The Placer herald., 1873-05-31
A LEAF FROM HISTORY.
Why the Federal Cover ment did not Pros.
ecute jefferson Davis.

A distinguished party of gentlemen from
Massachusetts, who arrived in The city las,
Wednesday on their way farther south, and
select party of Charleston gentlemen, who
had been invited to meet them, were enter
tanned by COL Richard Lathers, at his man
sion on the Southern Battery, yesterday at
ternoon. The visitors from the North were
the Hon. John II. Clifford, who has held
successively the positions Of Attorney-Gen-
eral, Governor and Supreme Court Justice
of Massachusetts, and who is now the Pres
ident of the Boston and Providence Railroad
Company; Hon. John G. Hoadley, of Law
| renee, Massachusetts, Major ii. Q. Brooke.
and one or two other gentlemen. The
Chare slonians who were invited to meet
them included a number of the most prom
inent gentlemen of the city, and The meeting
OF these representative men from the political
an Fpodes Of the country, proved exceedingly
pleasant, both parties taking occasion to
express to their genial host the pleasure that
the meeting afforded them.
Judge Clifford is one Of the most disin-
guished jurists of Massa .husetts, and has
been prominently connected with several
N'N''o "hiNb ItNC ptSoiuC hhtlCic VA hdtiol7
al history. The famous WebsterParkm man
murder occurred while be was the Attorney
General of Massachusetts,, and he conducted
the prosecution of that case 70 its final result
in the execution of Dr. Webster for his afro
cious crime. Another event of great histori-
cal interest in which Judge Clifford partici-
pated was the solemn consultation of small
number of the most able lawyers of the
North at Washington, few months after
the war, upon the momentus question as tt
whether the Federal Government should
commence a criminal prosecution against the
Honorable Jefferson Davis for his partcipa-
ton and leadership in the great war of seces
sion. In this council, which was surround
ed at the time with the utmost secrecy, nd
which has never yet been described, were
United States Attorney General Speed
Judge Clifford, the Honorable William M
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 delibera-
ton was the sudden abandonment of the
cause by the Federal Government, in view
Of the insurmountable difficulties in which
the way of getting a financial conviction
which were revealed by Their patient study
of the law bearing upon the case. Mr..
Hoadley then and now a near neighbor and
intimate friend of Judge Clifford, relates
that before the latter set out for Washington
to join the conference he paid him (Mr.
Hoadley) the compliment of calling upon
him to consult upon the momentus question
which he was about to assist in solving, and
it were clear that the conviction of Mr..
Davis would follow to bis trial, and that
law and the facts on the side of the prose-
cutior would be irresistible in the Supreme
| Court as we'll as in whatever court OF
original jurisdiction the case might be mi
tiated, it would be the part of wisdom 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, and the law OF
nations, The decisions of the Supreme Court
in the trial of Aaron Burr, other causes
celebre, having more or less bearing on the
case then under consideration, and the whole
list of State trials in the history Of the civil
| lied world, were studied, weighed, analyzed
and dissected. The council was divided
upon some points and agreed upon others.
Some were at first strenuous for prosecution,
others who had weighed the subject more
carefully insisted from the first upon the fu-
tiity of such course, and finally the wiser
counses of the latter prevailed and the pro-
posed prosecution of Mr.. Davis was, as will
be remembered, suddenly abandoned al
| though it may doubtless be news 10 many
of our readers to learn that this sudden
change of policy was the direct result of this
solemn conclave. After the council ad-
oumed, and Judge Clifford had returned to
his home, Mr.. Hoadley inquired the result
of their deliberations, and Judge Clifford
made striking and characteristic reply in
something like the following language;
Remarkable as the fact may appear, we
! find tha. tho laws Of the United States are