Year: 1868

fendaDt was not penal statute, but mere
iy ch6nge in the political system to secure
itrustworthiness in officers, and preserve
purity in the administration of the Govern
ment. 1t was a measure of precaution to
secure the country against filling Offices
with persons who once filled them and broke
their oaths. Ifit had been intended to in-
fict punishment it would have been the ut
most folly of legislation, seeing that while
1t would, if viewed as the defendant s
counsel viewed it, tighten the punishment
OF tho leaders who had held Office and bros
ken their oaths, it would leave the people
who had never held Office exposed to the
penalties of death and imprisonmen mt as de-
creed in the Constitution before the adopt
ion OF the amendment. It1was an express
sion only of public will as to the fitness G.
persons who engaged in rebellion after
breaking their oath to hold Office again.
1t was not intended to act as an amnesty,
nor was there single word uttered in the
Congress that framed it, nor the Northern
Legislatures that adopted it, to warrant
such construction. So far as it was in
tended as test by which such men may be
reached and guarded against who had
proved unfaithful to their pledges to the
Government, it could not be pleaded in bar
OF conviction for treason, seeing that it ap-
piled to those only who had, after taking
the oath of Office. engaged in insurrection
and rebellion, that is, levying war against
the Government. Of this the defendant
stands charged. 1t would be strange if
JEFF. Davis could, as he might under this
plea, come to the bar, acknowledging that
he Was guilty of treason, deny his liability
to be punished beca use of the fourteenth
amendment.


MIR. O'Connor showed from the very ma
ture of the late civil war that it was impos-
sible to follow it up by trials for treason
conducted with the fairness required by
law. How utterly repugnant to the world s
idea of humanity is it that after being rec.
ognized during the war as, in all respects,
equal and honorable men, the leaders of the
conquered force should be searched out in
peace to be hung as traitors. He main
tanned that the Government and people
had never intended to do this, and it was
for this reason that the fourteenth amends
ment had been passed. 1t vas Constitu-
tional provision and executed itself, and
those who fell under it were now suffering
the punishment. He asked the court to
give the construction to the fourteenth ar
ticle that the American people intended it
should beai, ard to accept the great and
benj6cent rule of mercy in the construction
which they had put upoo it, and which
tends to advance what all good men desire
who are believers in universal suff, age, viz +,
that it should be accompanied hand In
hand with universal amnesty of the sup
posed ctfenses arising out of the unfortun-
ate controversy, in which universal suffrage
may be said TO have had its origin and
establishment.
The court adjourned until tomorrow.


Richmond, Dec 4.


After the adjournment of the United
States Circuit Court to Eight the counsel
were recalled, when Chief Justice Chase
announced that the court was divided, he
(Chase) being in favor of quashius the in:
dictment and District Judge Underwood
opposing it. Thereupon this division ct
the court was certified to the Supreme
Court of the United States. Chief Justice
Chase leaves for Washington to morrow.