The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-12-05

OF Prussia received the French Am
bassador with assurances of friend
ship for France.
News ltems.
CHARLESTON, December AR
rived-Schooner w. II. Jones, Phila-
delpbia; steamship Charleston, New
York. The steamship Virgo, for New
York, is detained here by heavy
weather.
RALEIGH, December 4.-The inves-
tigation in the bribery case will now
proceed. Grave disclosures are pro.
missed.
MONTGOMERY. December 4.-The
Senate to-day passed bill making
the wearing of DISCUSSES and masks
by any number of men q crime, pun
ishable by fine and Imprisonment.
RICHMOND, December 4.-In the
United States Circuit Court, to- day,
Chief Justice Chase presiding, the
motion to quash proceedings against
Jefferson Davis was discussed. r. III.
Dana, for Government, opened this
morning. He proceeded tc chow that
the fourteenth amendment-pleade
In bar of punishment by defendant
WAS not q penal statute, but was
merely change in the political sys-
tenn, adopted to secure trustwortbi-
ness in office and personal purity in
the administration of the Govern
ment. 1t was measure of precaution,
to secure the country against filling
Offices with persons who once before
filled them and broke their oaths. If
1t had been intended to inhict punish
ment, 1T would have been the utmost
folly of legislation, seeing that it
would, if viewed as the defendants
counsel viewed it, Tighten the pun
lshment OF the leaders, who had held
Office and broken their oaths; it
would leave the people, who never
held Office, exposed to the penalties
OF death and Imprisonment, as de-
nounced in the Constitution, before
the adoption of the amendment. 1t
was an expression only of the public
Will of the fitness of persons, who
engaged in rebellion, after breaking
their oaths, to hold office again. It
was not intended, as alleged by the
defence, to act as an amnesty, nor
was there a single word uttered in the
Congress that formed nor the Legis-
latures that adopted it, to warrant
such construction. So far from
that, it was intended as test, by
which these men may be reached and
guarded against, who had proved
unfaithful to their pledges to the
Government. It could not be plead
in bar of conviction for treason, seeing
that it applied to those only who
had, after taking the oath of office,
engaged in insurrection and rebellion
against the Government. No-trea-
son is something more than engag-
ing in insurrection and rebellion; it
is waging war against the Govern
ment; and of this the defendant
stands charged. It would be strange
indeed ifJefferson Davis could, as
he might, under this plea, come to
the bar. and acknowledging that he
was guilty of treason, ,gdeny the liza
bility to be punished, because of the
fourteenth amendment. Mr.. O'Con-
nor followed Dana.
WASHINGTON, December 4.-Gen.
Reynolds, commanding in Texas,
wants more troops and military com
missions.
The Supreme Court meets on Mon
day. All the Associate Judges are
here. .e.
Customs receipts from the Esd to
the 30th November, inclusive, $2,-
766, 900. Internal revenue receipts
to-day, $677, 900.
MOBILE, December 4.-This morn
ing, at Q o'clock, the steamer Dorance,
lying at the wharf, exploded her
boilers. At the time the accident
occurred, the United States Inspector
was testing them. Two negroes were
killed outright, another has since
died, and several injured: two whites
also injured.
CLEVELAND, December A COLI
sion occurred on the Cleveland and
Toledo Railroad to-day. Ono un-
known passenger killed and several
hurt. A misplaced switch.
HAVANA, December 4.-Several
rebel chiefs and agents have been
brought prisoners to Havana. There
is great destitution in the insurgent