Year: 1867

| is dated Richmond, May 18th, and says:
h Judge Underwood entered the court room. at half
past eleven O'Clock this forenoon and having taken
his seat ordered the court to be opened the erier
prpcaiming " Hear ye, hear ye; silence is command
ed while the Circuit Court is in session. God save
the United States.''


The room had previously been crowded with spec
tators Including few ladies and number of coored
men, who had been admitted by tickets, in all proba
bity not more than two hundred, owing to the limit
| ed capacity of the court ROOM At one side of the
table, in front Of the Judges stand were seated
] Charles O'Conor William B. Reed and George Shea,
Esas and ON the other, j. Randolph Tucker, Robert
0uld and James Lyons, Esqs all counsel for Jetfer-
| son Davis.


The United States District Attorney Chandler and
William NJ Evarts occupied seats near the gentlemen
mentoAed, and appeared for the United States gov
ernment


MED by General Burton and United States Assistant
Marshal Duncan and took seats especially provided
for them the side of Judge Underwood. The speci
tators displayed profound interest at this feature Of
the proceedings.


Jefferson Davis was, short time after his entrance
into court, provided with seat between Messrs o.
Conor and Reed.


Judge Underwood remarked, the Court is honored
on this occasion, by the presence of many of the
nation noblest and br2es defenders that the usual
morning routine will be omitted We are now ready
for any communication from General Burton.


There were cries of sit down. " and g order must
/ be preserved. . by an officer of the court.


The writ of hGbedS corpus sued out OF the Court and





been published, was then read.


/ After the reading Of the writ, the Court said:


General Burton is now honorably relieved OF the
custody of the prisoher who passes into the custody
of the Court under the protection of American repub
ican law If the laws are silent in arms they should
be trumpettongued and omnipotent IN peace. The
Marshal will now serve on the prisoner the writ on
the Indictment now in this Court.


Deputy Marshal Duncan accordingly served the
writ on jefferson Davis, which the latter acknowl-
edged.


Mr. O,oonor said counsel were now ready to OBJ
serve what the Court ordered and what the law and
justice requredaat this time In consideration of GER
tain circumstances which had been disclosed in
Court and in consideration of the very long impris
onmentof the accused he begged leave to say the
counsel in attendance desired to know whether there
was any call upon them With regard TO the Indictment
They acknowledged that they had received copy OF
it. and were now prepared for the next step.
/ The Court remarked-We shall be happy to hear
from the representatives of the government.
Mr.. EvartS-I dee1nit proper to say that repre-
sent the government on this occasion and IN this
prosecution in association with my learned friend,
the District Attorney, mr. Chand1er9 Mr. DAVIS
having passed from military imprisonment to the con-
troll and custody of this Court and as an Indictment
is pendinga him. and he is now under arrest,
it only remains for to say, on behalf of the gov
ernment that it is not its inteton to prosecute the
trial of the prisoner at the present term OF the Court


Mr.. O3Conor-The condition ofthis case throws up
on us He dut Of presenting to- your Honors consld-
Grafton some of the circumstances attending It, Jef-
ferson Davis has been imprisoned and in the power
Of the government. so that airy steps Thought exPe-



have been taken against him very long time ago
His Imprisonment commenced on the 18th OF April,
| 1865 In this Court an indictment was presented
against hir IN May, 1866. Mr. Davis has been at all
times since his imprisonment, and particularly dur
ing the last year or of that imprisonment, ex-
ceedingy anxious to meet the questions arising on
any indictment which might be presented


The Constitution of the United States wn1ch we al
profess to reverence insures speedy trial But do
not come here to assert that speedy trial means IN
stantly nor to assert that the government has not on
this as on all other occasions had reasonable tlIhe
Ito prepare for trial do not assert that consiuera
tions of policy and convenience may not have had
their full weight although they may bear oppress1vey
lon the individual do not complain that the gov
ernment has filled to prosecute last year. or deferred
because We are bound to respect the authortyof the
President the Attorney and their assooates
and advisers and only suppose there are pu5hc con-
sideratons for not proceeding with the trial imme
diateFy But if your Honor peas6s, it is fSc that
gentleman notvery young, and not remarkable Tor
constitutional vigor, whatever may be SAID OF ms
mental vigor, has already suffered TWO years OF M
prisonment, and it is fact, that as far as human
guarantees can be given for any man, might say any
amount of security for the appearance OF the prisoner
can be furnished We furnish such pledges from
gentlemen in every part OF the country OF every
party and representing every shade OF opinions gen.
tlemen who becoming security for him, would pro-
fess but one sentiment and that for him personally
who are averse to the political views which have dis
tingushed his life in every respect, but VINO never
theless feel great interest in the honor and dignity
of the American people, and in the American repub


c and fear that the punishment OF death, IN the ab
sence of trial. would result from his longer lmprls
lonment


Ihaye spoken of the pains of imprisonment Every
freeman will understand that any imprisonment OF
free-born American must carry oppression with It, so
far as there was long period Of imprisonment Ger
tainly during the time Mr. Davis was under the dt-
rection and custody of the gallant officer to whom
ryou paid just compliment and that lTnpTlson-
menE has had few pains and as little sufferngs as
VI could be expected under tie crcu1nstances he
lin the hands Of a soldier and gentleman do not
allude to other times but speak as to what IS before
q us' Jefferson Davis is here; under your exclu
sve direction, and ask that he have the liberty OF
free locofnotion until you prepared to try him.


The Court said it would like to- hear rom the other
side


Il Mr. FTarts said the imprisonment was under the
military authority and jurisdiction of the United
States IT'S duration Of the circumstances attending
it are unnecessary to be criticised or defended IN any
way He is now subject to judicial CONTROL and the
question for your Honor is whether the prisoner shall
be LET to ball. as the learned gentleman proposes. Ii
yol Honor determine then the question arises as
to whit amount and the terms, and the division, II
desired, on which the security may be taken. Inc
Indictment have been informed, is under recent
act of Congress prescribing the punishment for treas
on passed in 1862, and which, for the first time IN
our legislation has made it proper for the Court 10
inict less than the death penalty for the crime IN
doubtedly the government, in saying to your HONOR
that they ~ not propose proceedings agalnsC tle
prisoner dlfring thgpresent term have presented
proper case for the motion OF his counsel ana IL Is
for your Honor to determine on the usual terms, III
the discretion of the Court considering all the clr
cumstances of the case; to the propriety OF re-
ceiving ball.


Bail was then fxeh at's10O, 600 by the Government
counsel. f


The Court said: The responsibility of the delay of
trial is with the government, and not with the CouIt
and no doubt for good and proper reasons. The
ent cannot complaint since the delay is its