The Lincoln County herald., 1873-04-16
A Leaf from History,
why che Federal Government did not
Prosecute Jefei son Davis.

from Massachusetts,, who arrived 10 the
city last Wednesday on their way farther
South, and select party Of Charleston
gentlemen, who had been invited to meet
them, were entertained by Col Richard
Lathers, at his mansion on the Southern
Battery, yesterday afternoon. The visi
tors from the North were the Hon. John
II Clifford, who has led successively the
positions Of Attorney General, Governor
and Supreme Court Justice of Massaehu.
setts, and who Is now the President of
the Boston and Providence railroad CON.
pauy; the Hon. John q. Hoadley, of
Lawrence, Mass Major II. e. Brooke,
aud one or two othor gentlemen. The
Charlestonians who were invited to meet
them included q number of the most
prominent gentlemen Of the city, and the
meeting Of these representave men from
the political antipodes of the country,
proved an exceedingly pleasant one, both
parties taking occasion to express to their
genial host the pleasure that the meeting
afforded them.
Judge Clifford is one OF the most dis
tinguished jurists of Massachusetts, and
has been prominently connected with
several events which have become mat
ters of national history. The famous
Webster Parkham murder occurred while
be was the Attorney General of Massa
chusetts, and he conducted the prosecu
ton Of that case to its final result in the
execution of DR.. Webster for his afro
cous crime. Another event Of great his.
torical interest in which Judge Clifford
participated was the solemn consultation
of q small number of he most able law
yers Of the North at Washington, q few
months after the war, upon the moment
Gus question as to whether the General
Government should Jmmence a criminal
prosecution against the Hon Jefferson
Davis for his participation and leadership
10 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 U. 5. Attorney
General Speed, Judge Clifford, Hon. Wm.
Nj. Evarts, and perhaps half dozen
others, who had been selected from the
whole Northern profession for their legal
ability and acumen, and the result Of
their delberation was the sudden aban-
donment of the case by the Federal Gov
ernment in view Of the iDsurmountable
difficulties, in the way Of getting final
conviction, which we're revealed by their
patient study of the law bearing upon the
case. Mr. Hoadey, then and nows near
neghbor and intimate friend of Judge
Clifford, relates that before the latter sci
out for Washington to join the conference
he paid him (Mr. Hoadley) the compli
ment of calling upon him to consult upon
the momentous question which he was
about to assist in solving, aud it was
agreed between them that unless 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 prosecu
ton would be irresistible in the Supreme
Court, as well as whatever court Of origi
nal jurisdiction the case mi ght be inl.
tiated, it would be the part of wisdom and
true craftsmanship, as we'll as policy, not
to begin the prosecution. Tho confer
encc took place, and was long, learned
and profound. The federal constitution,
the law of nations, the decisions of the
Supreme Court in the trial of Aaron
Burr, and other causes ccteJre, having
moro or less bearing on the case then
under considera ion, and the whole list OF
State trials 10 the history of the civilized
world, were studied, weighed, alyzed
and dissected. The council was divided
upon some points and agreed upon others
Some were at first strenuous for prosecu-
tion, others who had weighed the subject
more carefully insisted from the first upon
the fuility Of such course, and fually
the wiser counsels of the latter prevailed
and the proposed prosecution Of Mr.
Davis was, as will be remembered, sud
denly abandoned, although i. may doubt.
less be news to many Of our readers te
learn that this sudden change Of policy
was the direct result Of this conclave
After the council had adjourned, and
Judge Clifford had returned to his home
MIR. Hoadley inquired tho result Of tbei'
deliberations, and Judge Clifford made q
striking and characteristic reply in some
thing like the following language
"Remarkable as the fact may appear, We
6nd that the laws of the United States
are not SO constructed as to afford any
certainty of punlshiug high treason OF
rebellion, and Mv. Davis, if arraignec
under them. canuo. bc brought to convic
tion. Perhaps it is that .he men who
framed our Fundamental law and system
OF government, and who were then fight
ing fos liberty, With halters about theil
necks, did not pay much attention to thu
question Of Furnishing 10 the future th'
acts which they we're committing them
selves"
Another gemiaiscence illustrating thu
sentiment Of the thinking men of th'
North, ia 1865, was related by Mr.
Hoadley Of the Hon. John A. Andrew
then Governor Of Massachusetts,. 1t wa
on the day Of the grand ycyiew Of th
Federal army ia Washington; a numbe
Of gentlemen we're being entertained a
the residence Of Gen. S, NJ, Barlow il