New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-12-04
.JEEFEPSON DATIS'S TRI1L.
TIE MOTION TO QUAsH THE INDICTMENT-IHL
PETITIONERS PLEA

TIE MOTION TO QUAsH THE INDICTMENT-IhE
PETITIONERS PLEA.
RICHMOND. Dec. Sin the United States Clr-
emit Court to-day Chief Justice Chase on the Dench' ~"
,oent vos made ON the motion to buash the indictment
against jefferson Davis Robert Ould counsel lot Mr
Davis argued that the Fourteeneh Amendment puhshou
him by Acknowledgement and that this punishment was
chosen by the voice OF the American people
os a mcrciful substitute for tho penalties OF
death md conAscation contained IN tho consul
tuition; that the punishment OF Mr Dh'i'
commenced on the date OF the adoption OF the fOur'eehn
Article and lie cannot be punished IN any olner
way; that the will OF the people expressed IN lhcr to
sttuton Is the law. and ropeas all former pIo''aoN'
made for those who engaged in rcbeon that the Four
+ontb Article Is that latest expression intended ex'
prcssou intended expressly for and covering cases OF al
Vim engaged in tho late Rebellion, ana thht no
man can be punished twice for the same oh'bso
+ IT. Dana counsel for the United States, SAID that MT
Oulds proposition was In the nature OF things eh rey
new and was unexpected to the Government counsel
and he presumed also TO the Court. The ChiefJuSH'e
said mat the argument Of the counsel was not uneNpcc
cato the Copr II having supposed that after the an
pouucemont that this motion 10 quash tho Indictment
was based on the fourteenth article, thar ms
line Of argument would be pursued Time was gwen TIC
Government counsel 20 refer and the Court TOOK recess
NJ noon In the afternoon Gov H. H. Wells ana District
Attorney Beach for the Government contehdeH lA' o
Fourteenth Amendment mercy Nl'"AtA "i'''''' '''
ut pcnay which il the subject ofiudcal sentence ana
was NOT Inconsistent with the act against treason lie
Amendment was permanent and prospective ana eoIu
ot reasonably be construed Intended 10 repeal Tie
existing puni,hments for past future treason Tic
Court then adjourned. Dana closes tomorrow Ioi uo
Government, aud O'Conor for Davis.
The following paper, which was submitted by MI
Davs counsel shows more fully the grounds Of the mo-
ton 10 quash the indictments
The indictments these eases were framed on tho nl
lcocd fact the defendant did engage IA the fuItci
ad r,beuion ngainst the United States, Known to INC
Ci ana To the several departments of tie GoNcihihc
s having existed at the scyera llmea htulo "a .H'
Indictment In the state OF virginia ana eis'
bcrey gave aid and comfort to tho enemies oi ic
St,tc. ENGAGED Ia suid resurrection aud tcOtIiuh AH
rho dcfeu liant alleges that PRIOR To buch a
reheou md iu the year 1885, he the sald dtchuh' VAS
"A member Of the Congress OF the ihtcd Htdt'r' "H
eurb ,uember took m said year oath To support inc
and as required by laW in each case Ana tue Ic,uua'
alscges In bar If any proceedings upon shd m1clmsnr
| on either OF them. the penalties ana uisIDiHl %
| deuonpced against and inflicted on MN TOT
| ia SAID alleged ofcnse, by the tmrd scClluh ol
| tbe .Tnurleeuth article Of the Constitution OF ue
limited States forming amendment 10 huch 'oLsuu
non And he Insists that any judicial proceeding 10 M
nict any other further pain, penalty, OF
mon him for alleged chense II not admissible W the
Snvstitutiou and laws OF the United states.
Wherefore be, the SAID defendant moves inc court no"
here 10 oua and SCI aside the said Indictment or 20
mss the eae and the prosecution thereon as e aluIc
ssid GIef0 and circumstances shall require auu as may
H" ",S urnner & OfCONNOR EoBERT OrLD,
'''"' WILLIAM H. REED, JAMES A. LYONS.