The Tiffin tribune. (Tiffin, Ohio) 1868-1887, 1873-04-24
VOLUME 25-NUMBER 2S.
JEFF. DAVIS.
Why He vas Not Prosecuted BIZ the
GOIeFnment - The Story fold by
Judge Clifford, or Massachusetts

"HJ ny Vas NUl Prosecuted By The
/ GGIerHment - The Story fold by
Judge Clifford, or Massachusetts.
The Charleston Daily Nslrs Is re-
f spOnsible for the following ugreveIatio1s
made by Judge Clifford, last week, al
q dinner party given in that city bv
/ Col. Richard L4thers to q mum Der OF
/ distinguished Northern gentlemen,
who, at Col. Lathers' table, met some
OF the leading gentlemen OF South
I Carolina. The NclCS remarks, after
referring To the conversation UUOn the
I Webster -Parkman murder, in which
Judge Clifford prosecuted IS Attorney
General Of Massachusetts:
Another event OF great historical
interest, in which Judge Clifford Uar-
ticipated, was the solemn consulta-
ton OF a small number of the most
able lawyers Of the North, at Wash
ingtOn, few months after the war,
upon the mOmentOus question as to
whether the Federal Government
should commence q criminal prOsecu-
tiOn against the Hon. Jefferson Davis
for his participation and leadership
IN the war of secession. In this cOun-
ell, 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.
Evarts, and perhaps half a dozen 9TH
ers, VINO had been selected from the
whole Northern profession for their
legal ability and acumen, and the re-
suit Of their deliberatiOn was the sud-
den abandonment of the case by the
Federal Government in view of the
insurmOuntahie difficulties in the way
of getting q final conviction, which
were revealed by their patient study
OF the law bearing upon the case. Mr..
HOadley, then and now a neighbOr
and intimate friend of Judge Clifford,
relates that before the latter set out
for Washington to Join this confer
ence he paid him Mr.. HOadleyl the
compliment Of calling upon him to
consult on the mOmentOus question
which he was about to assist IN sOlv-
ing, and it was agreed between them
that unless it were clear that the con-
victiOn of Mr.. Davis would follow his
trial, and that the law and the facts
on the side of the prosecution would
gC II AAN1A1klD4E III NA-E Du lAEAAAE NOuA
as well as in whatever court Of origin
al jurisdiction the case might be i'll
itiated, it would be the part of wis
dom and true craftsmanship as well
as policy not to begin the prosecution.
The conference took place, and was
long, learned and profound. The
Federal Constitution, the law of ma
tiOns, the decisions of the Supreme
Court in the trial UI Aaron Burr, and
other causes c-iebreS, having more or
less beaving on the case then under
consideration, and the whole list of
State trials in the history OF the civil
lied world We're studied, weighed, an
alyZed and dissected. The council
was divided upon some points and
agreed upon others. Some were at
first stTenu sus FOR prosecution, others
who mad weighed the subject more
carefully insisted from the first upon
the fqtility Of such q course, and final
ly the wiser cOunsels of the latter pre-
vailed and the proposed prosecution
of Mr.. Davis was, as will be remem-
bered, suddenly abandoned, although
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 cOnclave. After the
council had adjourned, and Judge
Clifford had returned to his home, Mr..
HOadley inquired the result Of their
deliberstiOn, and Judge Clifford made
a striking and characteristic reply in
something like the following lam
guage: Remarkable as the fact may
appear We find that the laws Of the
United States are not so constructed
as to afford any certainty OF punish
ing high treason or rebellion, and MIR.
Davis if arraigned under them cannot
be brought to conviction. Perhaps il
is that the men who framed our fun
damental law and system of govern
ment, and who were then fighting for
liberty, with halteTs about their necks,
did not pay much attention to the
question of furnishing in the future
the acts which they were committing
themselves
"Another reminiscence, illustrating
the sentiment of the thinking men OF
the North in 1865, was related by Mr..
Hoadley of the Hon. John A. An
drew, then Governor of Massachu-
sets. 1t was on the day Of the grand
review of the Federal army in Wash
ington; a number of gentlemen were
being entertained at the residence of
Gen. S. l.. NJ. Barlow, in that city,
and the conversation had turned to
the subject of bringing the leaders of
the Confederate cause 20 punishment
under the criminal law Of the land,
when Gov. Andrew expressed hi IL
self as follows: 1t cannot be done.
The criminal law has no application
here. Why, it is proved by it, very
title that the criminal law is a law for
criminals-the laws or the euGe Of
laws formed by the great body of the
people, who are in the main good
men, for the regulation and punish
ment of the bad men scattered here
and there throughout society. But
when u whole people commit an act,
rash, impOlitic, and direful in its con-
sequences though it may be, and the
best and wisest men and women of
the whole people participate therein,
encourage and lead it, it is impossible
to consider the criminal law as being
framed to meet that case, or as being
in any way applicable thereto. These
people appealed to the aFbitrament Of
war, and they have suffered by the
war-that is their punishment. l be-
lieved in giving them war, when it
was war they wanted-yes, and l
gave a captains commission once to
d Massachusetts sergeant for no other
reason than that he had with his own
hands hanged seven gueTrillas. That
was war; that was the measure Of
their punishment; but criminal law
has nothing to do with this case This
declaration of the emphatic Governor
Of Massachusetts caused the remark,
when related yesterday, that it had
an historical parallel in the famous
wOris of Burke, when he told the
British Parliament, in reference TO the
American revOlutiOnists, that 'he
knew of no way 10 write an in-
dictment of a whole people,
ga nHmber of similar "reminiscences
of both Northern and Southern histO-
ry were related, and after an hour OF
two of pleasant conversation and mu-
tual expressions Of desire for better
acquaintance and a fuller approcia-
ton of the condition of both sections
of the country, the guests separated
THE INCREASE OF SALARIES.
The New York Tribune thus classi-
fes the vote on agreeing to the Con-
ference report on the bill by which
the salaries Of certain officers especial
" members Of Congress. The vote