Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-11-27

uUuuuuunusuuzru.n.nmmzn
a great readiness to do everything that
was necessary to facilitate my desire to
| hold the courts but he said that his
proclamation OF April was sufficient for
that purpose. Ireplied that l also thought
so at first, and should nave probably re-
mained of that opinion, il these mill
tsry commissions had not been going
On, and that what / desired was
simple declaration, over his zig
nature, constituting the proclamation
distinctly on these two points. That the
military rule was abrogated in civil cases,
and jurisdiction restored to the courts OF
the United States, so that the Circuit Courts
conld proceed Withoat risk of interruption
from the military authority. He expressed
his readiness 70 do everything wished to
be done. left him, aud nothing was done.
l presume the President recurred to his
opinion that his proclamation declaring
that the insurrection was at an end, was
sufficient, and did not think il worth while
to do any more. That, however, is mere
inference. l presented the forms of a
proclamation and requested him to issue
oAhAAioA Ottci but ~ WAS uOl uOut. 1ndt
is all.
These conversations occurred in the
spring or summer of 1866, shortly after
the act of Congress was passed reducing
theSnamheT Nnd e,ssnging all the Circuit
Courts, except the frs and second, but
making no provision for the allotments,
and it was the opinion of seven Judges that,
without authority to make allotments, we
had no jurisdiction to hold courts our
selves. l said to the United States District
Attorney for the District of Virginia, that
| should have Joined the District Judge in
holding the Circuit Court il the order first
mentioned had been issued. | did not see
the law changing the circuits for some
time after 1t was passed, and when | did
see il | conferred with every one of the
Judges about it except the Judge then in
California, and We all agreed that any
judgment rendered in court, by Judge of
the Supreme Court, except in the first and
second districts, which were not changed,
might be liable to be reversed on order,
and for that reason that the courts should
be left to be held by the District Judges
until a new allotment should be authorized
by Congress.
The act L refer TO is the act of July %,
1866, altering seven Of the circuits.
The President sent for me to the White
House in August, 1865, and asked me nv
view as to the trial of Davis. A trial in
Virginia was suggested, and also the posi-
bility of a trial in Tennessee, and some
thing was said about a trial by military
commission, or in this city upon indict-
ment, if one should be found, by the Su-
preme Court of the district
| said to him that the trial of Davis az
to time, manner and place was, thought,
a matter exclusively for the consideration
of the Executive Department of the gov
ernment, about which |, as the head of the
Judicial Department, did not wish to
express any opiniqRc that when | held the
court l should try anybody who came
before me, but | did not desire to express
an opinion in reference to persons to be
tried, or time or place or mode OF trial.
That was about all.
| did not think the trial Of Davis a mat
ter for me to theorize about Ii was a
question at that time whether Mr.. Davis
should be tried by military or by a civil
court would not express any desire OF
unWilhngness to have him tried in the dis
trict in which / must preside
Attorney General Speed, who was sworn
and examined on July 2, 1867, testified that
Immediately after the capture of Jefferson
Davis, the President and the Cabinet, but
the President moreparticularly, we're anx-
ious for a speedy trial. At that time the
District Court was being holden in Nor
folk, Judge Underwood being the presid-
inar Indora flbarn una No lTrpsaff ItaAora
down there. The matter of prosecuting
Jefferson Davis was placed under my
charge more particularly, and was placed
under instructions from the President, to
bring him to trial as speedily as | thought
it could be done.
The trial was first postponed until after
developments should be made at the trial
of the conspirators. / employed counsel
to aid in the prosecution, and we all came
to the conclusion that unless the Judge of
the Supreme Court could preside he should
not be tried that the case was enc over
which he should preside. had a great
| disinclinatiOn to have Davis tried be-
fore Underwood would not consent
| to it at all. The Chief Justice declined to
| go there, because the country was not so
| quiet as he desired, and because military
| rule prevailed there
So long as i was in Office | opposed a
trial before Judge Underwood, and as Mr..
| Chase could not or would not 60 there, the
| trial did not come off.
| A question was made about trying Davis
in Kentucky. That | opposed, because it
would have to be a case OF constructive
presence in Kentucky. The question was
mooted as to trying him in Pennsylvania
Indiana or Ohio in connection with John
| Morgan's raid, but | opposed his being
tried in any State except where he had
: been actually present.
Then it was said that we could appoin
Judge in Judge Cations place, and try
him in East Tennessee. That was sanxiousl,
considered, and, on a consideration of !
by the President with myself We both con
Cured that il wonld not look well for th'
President to make Judge to try Davis a
the Presidents own home, and in his Owl
State violently opposed his trial for th'
crime Of treason before military com
mission, and 80 the thing stood until lef
Office.
I must say that | was, on thes'
grounds, the principal cause Of the non
trial of Davis-at least | believe 90.
was TO have taken part in the prosecution
but with the conYfetion that if the trla
should result in a conviction, / would no
constitute a part of the Cabinet or be al
adviser Of the President.