North Iowa times. [volume] (McGregor, Iowa) 1867-current, 1868-12-09
The Davis Trial.
RICHMOND, Dec. 4, 1868.

AC OON1o
RICHMOND, Dec 4, 1868.
In the United States circuit court, to-
day, Chief Justice Chase presiding, on
the motion to quash the proceedings
against JEFF. Davis, r. II. Dana, for the
government, opened the argument. He
proceeded to show that the 18th amend
ment, pleaded in bar of punishment by
the defendant, was not penal statute; but
merely changcin.a political system to Sc
cure trustworthiness in officers, and to
preserve purity in the administration of
the government; it was a measure of pre-
caution to secure the country against the
filing of Office with persons who once
filled them and broke their oaths. If it
had been intended to infict punishment,
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 people who never held
othce exposed to the penalties Of death
constitution before the adoption of the
amendment. 1t was an expression only
Of public will as to the fitness of persons
who engaged in the rebellion, after break
ing their oaths, to hold Office again it
was not intended to act as an amnesty,
nor was there single word uttered in the
congress that framed it, to warrant such
construction. So far as it was intended
as a test by which such men may be reach
ed and guarded against who had proved
unfaithful to their pledges to the govern
ment it could hot be pleaded in bar of
conviction for treason, seeing that it mp
piled to those only who had, after taking
the oath of Office, engaged in instruction
and rebellion-that is, in levying arms
against the government. With this the
defendant stands charged. 1t would be
strange if jeff. Davis could, as he might,
under this plea, come to the bar and,
acknowledging he was guilty of treason,
deny his liability to be punished, because
Of the fourteenth amendment.
Mr.. OConnor argued that from the very
nature of the great civil war it was i'm
possible to follow it up by trials for trea-
son conducted with thakfairness required
by the law. He said: :ilow utterly re-
pugnant to the worlds idea of humanity
is it that, after being recognized during
the war, in all respects, as equal and hon
| oA0DAS ASHS shV 1ChuClS Va u CUIuuCIcO
force should be searched out in peace, to
be hanged as traitors He maintained
that the government and people had never
int.nded to do this, and it was for this
reason that the fourteenth amendment had
been adopted. It was constitutional
provision, and executed itself, and those
who fell under it were now suffering the
punishment. lie asked the court to give
the construction to the fourteenth article
that the American people intended it
should bear and to accept the great and
bcne6cent mercy in the construction which
they had put upon it. Universal suffrage
should be accompanied hand in hand by
universal amnesty of supposed oifenses
arising out Of the unfortunate controversy
in which universal suffrage may be said to
have its origin and establishment.
/ The court adjourned until tomorrow.
LATER.-After adjournment Of the Unit,
ed States circuit court, tonight, counsel
were recalled, when Chief Justice Chase
announced that the court was divided, he
Chasc) being in favor Of quashing the
indictment, and District Judge Underwood
opposing it. Thereupon the division Of
the court was certified to the supreme
court Of the United States.