The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-12-05

nored. But the defendant comes into court
and attempts to escape prosecution because
be committed a different offence. He says,
TOO. that he did commit treason, but as IN
addition to this great crime ne committed
another almost az heinous, ne must not be
punished. The absurdity Of such IN argu-
ment is apparent.
Mr.. Dana then argued at length to prove
that treason and engaging in instruction
or rebellion are different crimes. In this
view he held that it was impossible for the
court to say that statute prescribing
punishment for one crime repealed that
dealing with another.
In conclusion, he submitted two simple
propositions as summing up the views which
he held:
lst. That this constitutional amendment
is provision having in view the trustwor-
thiness Of the pillars Of Office.
I'd. That law imposing certain PEN
atty for one offence cannot repeal statute
prescribing the punishment for another.
ARGUMENT OF MR.. OCoNoR.
Mr., Dana was followed by Mr.. OConor,
who closed the argument for the defendant.
In the opening of his argument MIR.
O'Conor remarked that the motion submit
ted by his associate counsel had been met in
q manner becoming the occasion, and in
such a way as to reflect upon the good sense
and the magnanimity of the Government
and its representatives nothing but honor
and credit. Agreat transaction, constituting
mighty element in the history of the pre-
sent age, instead of being submitted to
Jury of twelve men to consider whether
there was indeed civil war, with the &C
cused ut the head of the insurgent party,
throughout the length and breadth of the
State of Virginia, had passed into the ma
ture of private inquiry as to the matter
of fact demanding attention. 1t was
beneath the dignity of the Government
and beneath the dignity of the honor
able counsel to come here and hesitate
to concur with the accused's counsel.
This was a most conclusive proof Of the
actual improperly of the indictments, and
of their total inaptitude for the great occa-
sion which was brought before the notice of
the court. The case, in point of Uenue, was
in the right place, being in the capital city
of the State which gave birth to the Father
of his Country, and where the most learned
and illustrious of the chief justices OF the
Supreme Court of the United States have
presided to protect citizens against persecu-
tons for alleged treasons. In approaching
the argument in the case, the first PROPOSE
ton to be laid down was that this constitu-
tional amendment, whatever might be its
effect. executes itself, and calls for no judi
cial action to effect it's efficacy. Second,
that it denounccs a punishment, and Of
course executes punishment to particular
class of individuals, who, previous to its
enactment, were subjected to the pains and
penalties of treason under the preceding
laws and statutes for participating in the
rebellion, &C., which took place in the
State of Virginia and throughout the South.
And in the outset it was designed to claim
and to seek to maintain that the punish
ment which this section denounces is ac-
tually adapted to the punishment of a
moderate class of persons as the proper
delinGuents. In the consideration OF this
third section of the constitutional amend
ment the attention of the court was in
vited to its precise words and their import.
1t is found that the trainers. contemplated
its opera ton upon the Individual. The only
difference lies in the choice Of the word
disqualification in one case, and disability
in the other, which essentially are Of like
import and the sovereign people of this
republic, in this their written Judgment,
have declared that such denunclation
would have the effect of prohibiting and
preventing punishment unless there was an
express provision made to prevent any such
construction. This fourteenth amendment
was but o supplement to the Constitution,
and it vas unreasonable to suppose that by
eight or ten criminal trials it was intended
TO administer consolation to an already
vexed and agonized people. The events OF
the past war have been bitterly atoned for
in the modification of defeat, the desOlated
homes and the destruction of prospects,
and in sutferings Of thousand kinds. 1t
vas time the sword should be turned into
the pruning hook for the advancement of
the country's prosperity and the sustenance
of themselves and children. The trainers
of the Constitution never designed such
measures as would result in the degradation
of one portion Of the Union, and the autho-
rites cited from the Supreme Court and
from the State Of New Ierk have fully es-
tablished that disqualification is to be re-
garded as punishment. The terrible eff
feet of disfranchisemeut and disqualltica-
ton not only prevents the citizen from
holding office under the Government or ac-
cepting of any position OF honor or trust
under it, but in time OF war, when an enemy
invaded his native village, would prevent
him from even occupying any other position
than that of private in the ranks, and re-
duces q southern man to a condition even
humber than his former humblest slave.
And who are these men thus stigmatized
They were the very selected intellect Of the
whole South, chosen from among themselves
in the days of their virtue and IN the
period of their alleged vice. possessing the
best Intellectual powers to serve their
country either in civil or in military service.
And vet the counsel for the Government
has sneered at the propositions advanced
by the counsel for the accused, and SAID
ais it possible that nothing but disfran-
chisement and disqualification IS to be
visited upon the chief offender IN the late
controversy ?"
This section, 80 far as it applies to the
subject under consideration, the recent re-
bellion in these States-is made applicable
by the sovereign people to known state OF
facts-to wit, that ten or more States in this
Union did, by the consent Of a great
majority of their people, engage in trea-
sonable war against the United States. 80
that one and altman, woman, and child t
might be said-are involved in the pains
and penalties pronounced by the statutes
of the United States against them for trea-
son. The history of all mankind shows
that the close of great civil war Of this
description has always been signalized by
an absolute declination on the part OF the