Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1873-04-17
4 LEAF FROM HISTORY.
Why the Federal Government did not Prose-
cute Jefferson "reminiscences Of
Washinr in 1865.
from the Charleston News, Goth.

cute Jefferson "Reminiscences Of
Washing in 1865. s.e.
,[From the Charleston News, 29th.l
A distinguished party of gentlemen
from Massachusetts, who arrived in the
city last Wednesday on their way faith
er South, and select party OF Charles
ton gentlemen who had been invited
to meet them, were entertained by Col
onel Richard Lathers at his mansion
on the South Battery yesterday after
noon. The visitors from the North
were the Hon. John H. Clifford, who
has held successfully the positions of
Attorney General Governor and supre-
me Court Justice of Massachusetts, and
who is now president of the Boston and
Providence Railroad Company; the
Hon. John G. Hoadley, of Lawrence,
MASSACHUSETTS; Major III, G. Brooke,
and one or two other gentlemen. The
Challestonians who were invited to
meet them included a number of the
most; prominent gentlemen of the city,
and thessmeeting Of these representative
men from the political sntipodes of the
country proved an exceedingly pleasant
one, both parties taking occasion to ex
press to their genial host the pleasure
that the meeting afforded them.
Judge Clifford is one of the most
distinguished jurists. Of Massachusetts
and has been prominently connected
with several events which have become
matters of national history. The IA
nous Webster Parkman murder occurr-
ed while. he was the Attorney General
OF Massachusetts,, and he conducted the
prosecution of that case to its final re-
suit in the execution of Dr. Webster
for his atrocious crime. Another even
of great historical interest in which
Judge, Clifford participated was the
solemn consultation of a small number
Of the most able lawyers of the North
at Washington, few months after the
war, upon the momentous question as
whether the Federal Government
should commence a criminal proseou
ton against the Hon. Jefferson Davis
for his participation and leadership in
the war Of succession, In this council,
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 M. Evarts,
and perhaps half dozen others who
had been selected from the whole Nor
thern profession for their legal ability
and aeumen; and the result of their
deliberation was the sudden abandon
ment Of the case by the Federal Gov
eminent, in view of the insurmountable
difficulties in the way of getting final
conviction which were revealed by
their patient study of the. law bearing
upon the case. Mr.. Hoadley, then ana
now near neighbor, and intimate
friend of Judge Clifford, relates that
before the latter set out for Washing
ton to join this conference, he paid
him (Mr. Hoadley) the compliment of
calling upon him to consult upon the
momentous question which he was
about to assist in solving, and it was
agreed between them that unless it
were clear that the conviction of Mr.
Davis would fellow 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 what
ever court of original jurisdiction the
case might be initiated, it would be
the part of wisdom and true statesman
ship as well as policy not to begin the
prosecution. The conference took
place and was long, learned and pro-
found. The Federal Constitution, the
laws Of nations, The decision Of the
Supreme Court in the trial of Aaron
Burr and other causes celebre, having
more OF less bearing on the case then
under consideration, and the whole list
of State trials in the history of the civ
ilized world, were studied, weighed, |
analysed and dissected. The council
was divided upon some. points and
agreed upon other Some were at first
strenuour for prosecution, others who
had weaghed the subject more carefully
insisted from the first upon the .futility
of such course, and finally the wiser
counsels of the latter prevailed and
the proposed prosecution of Mr.. Davis,
was as will be remembered, suddenly
abandoned, although it may doubtless
be news to many Of our readers tc learn
that this sudden change of policy was
the direct result of this conclave. AT
ter the council had adjourned, and
Judge Clifford had returned to his
home, Mr.. Hoadley inquired the result
other elaboration, and Judge Clifford |
made striking and characteristic reply
in something like the following Ian
guage: Remarkable as the fact may APP
pear, we find that the laws of United
States are not so constructed as to aft
ord any certainty of furnishing high
treason or rebellion, and Mr. Davis
if arraigned under them cannot ;,be
brought to conviction. Perhaps it is
that the men who framed our fundam-
entail law and system Of government,
and who were then fighting for liberty,
with haiters about their niecks. did not
pay much attention to the question of
in the future the acts which
the were committing themselves.
I Another reminiscence illustrating the
sentiment of the thinking men of the
North, in 1865, was related by MI.
Hoadley, of the Hon. John A. Andrew,
then Governor of Massachusetts. 1t
was on the day of the grand review of
the Federal army in Washington; a
number of gentlemen were being en-
tertained at the residence Of General
S. L. NJ. Barlow, in that city, and the
conversation had turned to the subject
of bringing the leaders of the Con