The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1873-04-17
JEFFERSON DAVIS.
The Secret why He was not Prose-
cuted Explained by Judge Cliff
ford, of MASSACHUSETTS,.

AA0 SCSkCs why he was not FrO60'
cuted Explained by Judge Cliff
ford, Of MASSACHUSETTS,.
The Charleston Daily Ne@s, March
%, is responsible for the following
revelations made by Judge Clifford
last week. at dinner party given In
that city by Col. Richard Lathers to n
number Of distinguished Northern
gentlemen, who at Col. Lathers' table
met some of the leading gentlemen Of
South Carolina. The NeUs remarks,
after referring to the conversation up
on the Webster-Parkman murder, in
which Judge Clifford prosecuted as
Attorney General OF Massachusetts,:
"Another event OF great historical
interest in which Judge Clifford par
ticipated was the solemn consultation
of small number Of the most able
lawyers Of the North at Washington,
few months after the war. upon the
momentous question rs to whether
the federal government should COM
mence criminal prosecution against
the Hon. Jefferson Davis for his par
ticipation aud leadership in the war of
secession. In this council, which was
surrounded at the time with the ut
most secrecy, and which has never yet
been described, were United States
Attorney General Speed, Judge Cliff
ford, the Hon. William NJ. Evarts.
snd perhaps half . dozen others, who
had been selected from the whole
Northern profession for their legal
ability and acumen, and the result Of
their deliberation was the sudden
abandonment Of the case by the fed
eral government i'm view of the unsur
mountable 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 and now a near. neigh
Dor and intimate friend of Judge
Clifford, relates that before the latter
set out for Washington to join this
conference he paid him Mr.. Hoadiey)
the compliment Of .lling upon hin
to consent upon the momentons ques-
tion which he was about to assist in
solving, and 1t 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 rs well AS in whatever court Of
original jurisdiction the case might be
initiated, 1t would be the part OF wis
dom and true statesmanship p as well as
policy not to begin the prosecution.
The conference took place. and wa,
long, learned and profound. The
federal constitution, the law Of ma
tions. the decisions OF the Supreme
Court in the trial Of Aaron Burr, and
other causes celebrcs, 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 dissectad The council
was divided upon som- points and
agreed upon others. Some were ut
first strenuous for prosecution, others
who had weighed the subject more
carefully insisted from the first upon
the futility Of such course, and final
ly the wiser counsels OF the latter pre-
vailed and the proposed prosecution
OF Mr.. Davis was, rs 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.,
HoadIey inquired the result Of their
deliberations, and Judge Clifford made
striking and characteristic reply in
like the following languages: I
p" Remarkable as the fact may appear,
we find that the laws of the United
ford any certainty OF prnishing high
treason or rebellion, and Mr.. Davis II
arraigned under them cannot be
brought to conviction. Perhaps it is
that the men who framed our funda-
mental law an.l .lsystem of government,
and who were then fighting for liber-
ty, with halters about their necks, did
not pay much attention to the question
of Furnishing iD the future the acts
which they were committing them
seives.'
Another "reminiscences, illustrating
the sentiment Of the thinking men Of
the North ia 1865, was related by Mr..
of the Hon. John A. An
drew, then Governor of Massachusetts,,
It was on the day of the grand review
Of the federal army in Washington
y number of gentlemen were being
at the residence OF General
5. L. NJ. Barlow, in that city, and the
had turned to the subject
of bringing the leaders of the Confei-
crate cause to punishment under tho
criminal law Of the land, when Gov
ernor Andrew expressed himself 40
follows: ut cannot be done. The
law has no application here.
Why, 1t is proved by its very title that
the criminal law il law for criminals
the laws or the code of laws formed
by the great body Of the people, who
are in the main good men, for the reg
ulation and punishment OF the bad
men scattered here aud there through.
out society. But when whole people
an act, rash, impolitic and
tireful in its consequences though it
nay be, and the best and wisest men
md women Of the whole people par
.icipate therein, encourage aud lead
i, it is impossible to consider the
law a. being framed to meet
that case, or a. being in any way ap-
plicable thereto. These people ap-
peaied to the arbitrAment Of war, aud
they have suffered by the war--that 1.
their punishme Mt. believed In Civ
ing them war, when it was war they
and gave q captains
once to 4 Massachusetts {
for 40 other reason than that