The farmer and mechanic. [volume] (Raleigh, N.C.) 1877-1885, 1883-02-07
4 Good Word for David Davis.

In the prison at indianapolis there
were at this time three prisoners u1de-
sentence of death. Their parnes were
Mllligan, Bowles and Horsey. The,
had been convicted upon trial by a mili-
tary court, of treason. and had beeo
found guilty. They we're civilians. IL
was alleged that they were Knights OF
the Golden Circle. They were convicted
some time before Lincoln was shot. An
appeal was made to sir. Lincoln in favor
Of these men. 1t was claimed that the
military court had no authority to try the
men. 1t was then that Mr. Lincoln
made his celebrated reply, "If every one
hated the blood shed as | do there would
be very little meat eaten" lie then adj
ed that he guessed the prisoners were
bad men and ought to be kept in prison
until the war was over, but he added
that he would see to it that the death
sentence should never be executed.
When Andrew johnson succeeded Linz
ccln there was a feeling of rage and bit
terness throughout the country. All
clemency was derided. In Indiana the
execution of Milligan and his compan-
ions was passionately demanded.
Justice David Davis, Lincoln's most
intimate friend, returned from Spring
field, where he attended L%incoln's fune-
raj, to sit as circuit Judge at I~ndianapo-
lis. He found the city in a great state
of excitement over the coming execution
OF Milligan, Bowles, and Horsey. Gen.
Hooker, commanding the department.
had ordered the execution to take place,
and President johnson had refused to
interfere. Ex Senator Mcdonald was
aat,a,, -, oo,,-.al -
He consulted with Mr.. Hendricks, and
they in turn talked with Judge Davis.
The latter believed the execution would
be a judicial murder. He was not sway
ed by the storm OF passion and preju-
dice about him.
What was to be done? Mr.. Melon
aid thought at first he would get out a
writ OF haGeas corpus, but Gen. Hooker
heard oil it, and swore he would not
obey the writ. The military power was
then arrogant and disposed to brook no
interference. Ii was backed up by the
prejudice and passion of the hour. The
very answer sent by Gen. Hooker that
he would not obey the writ if it were is
sued showed the contempt of the time
upon the part of the military for the civ il
authorities.
There was only one course open after
Hooker's saying that he would refuse to
obey the writ. The period was one
where great courage was needed. There
was only one way the men could be saved.
They had been condemned upon very
meagre testimony by an incompetent
tribunal. Then, when the two judges
sitting in the United States Circuit
should disagree, the case could be APP
pealed to the United States Supreme
Court Judge David Mcdonald, United
States District Judge, was her sitting
with Justice Davis. An application was
made to them Tor the issuing of a writ
of haJeas corpus. Both judges agreed
privately that the writ should issue, but
to send the question to the Supreme
Court, so as to have a case where the
President would be forced to stay the ex-
e%cution they divided. Justice Davis,
with his us ual courage and independence,
took the unpopular side of being iu ia
vor of issuing the writ.
ITO be c~ontinued.)