The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-01
JEFFERSON DAVIS.
The Secret Why He was Not ProsecutcA
Explained by Judge Clifford, OF MassA-

The Secret why He was Not ProsecuteA
Explained by Judge Clifford, Of MassA-
chusetts.
The Charleston Daily yt,cs, March 20, Ia reapon-
sible for the following revelations made BY Judge
Clifford last week, at dinner party given In that
city by Coenei Richard Lathers to q number 81
distinguished Northern gentlemen, who, at Coiooca
Lathers' table, met some OF the leading gentiemca
Of South Carolina. The Ne,cs remarks after rcisr-
ring to the conversation upon the Webster-PArk-
man murder, In which Judge Clifford prosecuted -
Attorney General OF Massachusetts,:
ssAnother event Of great historical interest h
which Judge Clifford participated was the socmH
lawyers OF the North at washington. few msntfW
after the war, upon the momentous question eS -
the federal 5 5sq o
Davis fer his participation and leadership In tto
war OF secession. In this council, which was sur.
rounded at the time with the utmost secrecy,
and which has never yet been described, wcN
United states Attorney General Speed, Judge 0ais.
a dozen Others, who had been selected from tao
Whole Northern profession for Their legal ability
and acumen, and the result OF their deliberatioA
was the sudden abandonment OF the case By the
federal government in view OF the nsurmountabs
difficulties in the way OF getting final convictica
law bearing upon the case. Mr.. Hoadley, then ansl
now near neighber ana intimate friend OF JudgD
WashIngten to oin this conference he paid Mn
tNIr. HOadley) the compliment OF calling upon hin
TO consult upon the momentous question which
he was abont to resist IN solving, ana ~
was agreed between them thar unless It
were clear that tho conviction OF Mr.. Davis
would follow his trial, and that the law and the
facts the side Of the prosecution would he irro-
sistible In the Supreme Court as we'll as In Whist
ever court OF original jurisdiction the case mighA
be initiated. II would be the part OF wisdom IN
true stateslnanship % well as policy net to bcgtA
the prosecution Yhs conference took place, am
stitutico, the law OF nations, the decisions OF tip
Supreme Court In the trial Of Aaron pnrr, aua
hnt tnnV
on the case then under consideration. aud Tho
whole list OF State trials In the history Of the cvt-
d ts The council was divided upon souas
points and agreed upon others. Some wem
q % for 0sns
fully insisted from the first upon the futN-
ty Of such. a. course. and finally. the wises
prosecution OF Mr.. DAVIS was. as will be remen-
bered, suddenly abandoned although it NAV doubt
less be news to many Of our readers TO learn th1t
this sudden change OF policy was the drcot resSne
Of this solemn couclave After the council had a0.
lourned, and Judge Clifford had returned to ~
alterations, and Judge Clifford made striking anQ
CHARACTERISTIC reply IN something Ike the following
we fnd that the laws Of the United States are M
constructed as to a1ord any certainty OF puniAar
raigncd under them cannot be brought to e0nvio.
ton. Perhaps /. is that the men who framed ouy
who were then nghtIne for liberty, with ha,tenl
about their necks, did not pay much attention -.
tho question oil punlshl0g In tue Iuture the dc0
which they were committing themselves"
Another "Reminiscences Illustrating the sentinaco4
oil the thinking men OF the North In 1866, WAS 10
lated by Mr. H0adley OF the Hon. John A. Andrew
then Governor OF Massachusetts,. IL was on tn4
day OF the grand review Of the federal army ~
Washington; q number OF gentlemen were 0otno
entertained ar the residence or General b. l.. ~
Barlow, 10 that city, and the conversation AZ
turned to the subject Of bringing the Leaders OF Ia
Confederate cause to punishment under tne crtAe-
iual law OF the land, when Goycrnor AndrcY Ex-
pressed himself as follows: 1T cannot be done;
The criminal law has no application here. why, =
Is proved by its very title that the criminal law
Law for crlminals-the laws or the code Of n.
formed by the great body OF the .peopi4
who are in the main. good men,, for sne
regulation and punishment of the BAD meA
scattered here and there throughout 90.
cety. But when a whole. people commit -
act, rash, impotic and direful IN It's conse.
quences though 1t may be, and the best and wieebe
men and women OF the whole people partictpaeo
therein encourage and LEAD It, Il Is Impossible -
consider the criminal law as being framed 10 meuo
that case being In any way applicable theretoA
These people appealed to the arbitrament OF va.
and they have suffered by the war-that IL thctr
punishment. believed In giving them war. when
it was war they wonted-yes, and l gave .
captains commission once to q Massachusetts
sergeant for no other than that he bad win
his own hands hanged seven guerras. THAT xne
war. that was the measure OF their punisamen9
but criminal law has nothing to do with this case
This declaration OF the emphatic Governor -
Massachusetts, caused the remark, when reiate4
yesterday that IL had an historical parallel IN IL
famous sToTGs Of Dasso, when ne told INC bIaHA
tonists, that he ''knew Of no way to write an N
dictment OF O whole people,"
number OF similar "reminiscences Of both NORTH
ern and Southern history were related, and Afte9
an hour or two OF pleasant conversation ana a..
tual expressions desire for better acquaintsAea
and fuller appreciation OF the condition Oh ben
sections OF the country the guests separated.