Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-04-02
A LEAF FROM HISTORY.
Why the Federal Government DID
Not Prosecute jefferson Davis.

Reminisceuces of washington I'm 1856
A Reunion Between Boston and
Charleston.
From the Charleston News, March %
A distinguished party Of gentlemen from
Massachusetts,, who arrived In the city last
Wednesday on their way farther South, and
a select party Of Charleston gentlemen, who
had been invited to meet them, were enter
tanned by Col. Richard Lathers at his man
sion on the South Battery yesterday alter
noon, The visitors from the North were
the Hon. John 81. Clifford. who has held
SUCCESSFULLY the positions Of attorney gen
eral, Governor and Supreme Court Justice
of Massachusetts, and who is now the pres
ident ofthe Boston and Providence Railroad
Company; the Hon. John @. Hoadiey, o.
Lawrence, Mass Maj. 81. @. Brooke, and
one OF two other gentlemen The Charles
tonians who were invited TO meet them, IN
Guided number Of the most prominent
gentlemen of the clty. and the meeting OF
these representative men from the political
antipodes of the country, proved All exceed
ingly pleasant one, both parties taking oc-
casion to express to their genial host the
pleasure that the meeting afforded them.
Judge Clifford Is one Of the most distin-
guished iurists Of Massachusetts, and has
been prominently connected with several
events which have becon1o matters of ma
tional history. The famous Webster-Park-
man murder occurred while he was the at
torney-general of Massachusetts,, and he
conducted the prosecution of that case TO
its final result in the execution Of DR..
Webster for his strccious crime. Another
event of great historical interest in which
Judge Clifford participated was the solemn
consultation Of small number of the
most able lawyers of the North at Wash
ington, a few months after the war, upon
the momentous question as to whether the
Federal Government should commence q
criminal prosecution against the Hon. JEFF
ferson Davis for his participation and
leadership in the war of secession. In
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, the Hon. William NJ.
Eyarts, and perhaps half a dozen others,
who had been selected from the whole
Northern profession for their legal ability
and acumen, and the result of their delib-
Grafton was the sudden abandonment Of
the case By the Federal Government In
| view of the insurmountable difficulties In
the way of getting final conviction, which
! we're revealed by their patient study of the
! law bearihe upon the case. Mr.. Hoadley,
| then am, now near asighbor and intimate
friend of Judge Clifford, relates that before
the latter set out for Washington to join
| this conference he paid him MIR. Hoadley)
the compliment of calling upon him to con-
| suit upon tbs momentous question which
he was about to assist In c0lVing, audit was
agreed between them that unle5 It were
| clear that the conviction Of Mr.. Davis
would follow his trail, and that the law
and the facts on the side Of the prosecution
would be irresistible in the Supreme Court
| as well as in whatever court Of original ju-
risdiction the case might be Initiated, it
| would be the part Of wisdom and true
| craftsmanship as well as policy not to be-
! gin the prosecution. The conference took
| place and was long, learned and profound.
| The Federal Constitution; the law Of ma
| tions, the decision of the Supfere Court in
the trial of Aaron Burr, aud other causes
ceLebre. having more or less bearing on the
case then under consideration, and the
whole list of State trials in the history Of
| The CIVlllZOu NCAO 90ttd1ONf
aualVzed and dissected. The council was
divided upon some points and 2,reed upon
others. Some were at first strenuous Tor
prosecution. others who had weighed the
subject more carefully insisted from the hrst
upon the futility Of such a course, and
finally the wiser counsels OF the latter
prevailed and the proposed prose
cution 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 direct result OF
this solemn conclaEe. After the council
had adjourned, and Judge Clifford had re-
turned to his home, Mr.. HOadley inquired
the result of their deliberations, and Judge
Clifford made striking isnd characteristic
reply in something like the following Ian
guage: Remarkable as the fact may ap
pear, we find that the laws of the United
States are not so construed as to afford any
certainty of Furnishing high treason or re
beIlion, and Mr.. Davis, if arraigned under
them, cannot be brought TO conviction. Per
haps it is that the men who framed ou
fundamental law and system of govern
ment, and who were then fighting for libsr
ty, with halters about their necks, did no
pay much attention to the question OF pun
ishing in the future the acts which they
were committing themselves"
Another Renaissance illustrating the
sentiment of the thinking men ofthe North
in 1865, was related by Mr.. Hoadley of th'
Hon. John A. Andrew, then Governor o
Massachusetts. 1t was on the day of tn
grand review of the Federal army in Wash
!. ington; a number of gentlemen were being
entertained at the residence of Gen. 5. l.
NJ. Barlow, in that city, and the converse
ton had turned 10 the subject Of bringin
the leaders of the Confederate cause &c
| punishment under the criminal law Of tbs
land, when Gov. Andrew expressed him
, self as follows: "It cannot be done-th
criminal law has no application here. Why
it is proved by its very title that the crimi
nal law is a law for criminals-the laws O
the code of laws formed by the great bod.
: of the people, who are in the main goo
! ! men, for the regulation and punishment
: the bad men scattered here and ther
throughout society. But when Who'll
people commit an act, rash, impolitic an
!, direful in its onssquences, though
: NAV be, and the best and WlseS
: men and women of the whole pee
7 pie participate therein, Ell
courage and lead it, it is impossible to con
slider the criminal law as being framed
meet that case, or as being in any way app
. cable thereto. These people appealed to Il
: arbitrament OF war, and they have suttare
: by the war-that is their punishment.
believed:in giving them war, when 1t WI
: war they wanted-yes, and 1 gave q ca
tsin's commission once TO Mass3chuset
: sergeant for no other reason than that b
~ had with his own hands hanged seven que
= rillas. That was war, that was the mea
ure of their punishment, but criminal IL
: has nothing to do with this case" I'D
- declaration of the emphatic Governor
Massachusetts, caused the remark, when T
Il lated yesterday, that it had an historic
parallel in the famous words OF Burk
y when he told the British Parliament, In re
erence to the American revolutionists, to
. be "kneW of no way to write an lndlc
!. ment of a whole people,"
= A number of similar "reminiscences
:! both Northern and Southern history we
Il Il related, and after an hour or two OF plea
~ ant conversation and mutual expression
- of a desire for better acquaintance and
y fuller appreciation of the conditions OF DO
70 sections of the country the guests sep
II rated, Judge Clifford proceeding with b
- family TO Savannah, whence he expects
% return in few days to make longer 81
II in this city. .--......s