Page:Southern Historical Society Papers volume 29.djvu/95

 The Trials and Trial of Jefferson Davis. 79

of Virginia. The Attorney-General, Mr. Evarts, was not present, it being stated that "official duties rendered it impossible for him to be present."

A demand was made for a written specification of the point upon which the motion to quash was made. This was soon written out by Mr. O' Conor, and the argument was opened by Mr. Ould in a speech of great clearness and logic.

At the close of Mr. Quid's speech, the Chief Justice said that he was not surprised, as intimated by Mr. Dana, at the ground taken by the defendant. The course of the argument, he said, was antic- ipated, as the point urged was the common principle of constructive repeal.

Mr. Beach then opened for the government, and Mr. Wells and Mr. Dana 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 and Mr. O' Conor.

The arguments are set out very fully and carefully in General Johnson'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 gentle- man, both of bench 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 one of the foundation stones upon which his fame as a lawyer would rest. So anxious was he that it should present his views accurately, that he wrote to Gen- eral Johnson, when he sent the revised report back to him, begging that if the report had gone to press, it should be destroyed and re- printed and re-stereotyped with his revision, and at his cost.

It would be an agreeable task to analyze these arguments, but this paper is already too long. Interesting and instructive as they are, we must forego the pleasure. The close of the trial was neither as dramatic nor as exciting as the episode at the time bail was allowed and Mr. Davis released from the grasp of the military. There had come over the public mind of both sections a belief that Mr. Davis would never be convicted, indeed, would never be tried, and hence there was none of that intense strain which had thereto- fore been felt.

The argument having closed on the 4th of December, the court adjourned until next day, when it announced what was well under-