The Tiffin tribune. (Tiffin, Ohio) 1868-1887, 1868-12-10
JEFF DAVIS.

siding, to quash the indictment
against Jof. Davis. District Attor.
ney Beach, Gov. Wells and r. II
Dsus, we're counsel for the aovern-
meut, and Robt. ould, o'Conncr and
Blackwell for JEFF. Davis.
Ould agreed that the 18th Amend.
mentpunished Davis by disfranchiso.
mcut and that this punishment was
adopted by the people as a merciful
substitute for the penalties Of death
aud confscation aud that he can now
be punished 10 no other way; that
the will Of tho people expressed in
their Constitution is the law, and re.
peals all former provisions made for
those who engaged in rebellion; that
the l4th Article is that latest cx.
preston intended expressly for, aud
covering the cases Of all who engaged
in the late rebellion and that no man
can be tried twice for the same Of.
fense.
Dana said Mr.. 0uld's proposition
was, in the nature of things, entirely
new, aud was unexpected to tho Gov
ernment counsel, and he expected, al.
so, to the Court. Tho Chief Justice
said the argument Of the counsel was
not unexpected to the Court, il hav-
ing supposed that after the annouuc.
ment that this motion to quash the
indictment was based on the 18th
article, that this line Of argument
would be pursued. Time was give
the Government counsel to confer,
aud the Court took recess.
After roassombling, Gov. Wells
aud District Attorney Beach, for the
Government, replied, conteudiug that
the 18th Amendment merely created
disability, and not penalty, which
is the subject ofjudicial sentence, and
was not inconsistent with tho act
against treason. The amendment
was permanent and prospective, and
could not reasonably bo construed as
intended to repeal the existing pun
ishments for past or future treason.
The Court then adjourned,
(: On the 4th inst. proceedings of
Court were opened by Dana. lie ar.
gued that the l4th amendment plead
in bar Of pauiahmept by defendant,
was not penal statute, but merely
change in the political system to
secure trus tworthiness in Office, and
preserve purity in administration of
the government. 1t was measure
ofprecaution to secure the country
against filling Offices with tho person
WhO once filed them and broke their
Oaths. lfit had been intended to in.
fiict 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 oaths, it
would leave tho people who never
held office, exposed to penalties OF
death and Imprisonment, as denoun-
ced in the Constitution before the
adoption of the amendment, s...It was
an expression ouly of the public will
as to the fitness of persons who en-
gagged in tho rebellion after breaking
their oath to held Office again. 1t
was not Intended to act as an amnes-
~, nor was there single word ut
tered 10 the Congress that framed it =,
nor in the Northern Legislature that
adopted 1t, to warrant such a con-
struction. SO far it was intended as
test by which somo men may bo
reached aud guarded against who
had proved unfaithful to their plodg.
es to the government. 1t could not
be pleaded in bar Of conviction for
treason, seeing it applied to those
only who had, after taking an oath of
ofhes, engaged in iusurrection and
rebellion, 1t is levying war against
the government, Of which tho de-
fsndant stands charged. 1t would
be strange if JEFF Davis could, as he
might under this plea, come to the
bar, and acknowledging he was gull
ty Of treason, deny his liability to be
punished, because Of the Fourteenth
Amendment.
oConner, in his argument at
tempted to show that from the nature
OF the great civil war, il was impos.
sibls to follow it up by trials for
treason, conducted with the fairness
required by law. How utterly re-
pugnant to the world Of humanity is
it,that after being recognized during
tho war as in all respects equal and
hOaOrAble men the leaders Of the
sonqaared force should be searched
out In peace to bo hung as traitors.
lie, maintained that the government
aud people had never intended to do
this, and twas for this reason that
the l4th amendment had been adop-
TAD. II was constitutional provis-
inn. and awaaufad stsalc IL Al