The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1900-08-08

duVPtcu TIC cOunScl OF Nr. DAVIS Qe-
termined to move to nuash the indict-
ment against him upon the ground
that, as he had in the year 1915, taken
the oath to support the Constitution
OF the United States as a member Of
congress and had afterwards engaged
in insurrection and rebellion, as
charged in the indictment, such crime.
if crime it was, had been already pun
ished by the penalties and difficulties
denounced against and inflicted upon
him therefor by the third section of
the fourteenth amendment of the Con-
stitution. Gen. Bradley T. johnson
has written that he had it from Messrs.
OConor and Ould that the point was
suggested by the chief justice.
Preparatory to the motion to quash,
on the ground set forth above, Mr..
Oald filed in open court his own affi-
davit that on the 9th day of Decem-
Der, 1845, Mr.. Davis On taking his
seat in the house Of representatives
as member from Mississippi had
taken an oath to support the Consti-
tuition Of the United States. He then
moved for rule or the attorney OF
the United States to show cause why
the Indictment should not be 1uashed.
THE TRIAL AT LAST.
On Thursday, the Sd day Of Decem-
Der, 1868, the questions arising under
the rule were taken up in the Circuit
Court Of the United States, sitting at
Richmond, with Judges Chase and
Underwood on the bench and the real
and final trial Of Mr.. Davis begun.
There was not 30 much pomp and
ceremony, nor as much dramatic ef-
feet as at the trial of Warren Hast
ings; nor has any such master of the
art Of word painting as Macaulay ever
described it. In some respects, how
ever, the scenes were alike, despite
the differences in the character Of the
prisoners and the style Of the crimes
with which they were charged. IL
each case the prisoner at the bar was
man of high intelligence and strong
will. Each had ruled an empire.
Hastings had governed O vast ter
ritory and many millions of people,
and had added continent to the
crown Of England. Davis had been
the chosen leader Of heroic people
of eleven commonwealth combined
under him for constitutional govern
nlent, which had sent great armies and
great captains to the field, and for four
years, against desperate odds, depen-
dent solely upon its own resources, had
accomplished mighty deeds, won bril-
liant victories and challenged the ad-
miration of the civilized world by it's
sturdy fortitude and by the heroic de-
tense Of what was regarded as right.
The very indictment against Jeffer-
son Davis was the catalogue Of the
great acts of a sovereign-a sovereign
who conspired with Lee and jackson
and the Johnstons. with Stuart and
Forrest and Kirby. Smith and Taylor,
and many another, to 6ght such bat
ties as the two Manassas, the seven
at Richmond, the two at Fredericks-
burg, and the bloody fields Of Gettys-
burg, and the Wilderness, Chancel-
lorsville, and Snnttsylyania.
Great public;sts like Chase, OConor
and Evarts knew that the law and the
customs of nations did not look upon
such deeds as those Of tpaitor, and
that the world stood aghast ct the eP-
fort to thus debase the principles of
international justice but President
johnson and Judge Underwood, at O
safe distance, would have read the riot
act to the rebel ermy and, then held
forfeited to the gallows the life of eve
y gallant man ah0 did not at once lay
down his arms.
ANSWERED FOR a PEOPLE:
Mr.. Davis sat behind his COUNSEL on,
the day Of his final trial much. improx-
ed since his last appearance in the
same room. He was not an unworthy
hero for such scene. His eye flashed,
with intellectual fire, his nervous en-
ergy was still alert, though his physi-
cal strength was much wasted. As.he-
sat in the midst Of the distinguished
group he was easily primus inter peres.
His calm dignity and his dauntless-
courage inspired the zeal of his de-
tenders and won the respect of those
whose Official duty it was to prosecute.
He sat at that bar arraigned for the
crimes Of a great people, sovereign,
called upon to answer for the misde-
meanovs of an empire. His mien and
bearing show him worthy the dignity
of the position.
The chief justice Of tho Omitted
States presided, and it is with pleas
use shat it can be recorded that he
vel! Hssinteinaa she functions Of mis-
high Office. He occupied the same po-
sition which was held by Chief Jus
tiee Marshall in that other trial when
Aaron Burr stood indicted for treason
at the same bar, and to. his credit, be
it said, he was equally Just and i'm
partial.
The somewhat notorious Under
wood sat by his side, bus che aygu-
ments Of counsel were, il is said BY eye
Witnesses, addressed only to- the chief
justice. Dir. OConor especially ig-
'nosed his very existence and the chief
Justice seemed to fosget ne was be-
side him on the bench, except when,
with the effrontery OF ignorance, he
exercised his right to dissent. The
late Robert Whitehead, Of Nelson,
who was present. informed ma that