510 



MILITAEY COMMISSIONS. 



to the State of Virginia. There is no objection to 

 having the remainder of the bail from other portions 

 of the United States. I would inquire of the coun- 

 sel for the prisoner whether his sureties are present 

 to enter into recognizances to-day ? 



Mr. 0' Conor : They are all prepared. 



The Court : The gentlemen proposing to offer them- 

 selves will please to come forward. 



The names of the sureties were severally 

 called, and they repaired to the clerk's desk 

 and signed the following paper : 



The condition of this recognizance is such that if 

 the said Jefferson Davis shall in proper person well 

 and truly appear at the Circuit Court of the United 

 States for the District of Virginia, to be held at Rich- 

 mond, in the said district, on the fourth Monday of 

 November next, at the opening of the Court on that 

 day, and then and there appear from day to day, 

 and stand to abide and perform whatever shall be 

 then and there ordered and adjudged in respect to 

 him with said Court, and not depart from the said 

 Court without the leave of the said Court in that be- 

 half first had and obtained, then the said recognizance 

 to become void, otherwise to remain in full force. 



Taken and acknowledged this thirteenth day of 

 May, 1867. JEFFEESON DAVIS. 



llorace Greeley, New York ; Augustus Schell, New 

 York ; Aristides Welsh, Philadelphia ; David K. 

 Jackman, Philadelphia ; W. H. McFarland, Eich- 

 inond ; Richard Barton Haxall, Eichmond ; Isaac 

 Davenport, Eichmond ; Abraham Warwick ? Eich- 

 mond ; Gustavus A. Myers, Eichmond ; "William "W. 

 Crump, Eichmond ; James Lyons, Eichmond ; John 

 A. Meredith, Eichmond ; William H. Lyons, Eich- 

 mond : John Minor Botts, Virginia ; Thomas W. 

 Boswell, Virginia-; James ThomaSj Jr., Eichmond. 



The Court : The marshal will discharge the pris- 

 oner. 



The marshal did so, when deafening applause fol- 

 lowed. 



The November term of the Court com- 

 menced on the 26th day of November, when, 

 after the swearing in of the grand jury and 

 the charge of the Court to them, Judge Under- 

 wood indicating a desire to hear from the gen- 

 tlemen of the bar any motion they might have 

 to make, Mr. Evarts, of New York, on behalf 

 of the Government, said : 



If the Court please, the case of the United States 

 against Jefferson Davis, which was called at the last 

 term of the Court, when the accused was put under 

 recognizance for the attendance at this term, is now 

 to be brought to your Honor's notice. I observe the 

 counsel of Mr. Davis in attendance ; and I under- 

 stand that the prisoner is obedient to the requisitions 

 of the Court at any time. The intention of the Gov- 

 ernment in regard to that case is to proceed with the 

 trial of it at some time during the present term of the 

 Court, and the considerations upon which the day 

 would be fixed would be but twofold : First, as to the 

 readiness o'f the Government in regard to the produc- 

 tion of their proofs, and the attendance of witnesses, 

 which, however, would not require any considerable 

 postponement of the trial from the present day. But 

 there is another consideration, and that is at what 

 time during the present term the public duties of the 

 Chief Justice of the United States Supreme Court 

 would permit of his presiding with his Honor, the 

 District Judge, at the trial in this circuit. It is un- 

 derstood that his public duties at Washington during 

 the session, which is to commence on next Monday, 

 will preclude his attendance at this trial, and the Gov- 

 ernment propose, therefore, to name a day which 

 will be in the expected order of business in the Su- 

 preme Court of the United States, after the adjourn- 

 ment of that Court, and then to proceed with the trial. 



As the counsel are in attendance, and as the prisoner 

 is in attendance upon the orders of the Court, it is 

 proper that they should both be relieved from any 

 unnecessary inconvenience, and that the counsel of 

 the Government should also understand what call 

 will be made upon them for attendance here. I pro- 

 pose, therefore, if your Honor please, that some day, 

 say the third Wednesday of March, be assigned for 

 the trial. 



Judge Underwood : Do I understand that that is 

 with the assent of the counsel for the defence ? 



Mr. Evarts : I understand that they have no objec- 

 tion to that course, but the counsel will speak for 

 themselves. 



Mr. Charles O'Conor, of New York, on behalf of 

 the counsel for Mr. Davis, replied that they were in 

 attendance, and had no desire to express with refer- 

 ence to the ordinary progress of business, except that 

 it should be conducted in that manner most likely to 

 be attended with the least embarrassment and incon- 

 venience to the defendant and his numerous friends, 

 and to his counsel. They felt themselves bound to 

 render such assistance as might be necessary in se- 

 curing to him a fair, full hearing. Their personal 

 wishes and convenience would have been greatly pro- 

 moted by a trial when Mr. Davis was first brought 

 before the Court, in May last ; and in a greater degree 

 was it true that their personal wishes and convenience 

 would be consulted by proceeding at this time. He 

 was apprehensive that the term of the Supreme 

 Court might continue beyond the time now indicated 

 for the trial, and that, as a consequence, it would be 

 impracticable for the Chief Justice then to be here. 

 In that contingency, the defendant and his counsel 

 would be subjected to a renewal of the inconvenience 

 which they had been obliged to suffer and had suf- 

 fered uncomplainingly on two occasions. However, 

 he found no fault with the Government in its inclina- 

 tion to proceed in the absence of the Chief Justice. It 

 was undoubtedly desirable, in view of all the inter- 

 ests involved, that two judges should preside wheii 

 the case is heard. He conceded that the higher duty, 

 so to speak, of the Chief Justice to be present in the 

 Supreme Court of the United States, and there to 

 preside, prevented him from being present and giv- 

 ing his attendance to this case at this time. He 

 would have been pleased, as would also his asso- 

 ciates, in this doubtful state of affairs, to have re- 

 newed the recognizance of his client for an appear- 

 ance in the month of May, when the Chief Justice 

 could certainly attend ; bnt, not having any control 

 over the matter, the defence had only to ask that a 

 formal order be entered to the effect that Mr. Davis 

 was relieved from attendance and had leave to depart 

 from the court until the day named. 



Mr. Evarts remarked that it would be quite as in- 

 convenient to the Government and its counsel to be 

 t unable to proceed at the adjourned day as it could be 

 ' to the prisoner and his advisers. He suggested that 

 by being able to form a timely anticipation as to 

 whether the day named would be such, in view of 

 the actual course of the business of the Supreme 

 Court, as to permit of the attendance of the Chief 

 Justice here, the danger of the result which had been 

 indicated might be guarded against. If circumstances 

 then appearing should render it unsuitable for the 

 Chief Justice to be expected here in time to go on with 

 the trial, it could very easily be arranged that the at- 

 tendance of Mr. Davis at a still later day in the pres- 

 ent term should so coincide with the commencement 

 of the new term of the Court, as not to make any 

 practical difference. But he anticipated that the Gov- 

 ernment would be able to proceed, and that the Chief 

 Justice would be able to attend in time to dispose of 

 the case at the present term of the Court. It would, 

 moreover, probably better suit the convenience or 

 all parties to be present in the early spring for a some- 

 what prolonged period, than during midsummer, if 

 it should be a protracted trial. 



Judge Underwood expressed entire acquiescence in 



