New-York tribune., 1868-04-07
Leplp.
YEw.YoRK, April 2, 1865

NEw-YoRR, April 2, 1868.
My DEAR SIR: | duly received your telegram,
inviting me to speak in Danbury, in company
with Vice President IIamlin, OH Friday evening
next l had prior engagement for that even
ing. yet presume could have been released
from it had the necessity been urgent and pal
pable But had already decided not to speak
in Connecticut this Spring. and it seems due
to frankness that | should say why.
In May last, Jefferson Davis having been
two years a State prisoner i'll Fortress Monroe
was taken thence to Richmond as if for trial.
On his arrival, the prosecution was not ready
to try him, as it had not been at any time
during his long detention l did not then
know whatever l may have suspected, that
Judge Underwood of that District had already
testified before a Committee of Congress that
to try him would inevitably result in defeat,
unless a jury were packed expressly to convict
him. The subsequent failure to convict John
II. Surratt at Washington is an impressive
commentary on Judge US extorted averment.
In the eyes of mankind and in verify, the Re-
publican party was and is the responsible pros
ecutor of jefferson Davis. l am not aware that
Andrew Johnson or his Cabinet had intermed-
died in any way with the course of justice i'll
the premises. If the Chief-Justice, whose dis
trict includes Virginia, or the District Judge
for that State, had seen fit to try this prisoner,
he would of course have been tried long ago.
Why they did not, can only infer but tho testi-
mony drawn from Judge u. as aforesaid con-
vinces me that neither of them deemed it wise
or salutary to invoke failure which would he
widely hailed as proving the Rebellion legally
right, the Nation essentially wrong, in our late
arduOus and bloody struggle. l quite concur
in the suggestion of some one who, with refer
ence to this matter observed that "a good
"lawyer, having won his case i'll one court,
"never appeals it."
The Federal Constitution expressly provides
that In all criminal prosecutions, the accused
"shall enjoy the right to speedy and public
"tral by an impartial jury Of the State and
"DistTict wherein the crime shall have been
committed" Here was a man two years in
prison, persistently demanding trial, and per-
sistently refused it. The Judge Of his district
had testified that to try him according to the
aforesaid provision would result in defeat OF
the prosecution. That he was not likely to be
tried soon, if ever, was plain. ] thought he
had right, if not tried, to be bailed; and
had already said that, while 1 should prefer
not to be required to do so, would sign his
bond if that should be found necessary. BeiHg
assured that it 'CaS necessary-that the thou
sands of responsible men who would gladly
have signed in my stead would not answer the
same purpose-I made good my proffer.
/ had never seen jefferson Davis so as
| to know him. / had never held any sort of in
tercourse with him. There are probably few
men more antpathetic in all their views, Opin-
ions, convictions purposes, than he and l. AT
ter had signed the bond, ne asked an
introduction to me, and we civilly greeted
each other. We have not met nor ex-
changed a word since that day, and never may.
| did in his case what would readily have
done for Maximilian, if could thereby have
saved the Republicans Of Mexico from the
blunder and rcproach Of needlessly taking his
life. would gladly have moved them to set
an example to the despots of Europe, by pa.
rolling Max. never again to lend himself to any
plot against Mexican liberty and independence,
and thereupon contemptuously dismissing him
from our hemisphere.
In either case, considerations of fairness, Of
justice, of humanity, would have had much
weight with me. In neither, would l. have been
impelled by these aloue. believed that the