The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-05-09
JEFF. D AVIS.
Writ Of Habeas Corpus Issued by Chief
Justice ChaSe-He is to be Taken
Before the United States
District Court at
Richmond.
The Writ of Habeas Corpus.

The Writ of Habeas Corpus.
WASHINGTON, May S.-The following writ
was issued by the Circuit Court at Richmond,
for the immediate rendering up OF the body of
Jefferson Davis, and put in the hands of the
District Marshal for eXecution:-
The President Of the United States to Brigadier.
sons having the custody OF Jefferson Davis, greeting
command yod that you have delivered the BODY
as 1t said together with the cause of such imprison
Jefferson Davis may be called or charged before our
Circuit Court of he United States for the District Of
said District, on the second Monday In May, one
ing Of the Court on that day to do and receive What
shall then and there be considered concerning said
Witness; SALMON P. CHASE,
Chief Justice the Supreme Court of United States
WILLIAM H. BARRY, Clerk of the Circuit Court
OF the United States. Richmond District of Virginia
The writ was drawn by the counsel OF Mr..
Davis, and presented to Judge Underwood, in
Alexandria, and there granted, as its date shows.
on the first day of this month. Though granted
then, the order for its issuance appears not to
have been made until to-day. The writ, though
bearing the name of Chief Justice Chase, was
issued by order OF Judge Underwood. The eX-
planation is that, according to the usage of the
courts, the Chief Justice being absent, Judge
Underwood, to a certain extent. personates the
Chief Justice, and issues writs of habeas corpus
in his name.
Mr.. L. H. Chandler, United States District
Attorney for the Eastern District of Virginia,
returned from New York last night, where he
had been to consult with Mr.. William NJ. Evarts
in reference to the approaching trial OF JEFF.
Davis. This morning Mr.. Chandler had a long
interview with Attorney General Stanbery
upon the same subject, and will leave here to-
morrow, it is said for Richmond.
Mr.. Davis, when he arrives at Richmond on
Sunday, will still be in military custody, and
will not be produced in court till Monday. 1t
Prison, where apartments will be assigned.
The Crime, the Trial, and the Punish
RICHMOND, Va, May I'm July, 1862, the
Congress of the United States passed law in
n mr. n n nxKyhip oh
the following are extracts:-
Every person who shall hereafter commit the crime
OF treason against the United States and shall be ad
judged guilty thereof, shall suffer DEATH and all his
slaves. II any shall be declared and made free or;
for not less than hye years and fined not less than
made free said fine shall be levied and collected on
any or all ofthe property real and personal excud-
the owner at the time of committing the said crime,
standing. ''1''"'' -O'"''D
If any person shall hereafter incite set on foot,
assist, or engage in any rebellion nsurrectiOn
against the authority of the United States the
or shall engage in or give aid and comfort to any
such existing rebellion or tnsurrecton, and be con-
Yicted thereof such person shall he punished by
Imprisonment for period not exceeding ten years,
all his slaves if any he have or by both Of said
punishments, at the discretion Of the court.
This act shall not be construed in any way to affect
or alter the prosecution, conviction punishment of
United States Before the pSssege Of this act ess
uch pc rson Is conutcted under ms act.
This law is, perhaps now to become the solu-
! ton of all the difficulties in the of JEFF.
! Davis. There are various reasons why it will
be wise to make this use ofit The statute does
! not treat Of treason in the abstract. 1t affiXeS
a certain punishment TO certain dofnite acts,
! assuming, however all the time that those acts
| are part Of the crime of treason. It extends a
! certain grace in naming penalty less
than death; but to have the benefit OF this mlti-
! CATION OF the ancient severity of the law the
! prisoner must be tried by this statute and II
! the counsel Of Davis assents to his trial under
| this statute without protest-if he does not
| claim the higher legal sphere of the Constitu-
tion, venturlng the higher possible penalty
! then he admits that the acts committed by his
| client constitute him traitor, and thus will be
made in favor OF the Government the only point
| the country cares to have made in this case
! 1t is to be hoped the case may be determined
in this easy way; for trial of Davis for treason
solemn judicial farce. There is no matter of fact
for trial, since so many facts are notoriously
known. that fact enough would doubtless
be admitted by the prisoner. There would
then be only to determine the question of
law-do such facts constitute the crime of
treason against the United StatesP Now this
| is political question. 1t is q question whether
| allegiance to State or to the United States is
higher. III, In short, it is the question of State
by the national armies-by great war. 1t has
been determined by the final appeal to arms
| that the central Government is supreme. How
for%ai dsclar%!ioh Of Of % tSis S seftemens snt
a declaration, when it is possible that
| the Court defying the decision of the war,
ment as that in the Blilligan case! Indeed in
view of such possibility, 1t is hardly too much
10 say tnaC, tying tne case uh9eF @ Cne Gonstltu-
Supreme Court OF the United States that would
be on trial-Jude1 darnndttT cum nOeenS d6SOl-
| uftUT.
by conviction under the statute treason could
| be punished without exposing us to the re-
| proach of melting death to a man who was the
| creature of circumstances, and who, at the
| worst, did only what our theory of popular will
| compels us to admit is sometimes justifiable.
| Men may err in their choice OF the times; but is
| error crime? The ten thousand dollars could
| easily be paid, and, in view of the two years
| imDriSOnment already inflicted, the court m
use its discretion to inhict the fine only.-N. Y.
| Jey0L1