Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-07-22

set would be the case. that the court
could not agree. Although not stated
in the order, it is known that the
chief justice held the point taken by
the dcinSe to be good, and that the
Indictment should be quushcd, while
Underwood would have overruled the
motion and proceed TO trial The diff
ference was that existing between n
learned and upright lawyer. who could
rise above political prejudice in the as
scrtion of a great principle, and an ig-
norant PARTISAN, who permitted his
personal bitterness 10 guide his judi
cial finding.
The result OF this disagreement OF
the judges was that the motion to
quash failed, and thcreupon the case
was continued until the May term. 1869.
The fact of the disbursement was GER
tined by the Supreme Court that ii
might be there decided.
This was the end of this celebrated
cause. Later in December, 1863 Prcsi-
dent Johnson published his general
amnesty proclamation, which. by com
mon consent. was held to cover Mr..
Davis case, and upon tho 18th of Feb
rualy, 1863, The following order was
entered in the Circuit Court at Rich
mond:
United states
'va. Upon Indictment for treason)
"rhos. i. Turner. WIN. Smith. Wade
ilstiAlitDIi, IltAil l4N8ff, lltllit y. w Use,
Samuel Cooper. c. W. 9. Lee. W. Ii. i.
Lee, Charles Mallory. VIM Malone. o.
f. Baxter. Robert l.. Lee. James Long
street. VIM. T.. Taylor. Fitzhugh Lee,
Geo. ". Alexander. Robt. II. Booker,
Jno. DeBrec, NJ. d. Corsc, t,ppa Hun
ton, Roger y. Pryor, ID. s. Eridgford,
Jubal y. Early. K. s. Ewell, Wm. S.
Windcr. Geo. Booker Cory Boyles,
VIM. ii. Payne, Il. :. Andrews. G. j..
Faulkner and II. II. Dulaney, w. n.
NicNeish. II. y. Taylor, Jas. A. Scd-
don, w. Il. Richards Jr., j. G. Brock
inridSe and Jefferson Davis.
CtWo caScS).
THE District Attorney by leave of
the court saith that he will not prose-
cute further ON behalf of the United
States against the above named part
les upon separate indictments for trea-
son. 1t is therefore ordered by the
court that the prosecution aforesaid
be dismissed"
Strange to say. an order was entered
upon the first OF February reciting that
inasmuch as the indictments had been
dismissed ne ana his bondsmen were
forever released.
The motion on appeal in the Supreme
Court OF course. was never called, and
is now filed amongst it's archives.
CLOSING WORDS.
This recitotion of the Trials and
Trial of jefferson Davis has not been
prepared with the purpose of stirring
up sectional animosities. It's aim has
been solely to vindcate the truth of
history. that Its teachings may be
taken to heart. Between those who
fought, bitterness vanished with the
smoke Of the hostile guns. The lapse
of years has made us one people again.
and It is not patriotic or wise to do
anything which may mar the harmony
time has wrought. If the reputation OF
individuals shall suffer by turning a
search-light upon the official acts of
their past. it is their misfortune. not
the fault OF the historian who handles
the reflector.
The historians on either side OF our
civil war are naturally warped in their
Judgment, and even after so many
years cannot take an unprecedented re-
view of the same facts. however undis-
puted. The history OF that epoch in
our national life must be written on
the other side of the Atlantic. but
though that is the case we are not re-
lleved of the obligation TO seek for the
truth and to preserve our researches
for the use OF those writers whose en-
vironment will enable them to be i'm
partial To that end this paper has
been written.