Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1868-12-11
The Case Of MIR. Davis-M.y .ytion to 0uast
... the hdiet.. ..lent.

The case Of Mr.. Davis has been
once moro kefore tho United States
<Irca's Court at Richmond. On
Fh"rsday OF tie past week, motion
was made to oaash the Indictment. on
tho grou!;d that the Constitutional
Amendment, lately adopted, in i'm
posing certain disabilities upon those,
who having taken an oath to suppoy t
tho Constitution, afterwards took rart
against the Government, prec..l!dc,l
the imposition Of amv further punish
ment, pain or penalty. The motion
was supported by judge Ould and
Charles O'Conor, in ab.c arguments,
and was resisted by the Government
Counsel. Tho Court, in making de-
clsion upon the question, was divided
in opinion Chief Justice Chase sus-
tanning tho motion to quash the in
dietment, Judge Underwood dissent
ing. Tho matter thus comos up be-
~N~ VIZ hSoPIciuc COuTt.
e.ll tho indications point to the
early settlement of the case, and the
final discharge of the i! !lustrious pris.
oner. The public mind has been long
satisfied that there could ho no con-
viction, and tho fear Of this result
seems, all along, to have prompted
the diIotory action of tho Govern
ment, in delaying tho trial: The Gov
ernment has no desire to try Mr..
Davis. Else it might have brought
ON the trisl any moment during the
past threo years. President Johnson
evades esponsibility for the delay, BY
laying it at the door Of the Courts
Chief Justice Chase. in whose judicial
circuit the trial, if ut all, must take
place, declined to assume jurisdiction,
until the full restoration of civil law :
and since then, prosecuting Attorney
and Judge seem to have united in
framing pretexts for continuing the
cnse from term to tcrn, until even the
indignant public sentiment of the
North demanded tho release or the
trial Of tho prisoner. Hc was fclcas
ed more than year ago on bail, and
that release foreshadows his fiual dis-
charge.
We con we'll appreciate tho motives
which prompted tho action Of the
Government, and realize the dilicul
ties which formed the groundwork of
its fears: President Davis was the
representative of a gallant people who
wont to war in vindication of a prir-
ciple; who assumed arms not in re-
sistance of what they believed lawful
authority, but at the call and to assert
the rtgh1ts Of their recognized State
soyereignties. For four years they
successfully asserted and maintained
those rights; fought battles, gained
victories; dictated terms, and obtained
the recognition of overy beligerent
right. Reverses canc. Southern
skill, cou ago and devotion availcdl
nothing against Northern endurance,
hacked by ths public seutment Of the
world, aud their own RESOURCES Of
money and pau. But how rspue.
nant to al just conception Of The
principles which entered in the great
contest, or those brilliant achieve
ments which. formed the staple of its
ovantful ecenes, to regard the gallant
eoldlers who suffered defent at Apo
patox, as traitors deserving Of the i
halter--to refuse them that in peace
which they had 60 oftea extorted in
war who hpd been of,ener viotors
than van4uished--oftener proffered
amnesty than sued for morcy. Apart
then from the causes which provoked
tho recent struggle, tho magnitude Of
the ceatast ITSELF and the belAser.
ent rights which were recognised
fhronghapt It's progress, etamp it as
something move than a reasonable
r'slstanoe to lawful authority. What
pssvsF ZION Of ideas, what q mis-
apprehension Of terms, to designate II
the acts Of great communities, excr. /;
t1sing al the functions of SOVEREIGN. Q
~, by technical de anitions Of crime, I
drawn from the vocabulary Of munici. II
pa legislation Bat 60 back t6 the h
or's1n OF the late war, and what stu Z
oene OF the constitutional history ofEo
ahis country will hesitate to say, that f.
the question at issue, as to the respsot ID
i've powers Of tho General and State ID
was one upon which ls
men might honestly diffsr--upon Ii
which there was difference OF opin. ~
ION North, ss well a. South. Let q
him read the great arguments of Mr.. |a
and oven if he bslieyes him 3,
70 be wrong, he will scarcely have G
;he hardihood to assert him to ba so a,
Nearly in the wrong, as to bo guilty ii
u . criminal intent in obeying tho Ec
'oheetS of the State rsthar +h,,, 1,