The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-06-13

gresslonal test oath, indicates with
certainty that all test oaths will be
pronounced unconstitutional at the
next term of the Supreme Court,
thus wiping them out of existence
and making them mil and void.
Undcrwood-Hit Him Again.
The correspondent of the New
York World writes:
After the utterances of Underwood,
a conviction will exist that Mr.. Davis
was indicted by packed jury, and
will be tried by packed jury, before
Judge who has everything Of JET
freys but his brains. It is the first
act of one Of the best farces I ever
Witnessed. A District Court can
take no cognizance of such cases, and
as to this being Circuit Court, law
yers assure me that Judge Under
wood had no more personal right
than you Or I have to transfer his
Circuit Court forom Norfolk to this
place.
Of all that crowd, the most unhap-
py y-looking man was the Judge him
self. There he sat, trying to assume
an air of noucha2t,nce by reading a
newspaper, but trembling with eyi-
dent nervousness, and looking rs if
he were the man on trial Certainly
any novice, were this the first Court
room he ever saw in his life, might
easily have mistaken the judges
bench for the prisoners dock. The
Judge would read little, apparent
ly, then scratch his head, twitch his
fingers, and fall to altering some
manuscript that lay before him.
Meanwhile, it was evident he felt
every eye upon him, and we'll might
he doubt his capacity to cope with
his position when he saw the large,
leonine, curly head of Brady in close
confab with the bald and polished
Reed, or with Brown looking through
his spectacles as sharp Us o terrier
That staid and dignifed :. nrnal,
the National htelligencer, refers to
Judge Underwood's charge in the
following caustic remarks:
We could not but feel that this
was time for Marshall to occupy
the seat of Justice, SO that the i'm
posing spectacle of SO great a trial
should be in keeping with the dig
nifty and historical interest of the oc-
casion. We were unwilling that, on
such q memorable occasion. we should
run any hazard of belittling our
selves. We desired to see mani
festation of dignity, propriety, ele-
yation, impartiality and moderation
worthy OF our prestige among the
nations
We remember, in the famous trial
of Charles l, the event is noted that
one of the audience spat upon the
king as he was being taken out Of the
court. We hoped to see nothing of
this on the trial of Mr.. Davis.
We confess, therefore, under the
influence of these ideas, we read
Judge Upderwood's charge with a
certain degree of solicitude. and We
are sorry to say that, by the time we
had got through with it, we felt no
necessity Of praying ''to be delivered
from all vain glory, for we were hum
hled enough, in all conscience.
We were, perhaps, unreasonable in
hoping for what we did, for Judge
Underwood cannot be other than
himself. He can no more play the
role of Judge Marshall than Judge
Marshall could have played the ,.ole
of Judge Underwood.
! We must take Judge Underwood
us we find him. and we may readily
concede that he has done his best,
and, if it is no better, it is not his
1ault SO much as his misfortune. AS
some persons cannot distinguish CO.
lors, so others are insensible to the
concord Of sweet sounds If Judge
Underwood is a person Of very ordi-
nary intellect, of but little literary or
legal cultivation and worse taste, and
under the influence Of the most vio-
lent prejudice, he deserves our pity
more, perhaps, than our denuncia-
ton.
The famous Confederate steamer
4