The times. [volume] (Richmond, Va.) 1890-1903, 1896-02-23

States. 10 was cOntended mat the case
could be maintained there. on the ground
that as Commandment or the Ar
mics OF the Confederate States, De was
corstrUctively present I'm the Di uirt ana
this doctrine was held by many distin-
gulshed men, but the government author
flies held that GO was unconstitutional
and the indictment was NOT prose iA-'fi'
The Government also held that inc prop
er place for his trial was before the
United States Circuit Court in the state
OF Virginia. Consequently, al the May
term OF the Circuit Court OF the United
states. held in Norfolk, an Indictment
vas found by a grand jury. OF which
Hon. John Minor Bolts was foreman
not for the crime Of high treasoil-the
peralty OF which was de&th-nut Ter the
crime OF levylng war against the United
States. the penalty of which, under an
act OF Congress OF July u, le1z' was Il
fine Of ten thousand dollars, or 10 ne
imprisoned ten years, or poth' Inc case
was not tried az that term, but was con-
tinued until 80 finally came ueiore 'uDso
Underwood, sitting as Cidcuit Judge jill
Richmond, on the 18TH or May .NO''
ppocrFpINGS OF THE Y. $. CIR
CUT COURT All RICHMOND.
Mr.. Davis was brought IN TO court by
General Burton and surrendered into the
custody OF the court.
Presont-Judge J. G. Underwood. ". S.
Barry, clerk. CCunscl-Hon. Vim. NJ
Evarts. Attorney-Gencral Of the United
states. and Hon. l.. II. Chandler. atfOr-
ney for the Virginia District, counsel for
the Government, ana Messrs. Clgrles
OCon0r, William d. Read. George Shea,
John Randolph Tucker. and Robert
Oull. Esqs.. counsel for tho prisoner.
Among the distinguished spectators
there were Governor Pierpont General
Schoncld. General Granger. General
Brown, and other officers: Judge Cnam-
bcrs. DR. Minnegorode. Judge Meredith,
Hon. James Lyons, Judge Crump. Judge
William II. Lyons, Hon. \. II. Holiday,
Hon. Robert Johnson, James NecfOn,
John Mitchell, Gusiavus 4. Myers, Gem
eral ImbOdon. Horace Greedy and All
gustus schell. OF New York. ana many
other distinguished weii-knOwn citizens
who filled the whole courtroom.
when Mr. Davis had entered. attended
by General Burton alone Judge Under
wood said: "The Court Is honored on
this occasion Iy so many of the ratl0n's
nobicst and bravcst defenders, tlat inc
usual morning routine viii Doe omitted.
We are now ready 10 hear from General
Burton. The writ OF habeas corpus was
then read and the return thereto, when
was as follows:
In obedience to the eN.PCncy or the
within writ. 1 now here produce before
the within named Circuit Court az the
United States. for the district OF Virginia
the BODY Of jefferson DAVIS, az the time
OF tho service Of the faid writ. held by
me I'm Imprisonment. az Fortress Mon
zoe. under the military authority OF the
United states. and subject thereto. and
l surrender the said jefferson Davis 10
the custody. jurisdiction, and control OF
the said Court. a. / am directed 10 10 DE-
the order OF the President OF the United
States. under date OF May 3. 1871
fsianedJ II. :. BURTON.
Colonel and Breyet-Bilgaeier Gcneras
United States Army
Mr.. O'Conor said that on this return
10 reason was stated Tor the imprison-
n,ent of Jefferson Davis, ard il now re-
NAMED for the Court 10 take such ac-
ton as was required on the part OF the
civil authorities TO bring the prisoner
within the proper limits TO meet the IN
dctment
THE Court replied, "The return is COM
plete and satisfactory. General Burton
receives the thanks OF the Court Tor this
prornpt and graceful Obedience 10 its
writ. lie has thus added another 10 the
many laurels he has gained upon the bat
tle-nelds OF his country. He has Illus
trated the many qualities OF the soldier
of the United States. for courage IN the
face OF danger Is not more becoming than
ready recognition Of the claims OF peace
when the danger has passed. General
Burton is now honorably relieved OF the
custody OF the prisoner. who passes into
the custody OF the Court under the pro-
lection Of American rennblican law. IL