The Portland daily press., 1868-12-05
RGENAA.


ARGUMENTS IN THE JEFF DAVIS TRIAL.
RICHMOND, Dec AIN the United States
Circuit Court to-day, Chief Justice Chase pre-
siding on the motion 10 qGash the proceedings
against JEFF Davis, r. A. Dana for the Govern
ment, opened this morning. He pro eeded to
show that the 14th amendment, pleaded in bar
of punishment by defendent was not a penal
statute, but was merely change in the polit-
cal system adopted to secure trustworthiness
IN office and preserve purity in the administra-
ton OF the Government. 1t was measure of
precaution to secure the country against filling
offices with persons who once filed them and
broke their oaths. If it had been intended to
infiict punishment, it would have been the ut
most folly OF legislature seeing that while it
would. il viewed as the defendants counsel
viewed it, tighten the punishment of the lead
ers who had held office and broken their oaths
1t would ieave people who never held Office
exposed to penalties of death and imprison-
ment as denounced in the constitution before
the adoption of the amendment. 1t was an
expression OF the public will as to the fitness of
persons who engaged in rebellion after break
ing their oaths, TO hold office again 1t was
no. intended a S alleged by the defence to act
as an amnesty, nor was there a single word
uttered in the Congress that framed, or the
northern Legislatures that adopted it, to war
rant such construction. So far from that, it
was intended as test by which those men may
be reached and guarded against, who had PROV
ed unfaitaful to their pledges to the Govern
ment 1t could not be plead in.bar of convic-
only who had, after taking oath of office, en-
gagged in the instruction and rebellion against
the Government Now treason is something
more than engaging in instruction and rebel
lion. 1t is lie rylng war against the Govern
ment and of this the defendenG stands charged
1t would be TRANCE indeed if JEFF Davis could,
as he might under this plea come to the bar
acknowledging that he was guilty of treason,
deny liability to be punished because of the
14th amendment.
Mr.. O'Connor followed Mr.. Dana Mr.
OConnor showed from the very nature of the
great civil war, IL was impossible to follow it |
as by trials, for treason conducted with the |
fairness required by law. How utterly repug- |
nant to the worlds idea Of humanity it is that /
after being recognized during the war in all |
respects as equal, and responsible men the |
leaders Of conquered forces should be search |
ed out in peace to be hung as traitors. He |
maintained that the Government and people |
had never intended to do this, and it was for
this reason that the 18th amendment had been |
adopted. II was constitutional provision ex-
ecuted ITSELF and those who fell under it were
now suffering the punishment. He asked the
court to give the construction to the 14th arti-
Gle that the American people intended it |
shouid.bear, and to accept the great and benefi-
Gent act OF mercy in the construction which |
they had put upon it, and which tends to adj
vance what all good men who are believers in |
universal suffrage, should be accompanied |
hand in hand with universal amnesty of sup
posed offences arising out of the unfortunate |
controversy i'll which universal suffrage may
be said to have had it's original establishment |
The court adjourned till tomorrow.
After adjournment of United States Circuit |
Court tonight, the counsels were recalled, |
when Chief Justice Chase announced that the
court was divided, he (Chase) being in favor of
quashing the Indictment, and District Judge
Underwood opposing it. Thereupon this di
vision of the Court was certified to the SUI
preme Court of the United States.
Chief Justice Chase leaves for Washington
tomorrow morning