Historical Newspapers of South Carolina

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THH D.W Events lA.)lloYvin<_r th era c-y i: Greenville . < ?no ot' tlie most valuable and inter . -liiic papers ever read before the \ irginia State liar Association was that entitled "Thc Trials and Trial of Jefferson Davis," by Charles M. Blackford, of Lynchburg, Va., read before thc association Wednesday evening last during its twelfth annual meeting, at Hotel Chamberlin, Old Point Comfort. Thc subject is of great historical importance aud it wan handled in a masterly manner. After describing thc pursuit, arrest and charge* against thc great Presi dent of thc Southern Confederacy, Mr. Blackford spoke as follows: On thc 28th day of November, thc Hov. Charles Minncgerode asked per mission to sec Mr. Davis as his spirit ual adviser, which request, after being pondered by the Secretary of War, thc Attorney General and the Adjutaut General, was granted, and an order to that effect was sent to the reverend gentleman, who, on thc 9th of December, 1805, presented thc same to General Miles, who, fearing some deadly plot, wired thc Adjutant General to know if th2 order was genuine and whether the obi doctor should bc admitted. On thc 10th his fears were put to rest, and the order was verified. (121 War of Rebellion, 810, 835). Dr. Minncgerode, how ever, had to give a species of ecclesi astical parole, confining his conversa tion strictly to ghostly topics. (Id. 874). On thc 2d of October, 18C5, because of thc representation of the medical officer attending Mr. Davis, he was removed to a very much better room in "Carroll Hall," in the fortress, and was in every respect very much more comfortable. On thc 25th of April, 18G0, Mrs. Davis, hearing her husband was failing rapidly, telegraphed the president for permission to visit him. The Presi dent referred it to thc Secretary of War and he ordered General Miles to permit Mrs. Davis to visit her hus band, under such restrictions as might be consistent with thc safety of thc prisoner, upon her giving a satisfac tory parole, (ld. 900-1). MK. DAVIS' CONDITION. During this long period the major general commanding had almost daily reported the physical and mental con dition of his prisoner, often accom panying hiB report with that of tho medic*! officer in ?\\i\.rsr(\. On tho 25th of April, 18GG, Dr. George F. Cooper, the surgeon, re ported to General Miles as follows: "I would respectfully report that thc general health of State prisoner Jefferson Davis is not as good as at my last report. His appetite is fail ing and his muscular strength is di minishing. He shows an incipient tottering in his gait, etc." The major general commanding transmitted this report, but overruled the medical expert, saying: "In seeing him every day I have been una ble to discover tho change." - After this Mr. Davis was permitted to have an interview with his counsel, and was allowed some of the comforts given prisoners of a high rank, princi pal amongst which was the privilege of the ground in thc day time. Gen eral Miles, in his daily reports, ceased to call him "Jeff Davis" aa had been his want, and in his official communi cations spoke of him as "State Pris oner Jefferson Davis." .SOLDIERS TOLD THE FACTS. ?t is a matter of some interest to know what brought about these changes for the better. Any one not ing the records will soon ascertain thc ^ause. Great care waa taken and the most rigid rules prescribed to prevent the outside world in any way learning anything about the "secrets of tho prison house" and fora long time the efforts were successful. But thc hardy veterans of the fort felt indig nant that they should be constantly ordered to perform the duties of a bailiff in guarding a sick and feeble old man, whom a youth of fifteen could have over mastered. Their imanly natures were shocked at what 'they eaw, and no discipline could .keep their tongues from wagging; thence, gradually thc public press, \>oth North and South, commenced to make most significant inquiries, and then to charge wrong, injustice and wanton cruelty. THE PUBLIC INDIGNANT. About the 20th of May, 1866, one of burgeon Cooper's reports as to Mr. Davis' health and the causes of its depression becamo publio, and created an outburst of indignation, which found voice in tho newspapers of both parties and all sections. From a long article in the New York World some extracts are worthy of note. The editor says, after referring to the sur geon's report: "It cannot be road by any honora ble and right-minded American, no matter what his sectional feelings or his political opinions may be, without a sickening sensation of shame for his country and a burning flush of indig nation against the persons who have prostituted their official position to inflict upon the American name an ineffaceable brand of disgrace by the Wanton and wioked torture of an inva lid, lying a helpless prisoner in the strongest fortress of the union." Similar articles appeared in other papers, both North and South. These anieles were keenly felt by General M JOB and on the 20th of May, 1866, he wrote to Adjutant General Town send enclosing him a number of ex tracts from the papers, of which he .complained very bitterly.. He averred the had done nothing but obey orders, and that the press was doing him a great injury. (Id. 914). MILES CRITICISES COOPER. j Having written his complaint of aud protest against the press, Gen eral Miles turned his attention to his IS TRIAI o Fall ol' thc Con?ed iecallecl. W/C.s, ,////?/ ' . i subordinate, Surgeon Cooper, whose report liad come to thc public eye. Ile wrote (121, W. of lt., 1)19): i Confidential. ] (Jouerai K. I>. Townsend, Assistant Adjutant (iencrai. Fort Monroe, Va., May 2s, 1800. General-I regret to say that I think Surgeon Cooper is entirely un ; ?1er the influence of Mr. and Mrs. i I ?avis, the former of whom has thc ! happy faculty that a strong mind has J over a weaker to mold it ti; agree j with its views and opinions. Surgeon Cooper's wife is a Secessionist and one of thc F. F. W's of this State. He is exceedingly attentive to Mrs. Davis, escorting her to Norfolk and back, and yesterday he had a private interview with Davis and Messrs. O'Conor and Shea. To-day the four were together at thc doctor's house. I believe more might have becu said in this report. In my opinion there are other reason? than thc "waves of sound" to make Mr. DaviB nervous and excitable; for instance his age and the disease to which he has been subject in previous years. Thc dis appointment of his hopes p.nd ambi tions must necessarily affect thc ner vous system of a man of his pride while a prisoner. Since Mrs. Davis' appearance at this place there has been a determined effort made that as he could not bc a hero to make a martyr of him. NELSON A. MILES, Major Gen. IJ. S. Volunteers. Because Cooper could not close thc eyes of human suffering and keep his . eyes shut in thc presence of wrong ' and cruelty, he is attacked in this "confidential" communication. The outcry of a brave and good man is attributed to the malign influence of his wife, who, it is charged, was a "secessionist" and oue of thc F. F. W's. After thc public became aware of what was going on in thc prison house and the fearless press commenced to inquire who was responsible, a very different treatment was accorded Mr. Davis, and he was allowed the privi leges of a State prisoner. He had thc freedom of the port on parole, bis wife and family were with him and his counsel were permitted to sec him. MILES MUSTERED OUT. In August, I860, tho President or dered that General Miles be mustered out of tho volunteer servier rio reason is given in the published re cords for this, but may be possibly inferred from General Miles' protest, written on the 24th day of August (121 War of Itebollion, 955), in which bc says: "As I have been here fifteen months since his (Davis) first imprisonment I would have preforrod to have remain ed ono month longer until ho was re moved from this place at which time I in.tend.od to tender my resigaatica, which has cost many sacrifices and as highly prized as life." TWO YEARS IMPRISONED. Thus it appears that instead of a longing to be relieved of the unpleas ant duties of a bailiff the General begged to bc continued in office so long as Davis was to be a prisoner. The government did not gratify him. Ho was relieved from duty on the first of September, as ordered, mus tered out of the volunteer service and relegated to the regular army, with thc rank of colonel. This paper, therefore, need notice his career no further. Mr. Davis was not relieved from captivity on thc first day of October, as Goneral Miles anticipated. Ho re mained in imprisonment until his term had extended its slow length through two whole years, but during his second year ho was treated as a State prisoner, and, except that his trial was so long delayed, there was no jost ground for complaint. This practically closes so much of this paper as refers to the trials of Mr. Davis. It will be noted that nothing has been quoted from the writings either of Mr. and Mrs. Davis, nor from any Confederate Bouroo, not even from Federal sources charged by General Miles with the crime of sympathy; sympathy for the suffering of an old and feeble gentle man, who, though he had once held a sceptre, was treated as a common felon. References have been made only to official dooumonts published as such by the United States govern ment. No deduction has been drawn which they do not justify. If the couclusions are unpleasant, and yet arc justified hy the official evidence, those who suffer in publio estimation from the bare recital of their acts, have none to blame but themselves. OUT ON HABEAS CORPUS. On the first day of the May term, 1867, Judge Underwood opened the Cirouit Court of the United States at Richmond, when Mr. Gorge Shea, of New York, as counsel for Mr. Davis, filed a petition for a writ of habeas corpus. It was granted, and on the 10th was served on Brigadier General Henry S. Burton, successor of Gen eral Miles as oommandant of Fort Monroe-, who, after obtaining the per mission of the president, brought Mr. Davis to Riebmond. EXCITEMENT IN RICHMOND. Deep anxiety was felt about the _t-?-l. i?_- ? -?.? ? tuai, nuivu, tv waa WCUOTCU, WUUtU begin on Monday, the 13th of May. On that day the streets were filled with nervous people, and great crowds surrounded and packed the stairways and passages of the custom house, where the court room is situ ated. Mr. Davis, his counsel and General Burton and his staff were at the Spotswood hotel. The oourt was to sit at 10 o'clock, but long before that time many persons had securod positions in thc oourt room by permits issued by the marshal. In this way seats were secured for a fow ladies, thc reporters aud a uuiubcr ol distill I gushed visitor.-. COt'NsKh 1??K I? K P ENS K i A few minutes before ll thc coun sel for thc defense entered the court room. They were a very distinguish ed group: Mr. Charles O'Conor, the leader of the bar in thc United States; William Ii. Head, of Philadelphia. .John Randolph Tucker, already dis tinguished as a constitutional lawyer, and the late Attorney General of Vir ginia; Robert Ould, the most skillful debater and most logical 'speaker of his day, and Mr. James Lyons, who had long been prominent in the courts of this State. It is seldom that any ease has brought together a more dis tinguished array. Thc government was represented by Mr. IO var ts, the Attorney General of thc United States, and also a leader of the bar of New Vork. and a mau of high culture and refinement; Mr. (.'handler, a Northern resident of Virginia, who could take the ironclad oath, was dis trict attorney. Resides the counsel engaged in the case there were a num ber of other meu of mark, both civil and military. Among them may bo mentioned Jrdge J. A. Meredith, the Rev. Dr. Minnegerode, James Neeson, John Mitchell, thc Irish patriot; Gustavus A. Meyers, and Generals Schofield, Granger, Brown and Imbo den, and Mr. John Minor Botts. A few moments before the clock struck ll thc large doors were thrown open and thc crowd rushed in and filled every spot outside the bar. KN'TER HORACE OREELY. At ll Horace Greeley entered thc room, and there was a buzz of interest. The object of his visit .was known, and excited much good feeling toward him, which was exhibited by kindly comment from the crowd and manj cordial shakes of the hand by men in side thc bar. When Judge Underwood came ir there was a hush of exceptation, and all eyes were strained to catch thc first glimpse of thc distinguished prisoner. As said below, he was at thc Spottswood Hotel, in front ol which a vast crowd was gathered tc sec him come out. Carriages wen arranged in front of thc hotel as it to take him and his p..rty, but tc avoid thc crowd, the proprietor of tb< hotel had caused a coach to be brough! into thc court yard in the rear, anc while the crowd were standing expec taut in front, Mr. Davis, General Bur ton, Dr. Cooper, of the United Statei army, and Mr. Burton Harrison go into thc carriage and were drivel rapidly, by a circuitous route, to thi custom house. Tho crowd did no discover that they had been outwittec until he had reached his destination On the arrival of the party at thi custom house they were taken to th* conference room by a private way and thence at once entered the cour room, where he was escorted by Gen oral Burton to a comfortable chai with more of thc manner of a sympa th ?zing friend than that of his keeper Mr. Davis was muoh worn and showec the marks of extreme feebleness, bu he looked cheerful and bright, am bowed to his many friends and shool hands with a few who were nearest. UNDERWOOD'S LOOK OP DIONITY. As soon as he had taken his seat Judge Underwood, who was inoapabl of appreciating the dignity of hi official position, said, turning to th United States army officers wno wer? present: "The Court is honored 01 this occasion by the presonoo of s many of the nation's noblest an? bravest defenders that the usua morning routine will be omitted.' The sentiment, so far as it refers t the military spootators, is unobjec tionabie, but its utterauoe on suoh at occasion has no parallel in judioia conduct since Jeffries held his cour at Taunton. General Burton then presented Mi Davis to the court io obodienoe to thi writ of habeas corpus. In reply th Judge tendered him the thanks of thi court "for his prompt and graoefu obedience to its writ. He has thu added another to the many laurels h has gained upon the battlefields of th country." Imagine Chief Justio Marshall, who onee presided in th same court in a great trial for treason effusively tendering his thanks to an; one who obeyed tho mandate of hi writ. Inter arma silent; leges had s long been the prevailing condition i tho land that this debasement of th ermine attracted no attention. IN THE KEEPING OF TUB LAW. After this display of gratitude, th Judge deolared that the prisoner ha now "passed under the protection o Ameriean Republican law." and wa in the custody of the maishal. What species of law that' was ib i hard to explain, and when it ia r< membered that, though ever olamoi ing for his constitutional right to speedy trial, it was over two years b< fore it was awarded him, the diffioult in understanding the expression is ii creased. The prisoner having thus passe from the control of martial law int that of this "republican law," Mi O'Conor announoed that tho defenc was ready and desired a trial. To thi Mr. Evarts replied that the case ooul not be heard at that term, to whiol of course, the Judge assented. Motio for bail was then made, and by tl practical consent of the proaeoutic it was granted and the penalty wi fixed at $100,000, but this waa m effected until Judge Underwood hi interpolated a stump speeoh, laudii the Government of the United Stat? and the benefioense of its adminiatr tion. A WONDERFUL BOND. The bail bond, in the usual form i suoh bonds, was then given, Mr. Ore ley signing first. The sureties we Horace Greeley, Augustus Soho! Horace F. Clark, Gerret Smith at Cornelius Vanderbilt, of New Tori Aristides w eisn and iMvid K. Jae man, of Philadelphia ; R. Bart? Hazell, Isaac Davenport, Abraha Warwick, Gustavus A. Meyers, W.^S Crump, James Lyons, James A. Mc edith, W. H. Lyona, John Minor Bott Thomas W. Doswoll, James Thoms Jr., and Thomas R. Price, of Virgini When the bond was daly oxecur the marshal waa directed to disonar the prisoner, which was done amid deafening applause. Tho streets around the custom-hou were orowded with peoplo awaiting tl jesuit. As soon as the deoision w announced sonic one ran to thc Main street window of the custom-house and shouted. "Tho President is hail ed !"' A mighty roar of applause went up from the people below, which was taken up and echoed and re-echoed from street to street and house to house, though strange to say, a con siderable period of time elapsed before the crowd on Batik street were inform ed of thc result. Then they joined most heartily in thc shouts. A com pany of United ?States infantry had Leen brought up to thc door of the custom-house when Mr. Davis was carried in by Gen. Hurton. No one has ever yet known what became of them. They vanished in the uproar, doubtless rejoicing that they were re lieved of the ignoble functions which had been assigned them as jailors. A CAPTIVE s TRI I'M I'll. .Some time elapsed before the bond was signed ?ad the order of release was entered. Then Mr. Davis left the room, and with Mr. O'Conor on one side anti Mr. Ould on the other, came out of the custom-house door on Bank Square. They were greeted with a sound which was not a cheer or a hurrah, but that tierce yell which was first heard at Manassus and h?d been the note of victors at Cold Harbor, at Chancellorsville, the Wilderness and wherever battle was fiercest. The trio got into an open carriage and drove to the Spottswood Hotel, at the corner of Main and Eighth streets. As they moved amidst the rejoicing crowd, the rebel yell was their only applause, their happiest greeting. It was the outburst from brave men who could thus best give expression to their in dignation for what was past and theil joy for the present. "HATS OFF, VIRGINIANS !" As the carriage approached the ho tel all sounds ceased, and a deep and solemn silence fell upon the vast crowd, less demonstrative than thc yell, but more tender in its sympathy As Mr. Davis <>tood up in the carriage preparatory to alighting, a stentoriac voice shouted: "Hats off, Virginians!' and five thousand bare-headed men die homage to him who had suffered foi them, and with moistened eye anc bated breath stood silent and still un til their representative entered tin hotel. The treatment which the Federa government had imposed upon Mr Davis had made aim a martyr. Thi applause was an attestation of tha fact. Around the court-room wen thousauds of men who had met daa ger and suffered loss. Each mau fel that Davis had suffered vicarious!; for him. If Davis was a traitor s was he. If Davis should suffer th penalty of the law, so should he. Thi it was which made the feeling so in tense. The Southern people had profoum respect for Mr. Davis personally be cause of his pure character and intel leotual abilities, but for him there wa no such deep and abiding devotion a for Lee, and many cf the other mili tary chieftains. Mr. Davis impersc nated their failure, the generals thei brilliant success as long as suecess wa possible. But when the victors eh ar j ed him falsely with crimes abhorr?e to his nature, put him under ward an manacled him as a felon, and then ii dieted him as a tr^'or, he becana their martyred hero and history wi so record him. At the November term, 1867, Mi Evarts, the Attorney G?nerai, wc Eresent representing the proseoutio efore Judge Underwood. Mir. Davit through his counsel, was ready, ea neatly demanding a trial. The go< crnment asked that the trial be puto until the succeeding March to suit tl convenience of their ohi$? justio The defense was anxious for Judp Chase to preside, BO it consented t the delay. A NEW INDICTMENT. On the 26th of March, 1868, a ne indictment was found against the pri oner, charging him in many conn with many acts of treason, conspic ous amongst, which was conspirii with Robert E. Lee, J. P. Benjamii John C. Breckenridge, William M hone, M. A. Wise, John Letche William Smith, Jubal A. Early, Ja Longstreet, William H. Payne, D'. 1 Hill. A. P. Hill, G. T. Beauregar W. H. C. Whiting, Ed. Sparrow, Sai uel Cooper, Joseph E. Johnston, J.l Gordon, C. F. Jackson, F. Ot Moo and with other persons, "whose nam are to the grand jury unknown," make 'the war against the Unit States; "fighting the battle of M uaasas, appointing one Girard!, th acting as captain, to command a b; gade, and one Mahons to be Maj General ; fighting a battle near ? teraburg in company with EL E. L and others, and another at Five ?al all of whioh thing? were done trait? ously, unlawfully, maliciously a wickedly.*.' The various historic acts styl crimes in this lengthy document wt proved before the grand jury by t following witnesses, summoned i the purpose : lt. E. Lee, James Seddon, C. B. Duffeld, John Leloh* G. Wytho Munford, John B. Baldwi Charles E. Wortham and Thomas Hayward. On the finding of this indiotme tho trial was continued until the 2 day of May, 1868, then to the 3d el of June, and then again until t fourth Monday in November, when was arranged that the ohief jost should be present. This date v again changed to the 3rd of De o omi in the samo year. During this delay the Fourteei amendment to the Constitution i adopted and bcoamo a part of the gamo law of the land. The third s tion of that arttale reads as follows "No person shall be senator or r resentative in congress, or eleo of president and vice-president, hold any office, civil or military, un ?he united otates, or any State, w having previously taken an oath a member of congress, or as an offi of the United States, oras a mern of any State legislature, or as an co uti ve or judicial officer of any Sti to support the Constitution of United States, shall bave engaged insurrection or rebellion against same, or given aid or comfort to enemies thereof ; but congress ni by a vote of two-thirds of each hot remove such disability." TI?E MOTION TO QUASH. As soon as tho amendment ' adopted tlic counsel of Mr. Davis de termined to move to f'uash the indict ment against him upou thc ground that, as he had in the year 1845, taken thc oath to support the Constitution of thc United States as a member of congress and had afterwards engaged in insurrection and rebellion, as charged in thc 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. O'Conor and Ould that thc point was suggested by the chief justice. Preparatory to the motion to quash, on the ground ?et forth above, Mr. Ould filed in open court his own affi davit that on the 8th day of Decem ber, 1845, Mr. Davis on taking his seat in the house of representatives as a~ member from Mississippi had taken an oath to eupport the Consti tution of the United States. He then moved for a rule o i the attorney of the United States to show cause why the indictment should not be quashed. THE TRIAL AT 1,AST. On thursday, the 3d day of Decem ber, 1868, the questions arising under the rule were taken up in the Cireuit Court of tho United States, sitting at Richmond, with Judges Chase and Underwood on the benoh and the real and final trial of Mr. Davis begun. There was not so much pomp and ceremony, nor as much dramatic ef fect as at the trial of Warren Hast ings ; nor has any such master of the art of word painting as Macaulay evei described it. In some respects, how ever, the scenes were alike, despite the differences in the oharacter of thc prisoners and the style of the crimef with which they were oharged. li each case the prisoner at the bar wat a man of high intelligence and strong will. Each had ruled an empire. Hastings had governed a vast ter ritory and many millions of people and had added a continent to thc crown of England. Davis had beet the chosen leader of a heroic people of eleven commonwealths combined under him for constitutional govern ment, which had sent great armiesanc great captains to the field, and for foui years, against desperate odds, depen dent solely upon its own resources, hat accomplished mighty deeds, won bril liant victories and challenged thc ad miration of the civilized world by iti sturdy fortitude and by the heroic de f ense of what was regarded as right. The very indictment against Jeffer son Davis was the catalogue of tin great acts of a sovereign-a sovereigi who conspired with Lee and Jacksoi and thc Johnstons, with Stuart ant Forrest and Kirby Smith and Taylor and many another, to fight such bat ties as the two Manassas, the sevei at Richmond, the two at Fredericks burg, and the bloody fields of Gettys burg, and the Wilderness, Chancel lorsvillp sod SpottsylvaiH?. Great publicists like Chase, O'Cono and Evarts knew that the law and th customs of nations did nob look upoi such deeds as those of a traitor, an? that the world stood aghast at the el fort to thus debase the principies o international justice ; but Presiden Johnson and Judge Underwood, at safe distance, would have read the rio act to the rebel army and then- heh forfeited to the gallows the life of eve ry gallant man who did not at once ?a down his arms. ANSWERED FOB A PEOPLE-: fifr. Davis sat behind his counsel o the day of his final trial much impro\ ed since his last appearance in th same room. He was not an un worth hero for such a scene. His eye flashe with intellectual fire, his nervous ec ergy was still alert, though his physi eal strength was muoh wasted; As h sat in the midst of the distinguish^ group he was easily primus inter pares His calm dignity and his dauntlec courage inspired the zeal of his dc fenders and won the respect of thoa whose official duty it was to prosecuti He sat at that bar arraigned for th crimes of a great people, a sovereig called upon to answer for the misdi meanors of an empire. His mien an bearing show him worthy the dignit of the position. The chief justice of tho Unite States presided, and it is with pleai uro that it can be recorded that 1: well maintained the fasotions of hi high otE.ce. He occupied the same pt sition which was held by Chief Jiu ties Marshall in that other trial: whe Aaron Burr stood indioted for treasc at the lame bar, and to- his credit, t it said, he was equally inst and io partial. The somewhat notorious Wade wood sat by his side, but the avgi me nt s of counsel wore r it is said by e: witnesses, addressed only to the chi justice. Mr. O'Conor especially ij nored his very existence and the obi justice seemed to forget ne was b side him on the benoh, except whe with the e&ontery of ignorance, 1 exercised his right to dissent. Tl late Robert Whitehead, of4* Nelso who was present, informed me th some tita? during the session of J court, something was said about tl difficulty of scouring an imparti jury to try Mr. Davis of Riohmon Judge Underwood with a wave of h hand toward the gallery, packed wit ncgioes, said he could easily seoure jury. The suggestion was treated 1 Chief Justice Chase with the co tempt it deserved. Of the many counsel for Mr. Dav only four were selected to appear f him that day, Messrs. Charles O'Co or, Robert Ould, William R. Read ai James Lyons, and of these Mosri O'Conor and Oald were especial selected to make the argument on tl motion to quash. . For ibo government there appear the newly appointed ^'strict Att? "cy S. ?r^?Dwu jw?acn; i\io?ord ? Cana, Jr., of Boston, and H. 1 Wells, who had been the military a point?e as Governor of Virginia. Tl attorney general, Mr* Evarts, was n Sresent, it being stated thatoffiei uties rendered it impossible for bl to be present. A demand was made for a witt specification to the point upon whit the motion to quash was made. Tr, was soon written out by Mr. O'Con and the argument waa opened by Bl Ould in a: Speech of great clearne and logic. At the dose of Mr. Ould's spec * 'V r\ '.'7 : ihe chief justice said that he was nut surprised, as intimated by Mr. Dana, at the ground taken by the defendant. The course of the argument, he said, was anticipated, as the point urged was thc common principle of construc tive repeal. Mr. Beach theu opened for tho gov ernment, and Mr. Wellsand Mr. Daua followed on the same side. Mr. O'Conor closed for the defense. On the close of Mr. Wells' speech the court adjourned until the next day. which was occupied by Mr Dana ana Mr. O'Conor. ARGUMENT OP OIANTS. Thc arguments arc set out very fully and carefully in General John son's report of the case and were each revised by the speaker. The report was not published until eight years after the trial, but infinite pains were taken to secure absolute accuracy. Each gentleman, both of benoh and bar, had the opportunity to revise what was reported as being said by him. Mr. O'Conor took especial pains with the report of his speech and regarded it as ono of tho founda tion stones upon which his fame as a lawyer wouH rest. So anxious was he that it should present his views accu rately that he wrote to General John son, when he sent the revised report back to him, begging that if the re port had gone to press it should be destroyed and reprinted and re-stero typed with his revision and at hia cost. It would he an agreeable task tc analyze these arguments, but this pa per is already too long. Interesting and instructive, as they are, we must forego the pleasure. The close of thc trial was neither QB dramatic nor at exciting an episode as the time bai was allowed, and Mr. Davis released from the grasp of the military. Then had come over the public mind of bot! sections a belief that Mr. Davii would never be : convie?sd, indeed would never be tried, and hence then was none of that intense strain whiol had therefore been felt. UN DEB WOOD* 8 EFFONTEBY. The argument having dosed on tb 4th of December the court adjourne< until the next day, when it announce? what was well understood at the out set would be the case, that the cour could not agree. Although not state* in the order, it is known that th chief justice held the point taken b; the defense to be good, and that th< indictment should be quashed, whil Underwood would have overruled th motion and proceeded to trial. Th difference was that existing between learned and upright lawyer, who poul rise above political prejudice in a assertion of a great principle, and a ignorant partisan, who permitted hi personal bitterness to guide bis judi cial finding. The result of this disagreement c the judges was that the motion t quash failed, and thereupon the eas was continued until the May tera 2S?&. The fast of the d???g?c?in??j was certified by the Supreme Com that it might be there decided. This was the end of this celebrate cause. Later in December, 1861 President Johnson published bi? get eral amnesty proclamation, which, Tb common consent, was held to cov? ! Mr. D'avis' case, and upon tba 15r h < February, 18691, the following ord? ' was entered in the Circuit Court i ? Richmond : "Monday, February 1&, 186?. ', "United StateB "va. (Upon i nd ic tm cut for treason) "Thoa. P. Turner, Wm. Smith, Wade Hampton, Btnj. Huger, Henry A. Wise, Samuel Cooper, G. W. C. Lee W. H. F. Lee, Charles Mallory, Wm. Mahone, O. F. Baxter, Robert E. Lee, James Longstreet, Wm. E. Taylor, Fitzhugh Lee, Geo. W. Alexander. Robt, H. Booker, Jno. DeBree, M. D. Corse, Eppa Hunton, Roger A. Pryor, Cory BoyleB, Wm. n. Payne, R. S. Ewell, Wm. S. Winder, Geo. Booker, R. S. Andrews, C. F. Faulkner, and R. H. Dulaney, W. N. McVeigh, H. B. Taylor, Jas. A. Seddon, W. B. Richards, Jr., J. C. Breckenridge and Jefferson Davis. (two cases). .'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 parties upon separate indictments for treason. It is therefore ordered by the court that the prosecution aforesaid be dis missed." Strange to say an order waa entered upon the first of February reciting that inasmuch as the indictments had been dismissed he and his bondsmen were forever released. The motion on appeal in the Su preme Court, of oourse, was never called, and is now filed amongst its arohives. CLOSING WORDS. This recitation of the "Trials and Trial of Jefferson Davis" has not been prepared with the purpose of stirring up sectional animosities. Its aim has been solely to vindicate the troth of history, that ita 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 ia pot patriotic or wise to do anything which may mar the harmony which time has wrought. 1? the reputation of individuals shall suffer by turning a search light upon the official acts of their past, it is their misfortune, not tho fault of the historian who handles the reflector. 1 The historians on either side of I our oivil war are naturally warped io their judgment, and even after so many years cannot take an unpreju diced view of tho same facts, however undisputed. The history of that epooh in our national life must be written on the other side of the At lantic, but though that is the case we are not' relieved of the obligation to seek for the truth and to preserve our researches for the usc of those writers whose environment will enable them to be impartial. To that end this paper has been written. Nothing so thoroughly removes the malaria germ from the system <\s Prickly Ash Bittora. It gives life and action to the torpid liver, strength ens and assists the .kidneys to proper ly cleanse the blood, gives tone to the stomach, purifies the bowels, and pro motes good appetite, vigor and cheer fulness. Sofd" by Evans Pharmacy. - The reason a man knows sin so much better than a woman is that when he looks at it he doesn't put on green goggles. It has been demonstrated by expe rience that consumption oan be pre vented by the early nae of One Mie nte Cough Cure. This is the favorite remedy sc? coughs, colds, eioup, asth ma and all throat and . lung troubles. Cures quickly. .Evans' Pharmacy. IM WI S * (H I ! i)HI.N: P!roma!ss D?gestf oaClorfi!! ness andRest.Conlains neither Ophim3fofpl?ne nor>?iii?rat. KOT K?RC ?T?C . ts? Sad non? Sour Stomach,Di Worms^omi?sions.Fcverish ness and Loss OF SLEEP. Fae Simile Signature of <&&%?^& NEW YORK. ,V * vV(i'.'.'->ii7''i> s- ?.i,d .) 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