The Van Buren press. [volume] (Van Buren, Ark.) 1859-1914, 1868-12-15
THE DAvls TRIAL.
The Argumehts Of Dana and O'Con-
Judge Chase Favors ouashing Indictment.
RICHMOND, December 4.

I
RICHMOND, December 4
In the United States Circuit Court to
day, Chief Justice Chase presiding, on
motion to quash proceedings against
JEFF Davis, K III. Dana for the Govern
ment, opened this morning He proceed
ed to show that the 18th, amendment,
pleaeed in bar of punishment by defend
ant, was not penal statute, but merely
change in the political system to secure
,rustworthiness in Office, and preserve pu
rty in the administration of the Govern
ment. IL was measure of precautlon
to secure the country against filling of
fees with persons who once filled them
and broke their oath. If it had been in
tended to intlict punishment, il would
have been the utmost folly of legislation,
seeing that, while it would, if viewed as
the defendants counsel view it, tighten
the punishment of the leaders who had
held office and broken their oaths, it
would leave people who never held office
exposed TO the penalties of death and i'm
prsonment, as imposed in the Constitu
ton before the adoption of the amend
ment 1t was an expression only of the
public will as to the fitness of persons
who engaged in the rebellion after break
ing their oath, to hold office again. 1t
was not intended to act as an amnesty,
nor was there single word uttured III
the Congress- that framed, nor in the
Northern Legs .latures that adopted it, to
warrant such construction. So far as it
was intended as test by which such men
may be reached and guarded against who
had proved unfaithful to their pledges to
the Government, it could not be pleaded
in bar of conviction for treason, seeing
it applied to those only who had, after
taking the oath of office, engaged in in
surrection and rebellion, in levying war
against the Government. OF this the de-
PENDANT stands charged 1t would be
strange if jeff Davis could, as he might
under this plea, come to the bar and, ac-
Nnowedging he was guilty Of treason,
deny liability to be punished because of
the llth amendment
Mr. O'Conner followed Mr. Dana.
Mr. OComer showed, from the very
nature Of the great civil war, that it was
impossible to follow it up by trials for
treason, conducted with the fairness re
quired by law. How utterly repugnant
to the worlds idea of humanity is it, that
after being recognized during the war as
in all respects equal and honorable men,
the leaders of conquered forces should be
searched out in peace to be hung as trait
ors. He maintained that the Govern
ment and people had never intended to
do this, and il was for this reason that
the l4th amendment had been adopted.
1t was constitutional provision and ex-
ecuted itself, and those who fell under il
were now suffering the punishment He
asked the Court to give the construction
to the 18th article that the American peo-
pie intended it should bear, and to accept
the great and beniicent act of mercy IN
the construction which they had put upon
it, and which tends to advance what all
) good men are believers in Universal
f suffrage should be accompanied hand in
f hand with universal amnesty of supposed
) offences, arising out of the unfortunate
controversy in which universal suffrage
, may be said to have its origin and estab-
lishment. ..
The Court adjourned until tomorrow
States Court tonight, the counsel were
recalled, when Chief Justice Chase an
nounced the Court was divided ,he( Chase
being in favor of quashing the indict
ment, and the DiStrictJudge Underwood
: approving it, therefore this decision OF
, the Court was certified to the Suprem,
Court of the United States. Chief Justice
Chase leaves for Washington tomorrow
morning. .r ,e.