MILITARY COMMISSIONS. 



509 



in order to nhow their respect for him personally, it 



iliut they l>elie\e In- will up- 



r required. To thisthey are 



i. These renmiks 



Honor that wo are ready to 



Mr. I>iivi-* will !" ready to 



l till 1 mean tilllll l>eill,r held : 



ioh aamay be ox:i 

 . ore now ready to furnish. ' 

 lie over UHJ ensuing summer as the pris- 



. j'med or defended 



.-, subject to judicial control, 



and tin- cpi'e-ition for your Honor i -., \\hetherth.- prU- 



to bail, as the learned gentleman- 



! Honor so determines, then the 



a arises" as to what iimoiint, and tho terms and 



do, either on your own judgment or on con- 

 on with other officers of the Government as to 

 tho amount. I have spoken on the pains of imprison- 

 Kvury freeman will understand that any im- 

 'ucMt of :i free-born American must carry op- 

 >u with it, so far as there was a long period of 

 imprisonment. Certainly, during the time Mr. Davis 

 ider tho direction and custody of that gallant 

 officer to whom you paid so just a compliment, that 

 imi>ri-v>nment has had as few pains and as little suf- 

 fering as could be expected under the. circumstances. 

 Jle was in the hands of a soldier and gentleman. I 

 do not allude to other times, but speak as to what 

 is before us. Jefferson Davis is now here under your 

 :\o direction, and I ask that behave the liberty 

 of free locomotion until you are prepared to try him. 

 The Court said it would like to hear from the other 

 ide. 



Mr. Evarts said : The imprisonment was nnder the 

 military authority and jurisdiction of the United 

 i. Its duration, or the circumstances attending 

 it, are to be taken. The indictment, I am informed, 

 is under a recent act of Congress prescribing the pun- 

 ut for treason, passed in 1862, and which, for 

 the tirst time in our legislation', has made it proper 

 for the Court to inflict less than the death penalty for 

 Undoubtedly the Government, in saying 

 to your Honor that they do not propose proceeding 

 against the prisoner during the present term, have 

 ited a proper case for the motion of his counsel : 

 :ind it H for your Honor to determine on the usual 

 terms, in the discretion of the Court, considering all 

 :,] instances of the case, as to the propriety of 

 'HIT liail. The Court has nothing to do with the 

 character or motives of the sureties; it could onlj 

 look to what the law requires with regard to pecuni- 

 ary responsibility and for insuring the presence of 

 the accused. I do not know that there will be any 

 indisposition on the part of the prisoner's counsel to 

 meet the amount of bail your Honor or the District 

 Attorney may think suitable. Indeed, from the re- 

 marks of the prisoner's counsel, they have the ability 

 and disposition to furnish the requisite security. As 

 to the question of amount, it is for your Honor to 

 Bay what was the proper sum in order to the proper 

 administration of justice. 



rict Attorney Chandler said : The question now 

 ited is, whether the prisoner shall bo admitted 

 to bail. The Judiciary act of 1789 provides that the 

 Supreme Court, or a judge of a district court of the 

 United States, may, in any case, even in capital pun- 

 ishment, taking into consideration all tho circum- 

 t, admit to bail, exercising a sound discretion. 

 I fan indictment was found against the prisoner un- 

 der a law by which ho could not be punished with 

 death, then, as a matter of right, he could give 

 bail. 1 will state what I think to be a fair amount 

 ', and do so the more t' re has 



Ijation in this matter. I believe the 

 learned counsel associated with me will arrive to ask 

 bail in the sum of $100,000. I presume there will bo 



no question as to the amount of bail ; It would bo as 

 easy a question to determine on that amount as on 

 $10,000. Something has been said about gentlemen 

 from all parts of the country, representing all hade 

 of polities, willing to enter surety for the appearance 

 of t !,. ; \t term. 80 far as suretyship 



is concerned, wu have no objection to take them ; but 

 I feel that I owe a duty to the Government in asking, 

 in addition to gentlemen residing outside of thiadia- 

 triet. that irentli-MH-M rcs'uliiiir in this district shall also 

 urity. in order to secure the attendance 

 pri-oner ft) nil. 



Mr. O'Conor: Wo can meet that question as to bail. 



Mr. Chandler: That is in the discretion of tho 

 Court. I may remark, in order to avoid embarrass- 

 ment in tho future, that the Government would run no 

 risk by requiring some of the sureties to be resident* 

 of this district ; while on the contrary, we would be 

 certain, in ea-^e of non-attendanee, without h;<-. 

 enter suit in a different jurisdiction, to hold the sure- 

 ties responsible for the non-appeuran -e of the pris- 

 oner. 



Mr. O'Conor: On a question of residence there 

 need be no difficulty. We will give those who will 

 respect thoir obligations. 



Mr. Evarts : \Ve have no objections, provided the 

 security is adequate. 



Mr. O'Conor: There are ten gentlemen willing to 

 go security ten thousand dollars each. 



The Court said : Tho question is whether the offence 

 is bailable. It is a little remarkable that in the mid-t 

 of a gigantic civil war the Congress of the United 

 States changed the punishment of an offence from 

 death to fine and imprisonment : but, under the cir- 

 cumstances, it was very honorable to the Government 

 of the United States, and exhibited clemency and 

 moderation. This is a fact which relieves the present 

 case of every doubt as to its being bailable, and it is 

 also, in my. judgment, eminently proper that the mo- 

 tion should be treated with favor, as the defendant 

 has been ready for a year to submit his case to the 

 courts of the country. It is true the prisoner has not 

 until to-day been in the custody or this Court. I 

 think, however, no person, acquainted with the cir- 

 cumstances pf the country, would suppose the fact 

 reflected on the justice of the Government, consider- 

 ing the national effect of a great war which lashed all 

 elements of society into fury. It was not to be ex- 

 pected the passions and prejudices aroused would be 

 subdued in a moment, and it is in consequence of the 

 prevalence of the disturbance and tumult which have 

 been abroad in tho community that the Government 

 felt that it was not safe to proceed with this case. 

 After consultation with higher judicial officers it was 

 thought best to omit the trial last fall, but fortunately 

 we have a more agreeable aspect at the present time. 

 We may now hope for restored confidence, and that 

 we may not be disturbed by violence and commotion. 

 I think there are reasonable assurances, in the indica- 

 tions around us, that we are about to enter on a peace 

 more permanent than ever existed before. I ought, 

 perhaps, to state the fact that this Court expects to be 

 m -eion all this week ; and I have received a letter 

 from Chief-Justice Chase, intimating his intention to 

 come to this city if any important cases are likely to 

 be tried. I ought, perhaps, also tp say, in justice to 

 the District Attorney, that he expected! to dispose of 

 this case during the present term. I believe no was 

 fully prepared for the final disposition of it at this 

 tune, but I have no doubt that grave considerations 

 have induced the Government to take a different 

 course. So it seems the responsibility of tho trial is 

 with the Government, and not with tho Court, or the 

 District Attorney, and no doubt for good and proper 

 reasons. The Government cannot complain, since the 

 delay is its own. I am glad counsel have agreed on 

 tho amount of bail. It meets with tho approbation 

 of the Court, which will not confine tho sure; 

 the District of Virginia. It would no doubt bo satis- 

 factory if about one-half of tho sureties be confined 



