ancient severity q the law the
Dssns muss be Tired By this statute; and II the
- Of Davis asspts 10 trial under this statute without
ysoses- he does mot claim the higher legal sphere Of
Tho constitution, venturng the niger possible penalty
thsn he admits that the acts committed by his client
constitute him traitor and thus will BE- made favor
q the government the only point the country TO
have made in this case.
Il 10 10 DO hoped the may be determined In this
easy way; for trial OF for any way but
under this statute would b solemn Judicial farce.
mere matter Of fact for trial, since many facts
arc VIGOROUSLY known that fact enough would doubtless
be admitted by the prisoner There would then be only
determine the question Of law-do such facts cons
tate the crime OF treason against the United States
Now this IL political question II question whether
allegiance TO State or to the United States higher
In short the question Of state rights This political
question has been settled by the national armies-by
great II has been determined by the final appeal
% arms that the central government Is supreme. How
unnecessary, then TO have any formal declaration
Of this settlement BY q court How silly TO tempt
such declaration, whom 10 possible that
the court dsfyng the decision OF the war; might give
another such wonderful judgment ~ that In the Mil
ngan easel Indeed, in view Of such possibility, n 10
hardly too much TO say that, trying the under the
ooasssution IL would not bs - much JET Davis a. the
supssms Court d tho United States thas would b on
ssial-Jwdes dumsasuv clm noceas absolpisxr.
BY conviction under the statute treason could be puD
ished without exposing 70 the reproach Of melting
death 70 man who was the creature Of circumstances
ed Who. a. the worst, did only what theory Of
popular will compels admit sometimes justnable
hen may err in their choice Of the times but Is
srimef The ten thousand dollars could easily be paid,
and view Of the two years' imprisonment already in
cted the court may 10 discretion TO inct the nne
only.
MARYLAND CONSTITUTIONAL CONVENTION.
AsxArorrs, Ma, May 9, 1867.
The State Capitol crowded at an early hour this
morning on The OCCASION Of the ASSEMBLING OF the Con-
ssitusscnal Ccnvsntion
the House Of DesgateA Isaac d. Jones Of Somerset,
moved the appointment Of Colonel John Dent Of ST
MArys, as temporary chairman, which was unanimously
were found 70 be present except ten.
motion 70 adjourn after the temporary organization
po as az Ts's richard
Of Queen Annes county, 40 permanent chairman.