Buchanan County bulletin. [volume] (Independence, Iowa) 1869-1891, 1873-04-18
VIII y Jefferson Davis was not Tried.

The Charleston DuiM Nc,cs,
March goth, is responsible for the
following revelations made by Judge
Clifford, last week, at dinner par
ty given in that city by Colonel
Richard Lathers, to Il number of
distinguished Northern gentlemen,
who at Colonel Lather's table, met
some Of the leading gentlemen Of
South Carolina. The Ne,rs remarks,
after referring to the conversation
upon the Webster Parkman murder,
in which Judge Clifford prosecuted
as Attorney General of Massachu-
sets:
"Another event Of great historical
interest III which Judge Clifford
participated, was the solemn con-
sulta:ion of small number of the
most able lawyers of the North at
Washington, few months after the
war, upon the momentous question
as to whether the Federal Govern
mcnt should commence criminal
prosecution against the Hon. JET
terson Davis for his participation
and leadership in the war of scces-
sion. In this council, which, was
surrounded at the time with the ut
most secresy, and which has never
yet been described, were United
States Attorney General Speed,
Judge Clifford, the Hon. VIM, Ev-
arts, and perhaps half u dozen 9th
ers, who had been selected from the
whole Northern profession for their
legal ability and acumcn, and the
result of their deliberation was the
sudden abandonment of the case by
the Federal Government in view of
the insurmountable difficulties in
the way of getting final convic-
ton, which were revealed by their
patient study of the law bearing
upon the case. Mr.. Hoadley, then
and now neigEbor and intimate
friend of Judge Clifford, relates
that before the latter set out for
Washington to join this conference
he paid him (Mr. Hoadly) the COM
pliment OF calling upon him to con-
suit upon the momcntous question
which he was about to assist in solv-
ing, and it was agreed between
them that unless it were clear that
the conviction Of Mr.. Davis would
follow his trial, 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 jurisdic
ton the case might be initiated, it
would be part OF the wisdom and
trac craftsmanship rs well as policy
not to begin the prosecution. The
conference took place, and was long,
learned and profound. The FEEDER
al Constitution, the laws Of nations,
the decisions Of the Supreme Court
in the trial of Aaron Burr, and 9th
er causes celebrcs, having more Or
less bearing on the case under con-
sideration, and the whole list of
State trials in the history of the
world, were studied, weighed, ana
lyzed and dissected. The council
was divided upon some points and
agreed upon others. Some were at
first strenuous tor prosecution, 9th
ers who had weighed tire subject
more carefully insisted from the
first the tutility of such o course,
and finally the wiser councils ofthe
latter prevailed, and the proposed
prosecution of Mr.. Davis was, as
will be remembered, suddenly aban-
doned, 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 coun-
Gil had adjourned, and Judge Cliff
ford had returned to his home, Mr..
Hoadley inquired the result of their
deliberations, and Judge Clifford
mode striking and characteristic
reply in something like the follow
ing language: "Remarkable as the
fact may appear, we find that the
laws Of the United States are not so
constructed as to afford any certain
ty Of furnishing high treason or re-
bellion, and Mr.. Davis if arraigned
under them cannot be brought to
conviction. Perhaps it is that the
men who framed our fundamental
law and system of government, and
who were then fighting for liberty,
with halters about their nccks, did
not pay much attention to the ques-
tion of Furnishing in the future the
acts which they were committing
themselves"
Another rcminisccnce, illustra-
ting the sentiment Of the thinking
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