The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1873-03-29
A LEAF FROM HISTORY. 2
WHY THE FEDERAL DID
EOTPROSECUIE JEFFERSON DAVIS.
"Reminiscences OF Washington I'm 1866
A Reunion Between Boston ana
Charleston.

"reminiscences or "aSn1n8ton In AooV-
A Reunion Between Boston and
Charleston.
A distinguished party Of gentlemen rom
Massachusetts, who arrived In The city last
Wednesday on their way farther South, ana Q
select party OF Charleston gentlemen, VINO
had been invited 10 meet them, were entef-
tanned by Colonel Richard Lathers at his man
sion on the South Battery yesterday aftas.
noon. The visitors from the North 'ers tie,
Hon. John 81. Clifford. who has held sncoes-
slvely the positions Of attorney yscsers', Gov
ernor and Supreme Court Justice ct Msssar
chusetts, and who is now the president OF the
Boston and Providence Railroad Company;
the hon. John G. Hoadley. of Lawrence,
Mass; Major d. G. Brooke, and one or two
other gentlemen. The Oharlestonians who
were Invited to meet them included number
of the most prominent gentlemen OF the city,,
and the meeting OF these representative men
from the political antpodes OF the coultry.t
proved an exceedingly pleasant one, both
parties taking occasion to express to!thsir'
genial host the pleasure that the meeting af-
forded them. ~ -
Judge Clifford is one of the most dlstin-
gulshed jurlsts of Massachusetts, and has been
prominently connected with several events
whlch have become matters of national bis
tory. The famous Webster -Parkman murder
occurred while he was the encouragement
of Massachusetts, and he conducted the prose-
cullon of that case to itas final result In the
execution Of DR.. Webster for his Rtrocious
crime. Another event Of great historical inter-
est In which Judge Clifford participated was
the solemn consultation Of small number Of
the most able lawyers of the North at Wash
lngton, few months after the war, upon the
momentous question as to whether the Fed, i,
eral Government should commence crimiRhl
prosecution against the Hon. Jefferson Davis
for bis participation and leadershipin the war
of secession. In this council. which was sur
rounded at the time with the utmost secrecy,
and which has never get been described, were1
United States Attorney. General Speed, Judge
Clifford, the Hon. William II. Evarts, and
perhaps half dozen others, who had I
been selected from the whole Northern pro-
fessIon for their legal ability and acumen, and I
the result of their deliberstion was the sud- :
zen abandonment Of The case BY the Federal
Government In view of the insurmountabie
difficulties In The way of gettlug final con-
viction, which we're revealed by their patent
study Of the law bearing uporthe case. n Ar.
Hoadley, then and now q near neighbcr and
intimate friend of Judge clifford, relates that
before the latter set out for Washington to-
join this conference he paid him tMr. Hoad-
ley) the compliment of calling upon him to
consult upon the nomentous question which
he was about to assist In solving. and 1t
was agreed between them that unless II were
cleer that the conviction Of Mr. Davis
would follow his trial, and that the law
and the facts on tue siue VI Ino proscvart0H
would be irresistible In the Supreme Courtas
we'll as In whatever court Of original jurisdlc-l
tion the case might be Initiated, 1t would be-,
the part Of wisdom and true statesmanship as
we'll az policy not TO begin the prosecution.
The conference took place and was long,
learned and profound. The Federal Oonstitu-
lion, the law OF nations, the decisions Of the,
Supreme Court in the trial OF Aaron Burr, and /
other causes celebre, having more or less bear-t
ing on tho case tHen under confederation,
and the whole list of State trials 10 the history
of the civilized world, were studied. weighed.
analysed and dlssected.. The council was
divided upon some points and agreed upon,
others. Some were at first strenuous for pros
ecution, others who had weighed the subject
more carefully insisted from the frat upon the:
futility of such course, and finally the wiser.
counsels of the latter prevailed and the pro.
posed prosecution of Mr.. Davis Was. as Will;
be remembered, suddenly Abandoned al.
though it may doubtless be news to many Of
our readers to learn that this sudden change
of policy was the direcC result OF this solemn
concIaye. After the council had adjourned;
aud Judge Clifford had returned TO his home,i
Mr.. Hoadley inquired the result OF their delo-
ecatious, and Judge Clifford made strik1ng
and characteristic reply in something Ike the
The following language: Remarkable 40 the
fact NAV appear, we Ind that the laws OF the
United States are not so constructed az TO AZ
ford auy certainly .ot cpunishing high
treason or rebellion, and Mr.. Davis II arragn-
ed under them cannot be brought 10 convic:
ton. Perhaps 1t is that the men VINO IfameG
our fundamental law and system OF govern
ment. mel and who were then fighting for liberty,
Win hslters about their necks, did not pay
much attention to the question OF puniahlng
In lac tSe future the acts which they were com!
Hnoiner remIniscence illustrating the senti-
ment of the thinking men OF the Nortn, In
1868. was related by Mr.. Hoadley Of the Hon.
:John A. Andrew, then Governor OF Aaesachu-
astts. II was on the day OF the grand review
of lhe Federal army In Washington; number
of gentlemen we're being entertained at the tes-
idence of General 3. L. II. Barlow, IN that city,
and the conversation had turned to the sub"
Iect of bringing the leaders OF the ConledcIate
cause to punishment under the criminal laW
OF the land, when Governor AnoleW expIess-
ed himself as follows Ut cannot ne o0ne-
the criminal law has no application here.
Why. it is proved by It's very title tnat the
criminal law is law for criminais-the laws or
the code of laws formed by the great BODY
of The people, who are in the main good men,
for the regulation and punishment OF The bad
men scattered here and there throughout %,
ciety. But when q whole people commit an
act. rash, impofitlo and ;diretul IN its conse.
ouences though it may be, and the best
and wlsest men and women OF tho
whole people participate therein, en-
courage and lead 1t, 1t Is impossible to con-
sider the criminal law ae being framed 20
meet that case, or as being In any way ap2nii
cable thereto. These people appealed 70 tne
srbitrsmept of war, and they have suffered oy
The war-that is their punishment. oeneveo
In giving them war, when 1t was war tnSy
Wanted0yee, and gave captalnb comu
sion once to Massachusetts, sergeant lW ~
other reason than that he nao Will nts ~ oWn
hands hanged seven guerrlllss; iaat i mSs ~i
That was the measure OF tneir PunasntSi.lISs ,t sl,s
oo.a y This declaration OF the emphatic Gov
eooe. - Ueoaacnnsplts caused the remark,