Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1868-12-11


In the U. S. Circuit Court, at Richmond,
Chief Justice Chase presiding, on Thursday
last, the argument, on the motion to quash
the Indictment against Jefferson Davis. was
commenced.
The following plea, submitted by Mr.. Da-
Wis Counsel, sets forth the grounds for the
motion to quash the indictment.
1.-The indictments in these cases were
framed on the alleged fact that the defendant
did engage in the insurrection and rebellion
against the United States known to the court
and to the several departments of the gov
eminent as having existed at the several
times mentioned in the said Indictment, in
the State of Virginia and elsewhere, and
thereby gave aid and comfort to the enemies
of the United States engaged in said insur-
rection and rebellion. And the defendant
alleges that prior to such insurrectlon and
rebellion, and in the year 1915, he, the said
defendant, was member of the Congress of
the United States, and, as such member,
took in said year an oath to support thecon-
stitution of the United States in the usual
manner, and as required by law III such
case. And the defendant alleges in bar OF
any proceedings upon said indictments, or
either of them, the penalties and disabilities
denounced against and inflicted ON him for
his said alleged offense by the third section
of the fourteenth article of the constitution
rf the United States, forming an amendment
ia suob constitution And he insists that
any judicial proceeding to infict any other
or further pain, penalty Or punishment upon
him for such alleged offense is not admissible
bv the constitution aud laws Of the United
States
Wherefore he, the said defendant, moves
the court now here to quash and set aside
the said Indictment, or to dismiss the same
ans! the prosecution thereon, as the aforesaid
5acts and circumstances shall require and as
may seem proper.
The Government was represented by U.
S. Dist. Attorney S. F. Beach, r. Il Dana
Jr.. of Boston and Gov. Wells of Richmond,
all Of whom argued the motion. Mr. Davis
was represented by Chas. O'Conor, Of New
York, Judge Guild and james Lyons, OF
Richmond, and Hon VIM. B. Reed, OF
Philadelphia, the former two of whom, only
engaged in the argument.
The Counsel for the Government contend
ed that the fourteenth amendment was not
penal statute, but o precautionary measure
to prevent the Offices of the country from
being filed by old oficc-hoders. who had
broken their osths of Office That it was
not an amnesty, but simply test to guard
against those who had broken their faith
with the Government, and that it could not
be plead in bar of conviction i9f treason
seeing that it applied to those only who had
often taken the oath Of Office, and engaged
in instruction and rebellion against the gov
crnment. That treason is something more
than engaging in insurrectlon and rebellion ;
it is levy;ng war against the government,
and OF this the defendant stands charged
That it would be strange indeed if Jefferson
Davis could, as he might under this plea
come to this bar, and, acknowledging that
that be was guilty of treason, deny his lia'
biiity to be punished because of the Four
tcenth Amendment. That regarded as a
repeal of the furnishing clause OF the Consti-
tuition. as claimed by the defense, the -Four
teenth Amendment would offer premium
for rebellion hereafter, by shielding partici-
Dators who had held Office from all penal
ties save Acknowledgement
The counsel for Mr.. Davis argued that
he was now suffering the penalties and dis
abilities inflicted upon him for his alleged
offense and that any Judicial proceeding to
;nAiet further pains and penalties for the
same alleged offense is inadmlsslbe by the
canst;tu4;eS, and laws of the United States.
That from the very nature of the great civil
var it was impossible to follow itpp by trials
s,r treason conducted with the fairness re-
CURED by Jaw. That it was utterly repppss-
naut to the worlds idea Of humanity after
being recognized during the war as, in all
respects, equal and honorable men, the lead
CTS Of the conquered force should be search
ed cut in peace to be hung as traitors; that
the government and people had never inten-
I'd TO do this. and it was for this reason the
fourteenth amendment was adopted.
That it wasa constitutional provision, and
executed itself, and those who fell under it
were now suffering the punishment, and
asked the court to give this construction to
she fourteenth article, which it was evident
the American people intended it should bear,
and 10 accept the great and benefcent ac'
of mercy in the construction which they had
put upon it.
After the adjournment of the court, or
Friday last, the Counsel were called together
and Chief Justice Chase announced that the
court was divided, be being in favor Of quasb-
ing Indictment and Judge Underwood op-
posing This division of the court was GER
tilted to the Supreme court of The United
States, whore the question will be hnal'y
argued and determined
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The is1c'.la'ssd Wig learns that Gen.
:stoneman is endcavoring to arrange soase
modification Of the Stay Saw, as substitute
for the statute which expires on January lst,
It is thought 10 be somewhat of a compro-
mise, which, while, te ssnis extent, restrain
ing creditors, win put pressure upoa debt
ors The Hhig is informed that he will
make no announcement On the subject until
IL