Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1868-12-09
JEFFERSON DAVIS.

Ohoatufday IN the united states
Circuit Court at Richmond, Chief
Justice Chase presiding, the decision
on the motion to quash the indicts
ment against Mr.. Davis was deliv-
cred. Judge Underwood sat with
the Chief Justice. The latter sus-
tanned the motion and the former
opposed it. A certificate of divi-
sion of opinion between the judges
was filed, to be referred to the Su-
preme Court of the United States
as the statute provides. In the
meantime, the cause is deferred TO
the May term of the Court, bail for
appearance being required and exc
euted.
For a fuller understanding of the
motion to quash, which, being up
held by the high authority of the
Chief Justice, will doubtless be sus-
tanned by a majority of the Supreme
Court, and thus effect the release of
Mr.. Davis from the indictments for
treason, we append the motion in
form, and the acceptance of the
issue by the United States District
Attorney:
| Circuit Court of the United States for the Dis
trict of Yirginia-The United States rs. Jef-
fersOn Davis.
The indictments in these cases were
framed on the alleged fact that the de-.
PENDANT did not engage in the Instruction
and rebellion against the United States
known to the court and to the several
departments of the government as
having existed at the several times
mentioned in the said indictments in the
State of Virginia, and elsewhere, and
thereby gave aid and comfort to the enc
mics Of the United States, engaged in
| said instruction and rebellion.
And the defendant alleges that prior
to such instruction and rebellion, and
in the year 1915 he, the said defendant,
was s member Of the Congress Of the
United States, and as such member took,
in said year, en- oath to support the con-
Stitution Of the United States in the
usual manner, and as required by law in
each case.
And the defendant alleges, in bar of
any proceedings upon said indictments,
or Their of them, the penalties and disa-
bilities denounced against and inflicted
on him for his said alleged offence by the
third section of the fourteenth article Of
the constitution of the United, States,
forming an amendment to such constitu-
ton.
And he insists that any judicial pro-
ceeding to infict any other or further
pain, penalty or punishment upon him
for such alleged offence is not admissible
by the constitution and the laws of the
United States.
Wherefore he, the said defendant,
moves the court now here to quash and
set aside the said indictments, or dismiss
the same, and the prosecution thereon, or
10 render such other relief in that nature
as the aforesaid facts and circumstances
shall require, and as may seem proper.
c. 0'CoNoB,
WILLIAM B. READ,
10. OULD,
JAMES LYONS.
Mr.. Beach then submitted the follow
ing in behalf Of the government
United States as. Jefferson Davis To
enable the court at once to consider and |
pass upon the question Of dismissing this !
case under the motion above made, with |
the benefit of facts necessary+O such con- |
sideration, and which do not appear on |
the record, inasmuch as the counsel for |
the United States believe these acts TO |
exist and to be probable, they waive the
regular process of plea, and agree that
the court may assume as facts, for the
purpose Of this motion, that Jefferson |
Davis, in the year 1916, and previous to
the alleged commission Of the ofenses
set forth in the indictments, did take an
oath, as a member Of Congress of the
United States, to support the Constitution
Of the United States, and that this agree
ment shall also be Of effect in case the
above motion shall be considered by the
Supreme Court Of the United States.
S. F. BEACH,
United States District Attorney.
December g. 1868.