New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-09-18

LETTER FROM CHIEF
JUSTICE CHASE.


The following letter, from Chief Justice
Chase, was addressed to Hon. Thomas w.
Conway, who publishes it in the New
Orleans advocate and Journal of Education,
of which he is the editor. 1t bears date
more than two years ago, but has never
before been printed. 1t will be read with
interest by everybody:
WASHINGTON, January l, 1863
Hon. r. ". Conway:
My dear Sir-I have received your kind
letters, and am much obliged for the infor-
nation they. convey. l am particularly
touched by the proofs they afford of the at
tachment and confidence of the colOred peo-
pie. l have always said to possess the affec-
ton and true respect of the poor and the
oppressed, is a worthier object of ambition
than any official position, even the highest.
In that ambition am glad to know am
not likely to be disappointed.
| may be mistaken, but l really believe
that have been credited with more ambi-
ton for place than feel Not that possess
any uncommon Indifference to the gratifica-
ton derived from distinction; but to me.
great place has always seemed chiefly valu-
able as great opportunity for useful service.
No one can fOresee the future. Congress
has adjourned, and the members have gone
When they return. presume they will take
hold of their work vigorously. Opinions
differ as to what is best to be done. On one
point there is little real division. All seem
agreed that the reconstruction policy of
Congress must be ardently pursued, and that
the earliest possible restoration of the South
ern States to their old relations upon the
basis Of universal suffrage and equal rights is
most desirable. l feel more anxiety on this
Nov ntI
once secured, all others may be reckoned as
secure. The rights OF labor, and the inter
ests of labor are at the basis of all sound
policy. and nothing is so important to them
as the right 10 vote for the laborer.
Sincerely yours, S. 2. CHASE.
P. 5. | have never advocated universal
suffrage and immediate amnesty to all. l
have said that universal suffrage wouldGe-
concile comprehensive lenity with tranq i1il-
ity ant prosperity would have no more
disfranchsement after the complete estab-
lishment Of universal suffrage, than is absol-
utely necessary to secure the new order of
things, and the new constitutions, against
overthrow. Those lately in rebellion have
no more right to destroy the country by bal
lots than by bullets.
As to the trial of Davis. the amount and
kind of misrepresentation is astonishing.
The facts are simple. / neither seek nor
v.
My purpose is to do my duty as a judge,
honestly and faithfully, turning neither to
the right or the left. While military au-
thority was supreme in the South, as an
incident OF the war, and any body could be
tried by military commission, no justice of
the Supreme Court could properly hold a
court there. This state Of things lasted
from before the surrender of Lee, in April
1865. till the final suppression of the rebel
lion was proclaimed in 1866.
Meantime in July 1866 an act Of Congress,
by changing the circuits, had deprived the
Justices of the Supreme Court of .iurisdic-
ton in the Southern States. and jurisdiction
was no! restored till March, 1867, when Con-
gress passed the necessary act.
OF course from July. 1866, to March. 1867.
neither the Chief Justice nor any other JUS
tice could try any body in Virginia: any edi-
tor OF any newspaper wer1d have as much
right.
AT the time the act of March. 1867. was
passed, the Supreme Court was sitting in
Washington. and the Chief Justice was
bound to be there. But he wrote to the
District Judge, at Richmond. that he would
come down and join him in holding the
court rs soon as the Supreme Court adj
journed in May. Davis. however, was
brought before the District Jadge and
bailed. in May, before the Supreme Court
adjourned.
This seems to have been done by a sort of
and it was done without any con-
ference with the Chief Justice, and was u !
matter of which he had no control. The |
counsel on both sides were informed by the |
District Judge, that the Chief Justice would |
come in a few days, and ii trial had been |
desired on either side. it could have been |
had then-in that very month of May.
In October. 1867. an adjourned term hav- !
ing been appointed TO be held at Richmond, |
On the thix.eenth of November, the Chief |
Justice caused the parties TO be notified that |
he would attend At that time. in order that !!
the trial might then take place. if parties |
were willing. He did accordingly attend; !
out the parties were not ready.
This was in November. 1867. since then |
he Chief Justice has been obliged to at |
end the Supreme Court, at Washington. |
)nc thing is certain, there has been no term |
1t Richmond. since the capitulation of Lee. |
Thieh the Chief Justice could have at
ended. which he has not attended.
And another thing is clear. that the trial |
If Davis might at any time have taken
'lace-that is. since his capture in May. |
SOD. either by military commission, when |
military commissions were being held for ,
he trial OF offenders, under the authority of |
he President. Or by a court held by the Dis
rict Judge.
The Chief Justice. therefore. is in no sense
II in the least degree responsible for the de
ay which has taken place. Until last May |
lie could not Try him, and since then he has
'lways been ready. S. 2. CHASE.