The New Orleans crescent., 1868-12-06
FROM RICHMOND.


The Davis Endictment--The Fourteenth Am
endmenI.-The July Inter = Ms &c e liAn eOu
News.
RICHMOND, Dec. An the United States cir
cult court, Chief Justice Chase presiding on the
motion TO qussh proceedings against Jefferson
Davis, r. II. Dana, for the government, opened
this morning.
He proceeded TO show that the 18th amendment
pleaded in bar Of punishment, by the .iefendant,
was not penal statute, but merely a. change in
the political system, adopted to iseGure trust
worthiness in Office and to preserve putty in the
administration of the government, Gad was q
measure of precaution TO secure the country
against filing Offices with persons who's once be-
fore filed them, and broke their oaths IL 1t had
been intended TO inict punishment It would have
been the utmost folly of legislation, seeing that,
while it would, II viewed as the defendants coun
sci viewed il. tighten the punishment Of the lead
/ ers who held Office and broken theif oaths. it
would leave the people, who never held Office,
exposed 60 the penalties of death and imprisOn-
ment as denounced in the Constitution before the
adoption Of the amendment
IL was an expression only OF the pubic will of
tbe unfness OF persons who engaged in rebellion
after breaking their oaths 10 hold ofcf again. IL
not intended alleged by the defsr Sc, to act
as an amnesty nor was a there single word
uttered In the Congress that framed not the Legs
latures that ADOPTED ii to warrant stch a con-
/ struction. So far from that, it wse intended
as a test by which these men could We reached
and guarded against, who had proved unfaithfu
10 their pledge 10 the government.
II could not be pleaded in bar OF CONVICTION for
treason, seeing that it applied only to- those who
had after taking the oath of office, ENGAGED in in
suuectiOn and rebellion against the etvernment.
Now treason is something more than engagement
In instruction ard rebellion. IL Is levying war
against the government. aud OF this the defendant
stands charged. It would be strangy, indeed, it
Jefferson Davis could, as he might undRr this plea,
come to the bar and acknowledge tiat he was
guilty Of treason, and deny his liability to be
~spunished because OF the fourteenth amendment.
Mr.. Dana contended that. iewed as the de.
fense would have it as a repeal of the Furnishing
clause OF the Constitution, the l4th'artice would
offer premium for rebellion hereafter, securing,
as it would. the participants VINO had. held etiice
frasa ~lI P~"~l'iss sa"s SisiF FanShsems@s.
MIR. O'COnor f0n owed Dana. He showed that
from the very nature Of the great civa war il
| impossible TO follow il up by trials for treason
conducted with the fairness req uired bv law, and
how utterly repOgnant to the worlds idea of hu.
msniy it Is that, after being recognized during the
war as in all respects equal and 3rable men,
the leaders of the conquered forcsst should be
searched out IN peace to be hung asfrJitOrs. That
the government and the people had Iseler intended
to do this, and it was for this that the 14h
amendment had been adopted. II waj constitu-
tional provision, and executed itselfi and those
who fell under it were now suffering ihe punish
ment.
He asked The court to give the construction to
the 4th article that the American pespe intend
ed it should bear, and to accept the. great and
beneficial art OF mercy in the construction which
they shall put upon il. aud which tends to advance
what all good men who are believerssn universal
suffrage much desire, that univetsal suffrage
should be accompanied hand ia ha,td with uni
yersal amnesty OF supposed oifenses arising out
Of the unfortunate controversy, in which universal
suffrage may be said TO have had its origin and es-
tabisbment. The court then adjourned till to-
morrow.
After the adjournment tonight the counsel were
/ ecalled, when Chief Justice Chase announced
hat the court was divided. Justice Chase being in
favor of quashing the indictment, and District
division Of the court was certified to the Supreme
Court fihe United States.
| Snow fell here to-day.
The ship Jos. NAPLES, laden with Railroad sup
plies for Havana, is detained here y the Cuban
revolution.
RICHMOND, Dec. Sit is understood to-day that
il is the intention OF Gen. S;Onemsn u proceed at
once to apply the fourteenth amendu. snt in filing
the Offices of clerks of courts and commonwealth
| attorneys in the State. A list Of persons who
are eligible is being prepared by the civil authori-
ties.
1t is officially stated that two per cent. of the
July interest on the State debt will ss paid jan
| usry l, 1869.
In the United States Circuit Court this morning
the chief justice gave the certificate of q division
of opinion on the motion TO quash tae Davis in.
diciment. The case of Davis in this court was
| then continued until the May term, n order that
! the motion to qussh may be decided in the Su-
preme Court before the case is calleSagain here.
The court directed a renewal of the jsi bonds Of
l the prisoner TO be made.
Chase left on the train for Washington.