The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-05
THE CASE OF JEFF DAVIS.

Argument Of MIR. Dana on the Motion TO
Quash the Indictment - Reply of MIR.
O'Conor-The Court Divided-Chief Justice
Chase in Favor of Quashing the Indictment.
RICHMOND, Dec 4, 1858.
In the United States Circuit Court to-day, Chief
Justice Chase presiding, on the motion to quash
the proceedings against Jefferson Davis, r. III. DANA
for the government opened this morning. He pro-
ceeded to show that the fourteenth amendment
pleaded in bar OF punishment by defendant, was not
q penal statute but was merely change IN the po-
lical system adopted to secure trustworthiness in
ofhce and preserve purity In the administration Of
the government. 1t was measure OF precaution to
secure the country against filling offices with per-
sons who once before filled them and broke their
oaths. II 1t had been intended to innict punishment
u would have been the utmost folly OF legislation,
seeing that while It would, II received as the defend
s w reee Ssd T. Tighten the
oatns, It would leave people who never held
office exposed to penalties Of death and imprison.
the adoption OF the. amendment. 1t was an
expression o. only Of the public VIII as
in rebellion after breaking their oaths to hold Office
again. 1t was not intended, as alleged by the de-
fence, to act as an amnesty nor was there q single
Northern Legislatures that adopted IL, to warrant
such construction. So far from that, 1t was In.
tended as test by which those men may be reached
and guarded against who had proved unfaithful to
their pledges to the government. 1t could not be
pleaded in bar Of conviction for treason, seeing that
1t applied to those only who had, AFTER taking oath
OF office, engaged In instruction and rebellion
against the government Now, treason Is some
thing more than engaging In instruction and rebel
lion. 1t Is levying war against the government, and
OF this the defendant stands charged It would be
strange indeed il Jefferson Davis could he might
under this plea come TO the bar and, acknowledging
tnat he was guilty OF treason, deny liability TO
be punished because Of the fourteenth amendment
Mr. Dana commended that, viewed as the defence
would have IT. as a repeal OF the Furnishing clause
OF the constitution, the fourteenth article would
ofrer premium for rebellion hereafter securing
1t would the particlpators who had held ONCE from
all penalties save dlsfranchisement.
war that it was impossible to follow it
up by trials for treason. conducted with the
to the worlds idea or humanity Is that after being
recognized during the war in all respects as equal
and honorable men the leaders OF the conquered
traitors He maintained that the government
and people had never intended to do
this and it was for this that the fourteenth
amendment had been adopted. 1t was consttu-
tional provision and executed ITSELF and those who
fell under 1t were now suffering the punishment.
He asked the Court to give the construction to the
1t should bear, and to accept the great and bened
cent act OF mercy in the construction which they
had put upon it and which tends to advance what
all good men VINO are believers in universal suffrage
SO much desire, that universal suffrage should be
accompanied, hand in hand with universal amnesty
OF supposed offences arising out OF the unfortunate
controversy in which universal suffrage may be said
to have had It's origin and establishment.
The court adjourned until tomorrow, but after the
adjournment tonight the counsel were recalled,
when Chief Justice Chase announced that the court
the indictment and District Judge Underwood OPP
posing It, Thereupon this division OF the court was
Chief Justice Chase leaves for Washington to-mor-
row morning.