The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-11-26

e,ss tina, would given staos government there in
reference 70 she opinion gave the President on tho
fully; told tue President disagreed with him on the
clauses excluding volunteer generals, and TO the
It. whether enent or TOO stTi ngent; can
what thought about L. but what said about Is
know that lmediaey after the close of the rebellion
tbero was very line feeling manifested In the
South. and thought we ought to take adyan-
tags Of i as soon ~ possible. out siace that
there has been an evident change thers;
may have expressed my views 70 the President,
do not recolcc particularly. do not suppose that
thers any engaged in thai con uialon who
thought OF what was beng done time being
lasting any longer than UNI Congress would meet and
either ratfy thai OF establish other form OF gov
ernment, know 1t never crossed my mind that what
was being done vas anything moro than temporary
understood this be the view OF tho President and OF
everybody else; did not know Of any difference OF
opinion the subject; no was very anxious 10 have
Congress- ratfy his views Mr. Lincoln prior TO his assas
sna,icn had inaugurated policy intended 10 restore
those governments was present before his muir
der when plan road the plan adopted by Nc.
Johnson Substantially the plan which mad been in
augurated by Mr. Lincoln the basis for his future
action do was vertat.rs the same;
th.nk the very paper which heard read while
Mr. Lincoln was President was the one which WAS car
ried right through.
O VIVA, paper was tha.' The North Carolina pro
camation.
pcrary. TO DO either confirmed a government set
up by Congressy A. Yes and understood )ohnson's
70 BE- 90 TOO: taa. was my Impression never heard
the PRESIDENT say the plan was 70 be temporary pus
Dvss satisfied everybody looked SIMPLY temporary
until Congress met
q You stated that the North Csrons proc lamasion
was contoaAton Of the project subns tied by Mr. Lin
coin; wish 70 inquire OF you whether you ever COM
pared them to whether they the or
nots A No. sir. never compared them. took them
70 be the very very paper they substantially
the same, n not the very same
On July % Genera Grant being recalled sad he had
had conversation with The President 10 company with
General Hiliyer bu' ha. nothing important had trans
prod General Grant also testified reference TO the
Maryland election troubles The Presiden. had deter
mined 20 use the military power In behalf Of Governor
swami but General Grant called hs attention 10 the law
on the subject which chsuget his views and deermna-
ton evidently. Some trvops-about fifteen hundred
were sent 70 Baltimore, to DO used in Of riot
Their sorvicsa were not needed.
Testimony Of Secretary McCuiiOch.
Mr.. Moculioch testified tina. he had appointed Mr.
Flanagan Naval Uncer Of Philadelphia by OF the
President and described a. length tho manner OF the
appointments Ia the Treasury Department He said
that the establishment Of the system tho
South was Intended for tho benefit Of the SOUTH and
thought that the original not we'll col!
scted they would been IL the general appoint
bad been permitted 10 retain their original ocers He
testified that TO his knowledge had he appointed
anybody convicted o. CRIME.
Judge Chase's Testimony.
The Hon. Salmon P. Chase. who examined May
Is. stated n reply to question Of chairman that no
the Of Jen Davis; when the war was practically
closed by the capture Of DAVIS and before that e the
District and Circuit we're held in Virginia by the pstrc
the Indictment against Davis found in n circuit
court, over which tho District Judge presided, the
District Jrdge ever since and he knew OF
Why Davis could not be brought 10 trial II IL ia.
Indictment which was found At that time The Chief
Justice stated that he recoll scted conversation
that subject since the time Of the indictment The Cir
cult OF which the District Of Virginia Is part, a.
lo,ed to bm shortly after be went the Bench in De-
cember, 1884 Since then he had only two con-
versatons with the President reference the holding
OF that court and although the conversations not
fresh In his recollection he could very easily recoect
ton OF April 1865 debating he nsurrecou al an
ond in al the rebel States except Texas. desired TO
join the District Judges in holding Circuit Courts, be-
ieving that Il rss my duty to do tho mill
tary authority had been Withdrawn bot military cora-
missions were still being issued from time to tune
points within my circuit which included viz
ginia and wished 10 be assured that the procla-
nation, relieved tho United States Circuit Courts from
all liability to ntersre tho part Of the meeting; In
tended to join in holding the courts such relief could
be assured; called therefore, upon the President and
asked him TO issue . short proclamation that effect;
submitted to him formal one, drawn by sel stating
that military authority was abrogased and the habeas
corpus restored in all places within the Jurisdiction Of
the United S,aes he expressed great readiness do
everything thai was necessary 70 facilitate nay desire to
hold the courts but he said that his proclamation Of
April was sufficient for that purpose; replied that
also thought hrs. and should probably have re-
manned Of that opinion these military commissions had
not been going on, and that what desired simple
declaration over his signature construins the procas
ton distinctly on these two points that the MILKY rule
~. cons 81 ,hs ni,sa srs,ss 40 hss N.Y. 20
proceed without risk or interruption from The military
Authority: he sSIassssd 81; rsaipess 10 do everything
done; l presume tho President ricurrod 70 his
opinion thar his proclsusto9 declaring the nsurrec
ton At end suucieh aSd did poi think i worth
while TO DO any more that however ii mere Inference;
presented form or proclamation and reqIssed bin 70
ISSUE similar one, but il not done; that Is all;
these conversations occurred in the spring Of
1884, shortly after OF Congress was passed reduc
ing the number and changing all the Circuit Courts ex-
cspt the rst and second but masking no provision for
the slotmenis; and was the opinion OF Of the
judges that without authority to make aotrenis We had
no jurisdiction to hold courts ourselves said TO the
gna that should have joined the district Judge in
holding the Crcuit Court the order first mentioned
had been isssed did the law changing the CIR
suits for some time after IL passed and when did
see IL conferred with every OF the judges about Il
except the Judge then IN California and We all agreed
that any judgment entered in any court by Judge OF
the Supreme Court, except in Tho FIRST and
second districts, which were not changed, might
that reason that the cour,s shoald he len to be
held by tho district Judge until new allo,rnsnt
tho act OF July =. 1886 Altering ssven or shs cnrus
the Presidents sent for me 20 the White House in Au-
gust 1850 and asked me my views as TO the trial Of
Davis; trial IN Virginia was suggested, and also the
possibility OF trial in Tennessee. and something was
said about Trial By military commission, or in tbs city
upon Indictment IL shoai be found by The Supreme
Court OF the District said to- him that the irs of
DAVIS as to Tine manner ana place. wxs | thought
mater nSssasvely or ias consideration OF the IL
~ the heal OF the judicial Department, do moi wish to
express any opinion: tnat whom | held the court
desire 10 express opinion in reference persons
10 be tried the time place. mode OF trial thst
was about al cid not think she iris, OF Davis mat
ter FOR me 20 thaorze about; 10 question at thai
time whether Mr. Davis should ID tried by q military or
by civil court: would not express any desire
willingness 10 have Lin ncd ia the dssrict in which
must preside
q Have you had convsrsal ons with The Pre.dsns on
the subject OF ths riat ~ Jefferson Dayisy A. recol
iect one since the Indictment Was founded The ercult
Of which the District OF Virginia 10 para allotted 10
me shortly alter vent on the bench, "A December,
1864; then had difference with the President in rsls-
lion 10 holding ccurt in that circuit
v stats the conversation you had With the Presi.
don't A. After the PrsHdents proclamation Of Arri
1866 declaring the insurrection At end all the
rehe states except Texas desired TO osE the District
Judges IN holding Circuit courts believing my duty
70 do so zince the military power had been withdrawn
bus military commissions and trials ssl proceeded from
time 70 tune IN nav circuit which included Virginia and
wished 70 pc sure thai the proclamation exempted the
,rCuis tourts from interference hv the military. I
thercfore sssed the President issue another procsma
ton 20 that hcct submitted 10 lim tLs drsn Of one
drawn up ~ myself. He expressed great rsad'-
a AIT mt MD