, 1873-04-09
JEFFERSON DAVIS.
Tho Secret why 1He WINS Not Prose-.
cute1 Explained y'aatlgo Clifford,


clatel Explained by fudge Clifford,
of NInEsnchusotts.
The Charleston Is. o. Daily Ne,os, March %,
ia responsible for tho following revelations nla1o
by Judge Clifford, Inst woek, ut dinnor party
nu1nbor Of distinguished Northern gentleman,
who, at Col. Lnthors' table, met some Of tho
leading gentlemon Of South Carolina. Tho Ne,cs
remarka, after referring to tho conversation
upon the Wcbstor-rarklnan murder. in which
Of Massachusetts
"Anotlor evont of great historical interest In
which Judge Clifford participated was the SOLEMN
consultation OF small number Of the mort able
months aftcr tho war,. upon the 1nomontous
question rs to whethor the Federal Government
should commence criminal prosecution against
tho Hon. Jefferson Davis for luis participation
council, which was surrounded at the time with
tho utmost secrecy, and which has mover yct boon
described, wore Unitod Staten Attorney: General
Speed, Judge Clifford, tho Hon. William n.
had boon soleotol from the whole Northern pro-
foasion for their legal ability and ncnmcn, and
tho result Of thoir elaboration was the sudden
abandonment Of tho caBe by tho Federal Gov
which we're revealed by their patient atudy Of tho
law bearing upon tho case. hIr. Hoadloy, then
and now noar noighbor and intimate friend OF
ont Tor Washington to join this conference, he
paid him {Mr. Hoadloy) tho compliment Of call
ing upon him to consult upon tho 1nomontous
question which ho waB about to assist In solving,
and 1t was agrocd botwoen them that unless It
wero ooar that the conviction OF Mr.. Davis tuld
follow Ills trial, and that tho law and the facts
the aido Of the prosecution would be Irresistible
lii tho Supreme Court, al we'll aa In whatever
court Of original Jurisdiction tho caac might be
initiated 1t would be tho part Of wisdom and
true ntatoBmanship al vol Us policy, not to be-
gin the prosecution. Tho conference took
pr"ina psfiS "'e ro 9S Too1a leg ofaao the tha
law i Of nations, tic docisioua Of tho
Supreme Court IN tho trial Of Aaron Burr, and
other cauaes colebtes having more or loss boar,
ing on tho cAbe then under consideration, aud
tho whole list Of State rials In tho history Ok tho
civilized world, woro ntudied, weighed, ana!yzed,
! and dssected. Tho council wore divided upon
worc at frat strenuous for prosecution. othorH
WHO hal weighed the subject moro carefully, IN
sisted from tho first upon tho futiltty OF such
J course; and finally tho wiser coupHelH Of tho
latter prevailed, mud tho proposed prosecution
! Of Mr.. DavlB waB, rs will bo romomberod, sui
] denly abandoned, although It may doubtless oo
nown to many Of our reatlora to learn that thia
nllddon ohange OF policy was tho direct reauls
! OF thiR SOLEMN conclayo. After tho co!tnoli had
| adjourned, and Judge Clifford had returned to
hiH homo. Alr. Hoadlcy inquired the result OF
! their deliberations, aud Judge Clifford maio 4
striking and characteristic reply in something
Like tho following language: "llomaraanie hatl'e
fact may appear, wo find that tho laws OF tho un-
ted Statos are not 10 const. acted AZ to AFFORD any
certainty OF Furnishing high treason or robelllola
and Mr. Davis II arraignod under them, cannot
be brought to conviction. Perhaps 1t ts flint tho
mon who framed Our fundamental law and Bystom
Of government, and who wore then fighting Tor