New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-12-05
JEFFERSON DAIISS TRIAL

SIR. Z. H. DtNA's ARGUlTNT-THE FOURTEENTH
AMENDMENT NOT A EAR OF PUNISHMENT
MIR. CHARLES O'CONOR REPLIES-TIE JUS
1ICEs UNABLE TO AGREE,
richmond, Dec. 4.-In the United States Cir
cult Court today ChiefJustce Chase presiding the
motion TO qulsl the proceedings against jefferson Davis
r. IT, Dana, Tor the Government, opened tAs morning
he commended that the Fourteenth Amendment which had
been pleaded m bar Of punishment by the defendant IA
not q penal statute but merely charge in the political
systeu, and adopted 70 secure trustworthuess In
Office and preserve purity in the administration OF the
Government measure Of prccauon 20 secure the
country AGAINST ming offices with persons Who once BE-
fore ulsd them and broke their aths. II % had been n
tended 10 mAlct punishment it would have been tho
utmost folly Of eslaton seeing that while II would,
received defendants counsel received H. tighten
the pun shneSt Of the leaders who had held Office and
broken their odths. IL would leave people who never
held Office exposed TO penal ties OF death and impiaon
mcut as denounced in the Constitution before the
adoption Of the amendment. II was an en-
press.on only OK tie public viii concern
ing the fitness Of the persons VINO engaged
IN rebellion after breaking this OATH TO hold Office again.
II was not Intended as alleged by the defense TO act az
an amnesty nor WAS single word uttered IN the Con
zress that framed tho Northern Legislatures that
adopted IT, 70 warrant such construction 50 far from
that 10 was intended test by which those men may
b., reached and guarded against who had proved uuiah
full 10 thcrpedgcs 10 tho Government It could not be
MEAD IA bar OF conviction FOR treason seeing that II ap
Piled 10 those Only lad. after taking tho oath Of
Office engaged in Instruction and rebellion against tho
Government Now treason - something moro than en-
gazing u srrccfio and rebellion. II Is lcyyihg war
Hetn.t tic Government. and q ihls the defendant
stands charged T. would bee strange indeed II Jefferson
bar and acknowledging that Doc lad nccu gully OF trca-
deny liability to DO punished, because OF lAc
Fourteenth Amendment VI. Dana conlchdcd uat
ycwpd as the defense would have H. as repeal OF me
Furnishing clause Of the Constitution, the Fourteenth Ar
tce would offer premium for rebellion hcreaitcr secur
ing a. 10 would the parucpiors VINO had htId once rom
al penalties save Acknowledgement.
Mr.. OCOuOr followed Nr. Dana. lie showed from the
very nature OF great civil that II was impossible
90 follow ny by TRIALS for treason, conducted with tho
idrup~. required bY law. How utterly rcpugnaAt 10 tho
worlds idea OF humanity that after being recognized
during the in all respects IS equal ana bonoTaDe
the leaders Of the conquered force should DC searched
ont ia peace TO DE hung traitors He maintained mat
the Government aBd pcOpe had never intended 80 90 ths
and intended for this that tho Fourteenth
Amendment had been adopted. II a constitutional
provision and executed itself and those VINO Tell under IL
the construction 10 the Fourteenth Article that
the American people intended IL should bear, and 10
Cept tho great and benciceuJ act OF mercy In the
they put Wllch TENDS 10
advance what all good mon who are believers IN unyer
sal suffrage much desre-that universal suffrage
should accompanied hand I'm hand with universal
controversy which universal suffrage may DO said 10
have had It's origin and establishment
Tho Court adjourned unit! tomorrow
After the adjournment OF the United States Circuit
Court tonight, the counsel recalled, and Chief
Justice Chase announced that the Court divided lie
Chase being favor OF quashng tho indictment. and
District Judge Underwood opposing 10 Thereupon. this
division OF the Court certified TO the Supreme Court
Of the United States.
ChiefJustico Chase goes to Washington tomorrow
morning.