Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1868-12-08
!. THE CASE OF MR.. DAVIS.

port OF TINS morton, t"O
a,lepe. in bar OF any proceedings uPo" sa'u
indictments or either Of them' the penai'leS
md disabilities denounced against and in
aio,od m him for his said alleged offences by
s,ho th;rd section of the fourteenth article of
Tho Constitution OF the United States, form
. ;,, mn amendment to such Constitution and
insist that any judicial proceedings to infiict
any other penalty or punishment upon him
for such alleged offence is not admissible by
the Constitution OF the United States.
On Friday last this motion was argued be-
fore the Court, Chief Justice CHASE, presid-
ing. Mr.. R. II. DANA opened the case on
the part of the Government. According to
the report, he proceeded to show that the
fourteenth amendment, pleaded in bar ofpun-
ishment by the defendant, was not penal
statute, but was merely change ir the poiit-
zeal system adopted to secure trustworthness
in Office, and to preserve purity in the admins
istration of the Government. 1t was mea-
sure of precaution to secure the country
against filling Offices with persons who once
before filled them and broke their oa;hs. Ii
would have been the utmost folly of legIsla-
ton, seeing that while it would, if viewed as
the defendants counsel viewed it, tighten
the punishment of the leaders who had held
Office and broken their oaths, it would leave
the people who never held Office exposed to
penalties Of death and Imprisonment, as de-
nounced in the Constitution before the adop>
ton of the amendment. 1t Was an express
sion only of the public will of the fitness of
persons engaged in rebellion after breaking
their oaths to hold Office again. 1t was not
intended, as alleged by the defence, to act as
an amnesty, nor was there sing lie word ut
tered in Congress that framed nor the Legis>
latures that adopted it to warrant such con-
struction So far from that it was intended
as a test by which those men may be reached
and guarded against who had proved unlaith>
full to their pledges to the Government. 1t
could not be plead in bar of conviction for
treason, seeing that it applied to those only
who had often taken the oath of Office and
engaged in instruction aud rebellion against
the Government Now. treason is something
belion. 1t is waging war against the Gov
eminent, and of this the defendant stands
charged 1t would be strange, indeed, if
Jefferson Davis could, as he might under this
plea, come to this bar, and, acknowledging
that he was guilty Of treason, deny his liabi-
ity to be punished because Of the fourteenth
amendment.
Mr.. Dana contended that viewed as the
defence would have it as a repeal Of the pun
ishing clause of the Constitution, tie four
teenth article would offer premium for
bellion hereafter, securing, as it would. the
participators who had held office from all pen
allies save disfranchiscnent.
Mr. O'Conor followed for the defcnce.-
He showed from the very nature of the great
civil war it was impossible to follow it up by
trials for treason, conducted with the fairness
required by law. How utterly rcpugnant to
the worlds idea of humanity it is that after
being recognized during the war as, in all
spects, equal and honorable men, the leaders
of the conquered forces should be searched
out in peace to be hung as traitors. That
the Government and the people had never
intended to do this, and it was for this reason
the fourteenth amendment was adopted. 1t
was a constitutional provision and executed
itself, and those who fell under it were now
suffering the punishment.
lie asked the Court to give the construc-
ton to the fourteenth article that the Amer,
lean people intended it should bear, and 10
accept the great and benefcent act Of mercy
in the construction which they had put upon
it, aud which tends to advance what ali good
men who arc believers in universal suffrage so
much desire, that universi suffrage should
be accompanied hand in hand with universal
amnesty Of supposed offences arising out of !
the unfortunate controversy, in which universal |
suffrage may be said to have had its origin
and its establishment
After the adjournment of the Court on
Friday night, the counsel were recalled. when |
Chief j Justice Chase announced that the Court |
was divided upon the motion TO quash, he
(Chase) being in favor Of quashiDg the in
wood, )opposing. Thereupon, this division Of |
the Court was certified to the Supreme Court |
Of the United States
To us, in this part of the Valley, who have
some acquaintance with Undcrwoods career.
1t seems little singular that motion 20 guash
an indictment should receive opposition at his
hands. 1t was the success Of Just such
motion in one OF our Courts few wears ago.
that saved him term in the Pcniten,iarv Of
Virginia. place for which his au,ecedents
qualify him much better than for seat upon