Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-07-22
"A NEW INDICTMENT.

On the goth of March, 1865. n new in
dictment was found against the pris-
oner. charging him in many counts
with many acts of treason; conspicuous
amongst which was conspiring with
Robert e. Lee, J. L. Benjamin, John c.
Breckinridge, William Malone, NJ. A.
wise. John Letchcr, William Smith.
Juhal y. Early. james Longstrcct. VIII
liam II. Payne. ID. IL. Hill, \. T.. Hill
q. i. Beauregard, w. II. c. Whiting
Ed. Sparrow, Samuel Cooper. Joseph Il.
Johnson. j. y. Gordon. G. l.. jackson.
l.. Q. Moore and with other persons.
whose names are to tho grand jury
unknown" to make war against the
United states; fighting the battle of
Manassas. appointing one Girardi. then
acting as captain. to command n hri-
Gadc. and one Mahoncy to he aior-
general; fighting II battle near Peters
burg In company with II. Il. Lee and
others. and another at Five Oaks. all
or which things were done traitorouslv
unlawfully. maliciously and wickediyi
The various historic acts STYLED
crimes in this lengthy document were
proved before the grand jury by the
Following witnesses, summoned for tho
purpose: r. Il. Lee, James a. Seldom
~ IS. pullcid. John Ictcher, &. Wythe
Munforti' til h.
WORKMAN and Thomas S. HAYWARD.
On the finding of this indictment the
trlal was continued until the 81 doy
OF May. 1853. then to the Sd dav of
June. and then again until the fourth
Aionuay In November. when il was nv
ranged that the chief justice should
be present. This date was ogoin
changed TO the Sd of December in the
same year. 80 '''N
During this delay the fourtccnth
amendment TO the Constitution was
auoptea anu became n part of Tho or
s"iIic law or the land. Tho third see
tion or that article reads as follows.
No person shall be Senator or Pen
resentatiFe in Congress. or elcctor OF
president and Vice President. or boll
itny office. civil or military. under tho
Uhltcd States. or under any State.
mo having previously taken an oath
us Il member OF Congress- or as an ON
Ger of the United States. or as n nom
per OF any state Legislatures or rs an
executive or judicial officer of pnv
state. to support the Constitution of
the United States, shall have cnc.n ooI
in insurrcction or rebellion AGAINST tbc
same, or given aid or comfort TO Tho
enemies thereof; but Congress mo[,
by n vote of two-tllirds OF each housa
remove such disability"
THE MOTION TO C.UAsH.
AS soon as the amendment was
adopted tho counsel for Mr. Davis de-
l.
mont against him upon the eround
that, as he had i'll the year 1915, taken
the oath to support the Constitution
of the United States as q member Of
Congress and had afterwards ENGAGED
in insurrcction and rebellion. as charg-
cd in the indictment. such crime. if
crime 1t was. had been already punish
ed by tho penalties ana disabilities de-
nounccd against and inflicted upon
him therefor by the third section OF
the fourteenth amendment of the Con-
stituton. General Bradley II. Johnson
has written me that he had il from
Messrs. O'Conor and Ould that this
point was suggested by the chief JUS
tice.
Preparatory to the motion TO quash.
on the ground set forth above. Air.
Ould filed In open court his own am
aavit that on the sth day OF Decen-
Der 1876, Nj: Davis. on taking his
seat in the House of Representatives
as member from Mississippi had
taken an oath to support the Constl-
tuition OF the United States. He then
moved for q rule on The attorney OF