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[80] at the outset 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 defense to be good, and that the indictment should be quashed while Underwood would have overruled the motion, and proceed to trial. The difference was that existing between a learned and upright lawyer, who could rise above political prejudice in the assertion of a great principle, and an ignorant partisan who permitted his personal bitterness to guide his judicial finding.

The result of this disagreement of the judges was that the motion to quash failed, and thereupon the case was continued until the May term, 1869. The fact of the disagreement was certified to the Supreme Court, that it might be there decided.

This was the end of this celebrated cause. Later in December, 1868, President Johnson published his general amnesty proclamation, which by common consent was held to cover Mr. Davis' case, and upon the 15th of February, 1869, the following order was entered in the Circuit Court of Richmond:

Monday, February 15, 1869.
United States


Upon Indictment for Treason.

Thomas P. Turner, William Smith, Wade Hampton, Benjamin Huger, Henry A. Wise, Samuel Cooper, G. W. C. Lee, W. H. F. Lee, Charles Mallory, William Mahone, O. F. Baxter, Robert E. Lee, James Longstreet, William E. Taylor, Fitzhugh Lee, George W. Alexander, Robert H. Booker, John DeBree, M. D. Corse, Eppa Hunton, Roger A. Pryor, D. B. Bridgeford, Jubal A. Early, R. S. Ewell, William S. Winder, George Booker, Cornelius Boyle, William H. Payne, R. S. Andrews, C. J. Faulkner, and R. H. Dulaney, W. N. McVeigh, H. B. Taylor, James A. Seddon, W. B. Richards, Jr., J. C. Breckinridge, and Jefferson Davis.

(two cases.)

The District Attorney, by leave of the court, saith that he will not prosecute 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 prosecutions aforesaid be dismissed.

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