New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-12-05
BY TELEGRAPH
Evening Dispatches 10 the Associated Press.

he proceeded 10 snow Lnat the fourteenth
| amendment pleaded in bar of punishment
| by the defendant was not a penal statute,
but merely change in the political system,
| adopted to secure trustworthiness in office
| and to preserve purity in the administration
of the Government, and was a measure of
precaution to secure the country against
| filling offices with persons who once before
| filed them and broke their oaths
If it had been intended to infict punish
ment, it would have been the utmost folly
| of legislation, seeing that while it would, if
viewed as the defendants counsel viewed it,
| tighten the punishment of the leaders who
had held office and broken their oaths; it
would leave the people who never held Of
| fee exposed to the penalties of death and
| Imprisonment, as denounced in the Consti-
tuition before the adoption of the amend
ment.
1t was an expression only of the public
will of the unfitness of persons who engage
in rebellion, after breaking their oaths, to
| hold Office again. 1t was not intended, as
alleged by the defense, to act as an amnesty.
Nor was there single word uttered in the
Congress that framed nor the Legislatures
| that adopted 1t to warrant such construc-
| ton. So far from that, it was intended as
test by which these men could be reached
| and guarded against who had proved un-
| faithful to their pledge to the Government.
1t could not be pleaded in bar of conVic-
tion for treason, seeing that it applied only
| to those who had, after taking the oath of
office, engaged iu insurrection and rebel
| Ion against the Government. Now, treason
is something more than engagement in in.
surrection and rebellion. 1t is levying war
| against the Government, and of this the de-
| fendant stands charged. 1t would be
strange, indeed, if Jefferson Davis could, as
| he might under this plea, come to the bar
and acknowledge that he was guilty of
treason and deny his liability to be punished
| because of the fourteenth amendment.
Mr.. Dana conten6ed that, viewed as the
defense would have it, as repeal of the
Furnishing clause of the constitution, the
| fourteenth article would offer a remium for
| rebellion hereafter, securing as it would the
participants who had held Office from all
| penalties save sfranchisement.
Mr.. 0ConnOr followed Mr.. Dana. He
| showed that from the very nature of the
| great civil war, it was impossible to fSllow
it up by trials for treason conducted with
! the fairness required by law. and how utterly
repugnant to the worlds idea of humanity
IL IS, that after being recognized during the
war as in all respects equal and honorable
men, the leaders of the conquered forces
should be searched out in peace to be hung
as traitors.
That the government and the people had
| never intended to do this, and that it was
for this reason that the fourteenth amend
ment had been adopted. 1t was n constitu-
tlonal provision and executed itself, and
those who fell under it were now suffering
the punishment.
He asked the court to give the constluc.
| tion to the fourteenth article that the Amer.
| ican people intended it should bear, and
to accept the great and beneticent act of
mercy in the construction which they had
| put upon it., and which tends to advance
what all good men who are believers in
universal suffrage so much desire, that uni
versal suffrage should be accompanied hand
i'll hand with universal amnesty of supposed
otfenses arising out of the unfortunate con-
| troversy In which universal suffrage NAV
! be said to have had its origin and establish
ment. The court then adjourned TIL to-
morrow.
After the adjournment tonight the coun.
sci were recalled, when Chief Justice Chase
announced that the Court was divided,
| Justice Chase being in favor OF quashing
the Indictment and District Judge Under
| wood opposing. Thereupon this division of
the Court was certified to the Supreme
Court of the United States
Chief Justice Chase leaves for Washington
| to morrow morning.
Snow fell here to-day.
The ship Jos. NAPLES, laden with railroad
supplies for Havana, is detained here by
the Cuban revolution.
FLORIDA = Supreme Court DecIsion
Against GleasOn's Petition Justice
WescOtt's Points.
TALLAHASSEE, Fla, December 4.-The Su-
preme Court, to-day, unanimously decided
that the petition of Lieutenant Governor
Gleason, to remove the case to the United
States Courts, under the Civil Rights bill,
did not allege any fact which brought the
case within the act referred to, and that
Lieutenant Governor Gleason had had every
right extended to him, and had in this Court
\ full and fair hearing, and that his con-
plant, if he had any, could only be based
on the assumed discretion vested in him by
an erroneous construction of the civil
rights bill to approve and decide that the
decision of the court as to the law of the
case was not what he thought it was.
Respondent Gleason, upon the announce
ment of this opinion, left the court roou,
and his counsel abandoned the case. Judg.
ment of custer is expected.
Justice Wescott, in announcing the
opinion as to the Jurisdiction of the court
stated that the case was instituted to try
the right of an individual to an office Gre
ated and existing under the Constitution of
the State, and that the respondent, Gleason,
did not belong to any class denied right
guaranteed by the first section of the Civil
Rights bill; that he had had full and fair
hearing; that, however, If the court was
mistaken in its construction of the Civil
Rights bill. and if it was, as contended,
unconstitutional, the effect would be to
place it in the power of any individual
to stay all proceedings in the State courts
at his own discretion.
Justice Westcott further stated that the
section of this act prescribing penalty for
it's violation had been read, and that he was
ready to meet any prosecution which could
follow the honest exercise OF judicial dis
cretion.
The indications are that on the meeting
of the Legislature next month impeachment
will bloom afresh.
SAVANNAH-Nea Receipts of Cotton
The cctdent to Steamship Florida.
SAVANNAH December Met receipts of
cotton for the week 13, SsS bales upiands,
26 bales Sea Islands; total receipts-up-
lands Is, 1904, Sea Islands $40; exports to
England--uplands 9lS3, Sea Islands 81;
other foreign ports-upands 269l; stock
uplands "a 1880; Sea Islands 26Sl bales.
The steamship Florida put back on ac
count of arrangement of her machinery.
1t commenced raining heavily last night,
and continued till noon today, when it
cleared of, cool.
FOREIGN-ArrIvnI OF a steamer for
New Orleans at Havnna-spanIah Ap-
POlntmenta.
HAVANA, December 5.-Steamer Santiago
de Cuha, from New York for New Orleans,
arrived yesterday.
MADRID. December 5.-Laureaud Sauz &C
eepts the Captain Generalship of Porto Rico,
provided additional troops are furnished.
Dulce sails for Havana on the fifteenth in-
stant.
AIIsCELLANE EOUs PaeIhc Railroad
Bridge Carried Away by Ice-skater
drowned In New YOrk-Fire In Gal
weston
OMAHA, December 5.-Fhe temporary
hNfA arvt thci if1n