78 Southern Historical Society Papers.
the riot act to the rebel army, and then held forfeited to the gallows the life of every gallant man who did not at once lay down his arms.
Mr. Davis sat behind his counsel on the day of his final trial, much improved since his last appearance in the same room. He was not an unworthy hero for such a scene. His eye flashed with intel- lectual fire, his nervous energy was still alert, though his physical strength was much wasted. As he sat in the midst of the distin- guished group he was easily primus inter pares. His calm dignity and his dauntless courage inspired the zeal of his defenders and won the respect of those whose official duty it was to prosecute. He sat at that bar arraigned for the crimes of a great people, a sovereign called upon to answer for the misdemeanors of an empire. His mien and bearing proved him worthy the dignity of the position.
The Chief-Justice of the United States presided, and it is with pleasure that it can be recorded that he well maintained the func- tions of his high office. He occupied the same position which was held by Chief-Justice Marshall in that other great trial, when Aaron Burr stood indicted for treason at the same bar, and to his credit, be it said, he was equally just and impartial.
The somewhat notorious Underwood sat by his side, but the argu- ments of counsel were, it is said by eye-witnesses, addressed only to the Chief-Justice. Mr. O' Conor, especially, ignored his very exist- ence, and the Chief-Justice seemed to forget he was beside him on the bench, except when, with the effrontery of ignorance, he exer- cised his right to dissent. The late Robert Whitehead, of Nelson, who was present, wrote that sometime during the session of the court something was said about the difficulty of securing an impartial jury in Richmond. Judge Underwood, with a wave of his hand towards the gallery packed with negroes, said he could easily secure a jury; but the suggestion was treated by Chief-Justice Chase with the contempt it deserved.
Of the many counsel for Mr. Davis only four were selected to appear for him on that day Messrs. Charles O' Conor, Robert Ould, William B. Reed and James Lyons, and of these Messrs. O' Conor and Ould were especially designated to make the argument on the motion to quash.
For the government there appeared the newly appointed District Attorney, S. Ferguson Beach, Richard H. Dana, Jr., of Boston, and H. H. Wells, who had been the military appointee as Governor
