Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1873-04-22

This terminated the interview, and General
Lee rode back to his headquarters, which were
three quarters Of mile northeast of the Court
house.
Why President Davis was not Tried.
Though the cunning, if fanatical, Northern
press and leaders have 30 long succeeded in con-
| ceang the true reason Why Mr.. Davis was not
| tried for treason" and have gulled the world.
and some Southern people, with their preten-
ces of 'magnanimity' towards him, the truth has
come out at last. And it proves that it was from
20 lack of desire to hang him and make treason
odious,' as the Southern traitor, Andrew John
son. proclaimed, but because the ablest legal
minds North found out he could not be con-
Victed 10 any Court of the United States. At
a recent meeting of prominent Northern law
yers and others, in s. c., Judge Clifford, the
ablest and greatest legal mind Of Massachu-
sotts, if net of the North, stated that 10 1865
the Government of the U. s., called confer
ence OF the most prominent jurists and states
man North, 10 secret session in Washington,
D. O., to discuss this question, and the follow
ing is Judge Clifford's report of it:
The conference took place and was long,
learned and profound The Federal Constisu-
tlon, the laws of nations, the decisions of the
Supreme Court in the trial of Aaron Burr, and
other causes cete6re, having more or less bear
ing Oo the case then under consideration, and
the whole list of State trials in the history of
the civilized world, were studied weighed, an
ayzed and dissected. The council was divided
upon some points and agreed upon others -
Some were at tirst strenuous for prosecution,
others who had weighed the subject more care
fully insisted from the first upon the futility of
such course, and finally the wiser counsels of
the later prevailed and the proposed prosecu-
ton OF Mr.. Davis, was. as will DE remembered,
suddenly abandoned, although it may doubtless
De news to msny OF our readers 70 learn that
this sudden change of policy was the direct re-
suit OF this solemn couclave. After this coun-
Gil had adjourned, and Judge Clifford had re-
turoed to his home. Mr.. Hoadley inquired the
result OF their deliberations, and Judge Cliff
ford made striking add characteristic reply
IN something like the following language: RE
markable as the fact may appear, we find that
the laws Of the United States are not so con.
structed as to afford any certainty of punishiDg
high treason or rebellion, and Mr. Davis, If ar
ralgned under them. cannot be brought to con-
Vlction. Perhaps it is that the men who franz
cd our fundamental law and system of govern
ment, and who were then fighting for liberty,
With haiters about their pecks, did not pay
much attention to the question Of publishing IN
the future acts which they were committing
themselves. - Charleston Ne,5s.
Judge Ciford's explanation and assertion
''that the men who framed orr fundamental
law when fighting for liberty with halters
around their necks," &c., is Of no force, when
We know the Federal Constitution vas framed,
By our fathers, fUe gears after the United States
sras sovereign and Independent. lie only uses
| the figure to cover up from his people the
dauning, terrible and humiliating fact, that
they had been bounded on, by thsir leaders,
through four years of merciless warfare, against
a people who were only asserting rights guar
anteed TO them by their fathers when they
framed the Constitution, and reserved by Vir-
ginia and other States when they acce ted it
1 e the right to alter or abolish their form Of
government--to secede By States-and estab-
lish such as suited them. Such is the omission
and such the only reasonable deduction from
the fact that great. victorious and vindicEive
government, did not leel powerful enough to
try, under it's own laws, the leader of the Sc
cession movement. when be demanded it and
gloried In what he and bis people had done.
There is 20 getting around this conclusion.
The men who rebelled against EngIaud were
rebels" indeed, aad if they had been con-
quered, their leaders would have swung by the
neck, but, with a wisdom almost superhuman,
they left no room for such fate for their pos
terity, in framing the present Constitution Of
the Uoited States, and the right of secession
of claiming their own aud Withdrawing from
the compact-was the safeguard they threw
| over them. We ''fought the good fight" and
| lost, and we accept the situation" but let no
Southern man feel shame for what he did in
that sacred cause, and since the acknowledg-
ment that we were right is forced from our en-
emies, by their failure to try and convict Mr..
Davis, let Us hear no more of traitors and
| making treason odions" from them.
All honor, then, to the grand ''old rebels"
of 1776! True patriots, gallant soldiers, gen.
erous conuuerors and wisest of lawmakers
were they They loved their country and lib-
erty; they fought bravely for both, and they
never oppressed or confiscated the property OF
their fallen foes hated Tories though they
| we're. The heroic followers of Lee and jack
son. the so called Southern Rebels' Of 1861,
who fought to make good the principles hand
| ed down by their eires owe them debt OF
gratitude they can never repay. They did their
work we'll, and none but the most narrow mind
ed, fanatica, liberty hating and prejudieed-
led on by an ignorant and besotted deserter
from his own people, like Andrew Johnson
could ever have dared to think of them as ma
king constitution and laws that would pro-
nounce their work infamous and forever debar
their descendants from asserting the inalieneble
rights Of heemen.
But, some will say, Why discuss the questions
settled By the war, or why din the oft-told sto-
ry ''of mans inhumanity to man" into cold
and unfeeling ears? Because it is right to
| proclaim the truth Of that mighty contest for
freedom, which the mills Of the gods are slow
ly but surely grinding out, and while our ene-
mics are making history 10 prove US fools and
traitors. il. more than ever behooves those who
lost everything but honor and the glorious mem
cries Of the heroic dead, to hand down facts to
tha fnture Macauley, who will surely arise to
pnrayel the tangled web Of falsehood the IA
naties have endeavored to shroud our actions
in Call it secession, revolution" or what
=,