The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-12-05
HON. JEFFERSON DAVIS.

pRocEEDINas IN THE UNITED STATES oiccUTT
couRr AT Observation-Disclosures OF B. Il. DANA,
ESQ, COUNSEL FOB THE GOVERNMENT AGAINST
THE MOTION TO oUAsH THE INDICTMENT
AGAINST NIB. DAv1s-REPLY OF CHAs. o'coNoR,
Eso.-cMEF JUSTICE CHASE IN FAVOR OF
oUAsHNa THE NDIcTHENT-THE DISTRICT
JUDGE OPPOSED.
R1cHnoND, December 4.-Eh the United
States Circuit Court, Chief Justice Chase presid-
ing. on the motion to quash the proceedings
against Mr.. Davis, r. d. Dana, Esq, for the
government, opened this morning. He pro
ceeded to show that the Fourteenth amend
menf, pleaded in bar Of punishment by the de-
fendant, was not penal statute, but merely
change in the political system adopted to
secure trustworthiness in Office and to pre-
serve purity in the administration OF the gov
ernment. It was measure Of precaution to
secure the country against filing Offices with
persons who had once before filed them and
broken their oaths. Fit had been intended to
infict punishment, it would have been the ut
most folly Of legislation, seeing that while it
would, if. viewed as the defendants counsel
viewed it, tighten the punishzont of leaders
who had held Office and broken their oaths, 1t
would leave people who had never held office
exposed to the penalties Of imprisonment and
death as denounced in the constitution before
the adoption of the amendment. 1t was only
an EXPRESSION Of the public will as to the fit
ness of persons who engaged in the rebellion to
hold Office again after breaking their oaths. 1t
was not intended, as alleged by the defence, to
act as an amnesty, nor was there single word
uttered in the Congress that framed or the Leg
islatures that adopted it, to warrant such con-
struction. So far from that, it was intended as
test by which those men might be reacned ana
ouarded against who had proved unfalthful
to their pledge to the government. 1t could
not be pleaded in bar Of conviction for treason,
seeing that it applied to those only who had'
after taking their oath Of Office, engaged In IN
surrection and rebellion against the govern
ment. Now, treason is something more than
engaging in insurrection and rebellion. 1t is
leyyipp war against the government; and OF
this the defendant stands charged. 1t would
be strange, indeed, if Jefferson Davis could as
he might under this plea, come to the oar OF
the court, and acknowledging that he was guilty
Of treason, deny liability to be punished De-
cause OF the Fourteenth amendment.
MIR. O'Conor followed MIR. Dana. He SAID !:
Viewed as the defence would have it, as re-
peal of the Furnishing clause Of the constltu-
ton, the Fourteenth article would offer pre-
MUM to rebellion hereafter, securing the par
ticipator, as it would from all penalties except
disfranchisement.
MIR. OConor argued that, from the very na-
+ure of q great civil war, it was impossible to
follow it up by trials for treason conducted
with the fairness required by law. Ho" utter
" reuusnant to the worlds idea of humanity it
ia that, after being recognized during the war
as in all respects equal and as honorable men,
the leaders Of the conquered force should be
searched out in peace to be hung as traitors.
The government and people had never IN
tended to do that, and it was for this
reason that the Fourteenth amendment
was adopted. It was a constitutional provl-
sion and executed itself, and those Who fen
nnder it were nov suffering punishment. he
asked the court &C give that construction 70