The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1873-04-18
A CURIOUS SECRET.


FOR CoNsPIRACY-A kEMiNIscENCE-Al
STORY BY A SUPREME COURT JUDGE.
The Charleston Daily News, of March
the Goth, is responsible for the following
revelations made by Judge Clifford, last
week, at n dinner party given in that
city by Col Richard Lathers to - number
OF distinguished Northern gentlemen,
who, at Colonel Lather's table.met some
of the leading gentlemen Of South Caro-
lima. The News remarks. after rcferringt
to the conversation upon the Webstcr-
Parkman murder, i'm which Judge Cliff
ford prosecuted as Attorney-General of
"Another event of great historical in 4
tcrest i'm which Judge Clifford partici-I
pated was the solemn consultation OF al
small number of the most able lawyers
Of the North at Washington. a few
months after the war, upon the mOmen-
tous question as to whether the FEDERAL
should commence crimi-
nal prosecution against the Hon. JEFF
ferson Davis for his participation and
leadership in the war of secession. Inl
this council. which was surrounded at
the time with the utmost secrecy, and
which has never yet been described.
were United States Attorney General
Speed, Judge Clifford, and the Hon.
W illiam NJ. EvartS, and perhaps half a|
dozen Others, w no had been selected from
the whole Northern profession for their
legal ability and acumen, and the result
OF their deIiberation was the sudden
abandonment OF the case by the fcderai
able difficulties in the way Of getting a
final conviction, which were revealed by
their patient study OF the law bearing
upon The case. Mr.. Hoadlcy, then and
now near neighbor andsin,imate friend
OF Judge Clifford, relates that before the
latter set out for Washington TO join
this conference, he paid him MIR. Hoad-
ley the compliment of calling upon him
to consult upon the nOmentous ques-
tion which hc was about TO assist in sol
wing, and il was agreed between them
that unless il were clear that the con-
victiOn OF Davis would follow his trial,
a:i,i that the law and the facts OH the side
OF the prosecution wouids be irrcslstable
in the supreme cuurtsas well as in what
ever court OF original jurisdiction the
case might bc Initiated. il woHld be the
part OF wisdom and.t craftsmanship
"a. well as policy not to begin the prose-
cttivn. Tie conference took place, and
was long, learned and profound. The
federal constitution, the law OF nations
the decisions vi the supreme Court ii
the trial OF Aaron Burr, and other cause.
celebrcs, having more or less bearing Oh
the case then under consideration, and
The whole list of State trials in the his
tory uf the civilized world, were stud
led. weighed, analyzcd and dissected.
The counsel was divided upon some
points aud agreed upon others. Some
were mt first strenuous for prosecution,
Others who had weighed the subject
more carefully insisted from the first up
on the futility of such course. and flu
ally the wiser counscls OF the latter pre-
vailed, and the proposed prosecution OF
Mr.. Davis was, as will be remembered.
Suddenly abandoned, although it may
doubtless be news to many Of our rea-
Idcrs 10 learn that this sudden change OF
policy was the direct result Ofthis solcnAI
.conclavc. After the council had adjourn
led, and Judge Clifford had returned Ia
his home, Mr.. lIoadley inquired the re-
suit OF their deliberations, and Judge
Clifford made striking and characteris-
tic reply in something like The follow
ling language " Remarkable as the fact
may appear, we find that the laws Of the
L nited States are not SO constructed as tu
afford any certainty Of Furnishing high
ltrcason orrcbeilion, and Mr.. Davis If ar
raigned under h,em can not be brought
to conviction. Perhaps it is that the mcu
who framed our fundamental law and
system Of government, and who were
then fighting for liberty with halters
about their necks, did not pay much at
ltention to the question of furnishing Ia
the future the acts which they were COM
Uniting themselves
Another rcminiscencc. illustrating the
sentiment OF the thinking men OF the
North in '65. was related by Mr.. Hoad.
ley Of the Hon. John A. Andrew. then
Governor OF Massachusetts. Ii was OF
the day Of the grand review OF the fed
eral army in Washington asluInber Ol
gentlemen were being entertained at the
residence Of General ). J.. NJ. Barlow,
In that city. and conversation had turn
ed TO the subject OF bringing the leaders
of the Confederate cause to punishmen
under the criminal law Of the. land
W hen Governor Andrew expressed him
/. self as follows: I" II can not be done.-
The criminal law has no application here
Why, il is proved by its very title tina
the criminal law il law for criminals :
the laws or the code of laws formed b
, the great body Of the people, who are j
3 the main good men, for the regulation
r nd punishment of the bad men scattere
here and there throughout society. Blu