Bradford opinion. [volume] (Bradford, Vt.) 1874-1881, 1876-01-29
JEFFERSON DAVIS.
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Late Chief Justice Chase.

yIuU0sssuloluoF TON
Late Chief Justice Chase.
The Buffalo Commercial advertiser
prints the following interesting letter on
the subject Of the trial of JEFF. Davis,
written by Chief Justice Chase to Gen.
Thomas W. Conway, now Of that city.
WASHINGTON, Jan. !, 1868.
Gen. r. W, Conway, Ndc Orleans,
L..
As to the trial of Davis, the
amount and kind OF misrepresentation Is
astonishing, The facts are simple.
neither seek nor shun tho responsibility
of trying anybody. My purpose is to
do my duty as a Judge honestly and
f Hs .ha s, turning neither to the right
While military authority was supreme
in the South, as an incident of the war,
and anybody could be tried by military
commission, no justice of the supreme
court could properly hold court there.
This state Of things lasted from before
the surrender Of Lee, in April, 1865, till
the final suppression Of the rebellion was
proclaimed in 1866. Meantime, in July,
1866, an act Of Congress, by changing
the circuits, had deprived the Justices OF
the supreme court Of jurisdiction in tho
Southern States, and jurisdiction was
not restored till March, 1867, when Con-
gress passed the necessary act. Of
course from July, 1866, to March, 1867,
neither the chief justice nor anv other
justice could try anybody in Virginia;
any editor OF any newspaper would have
as much right. At the time the act OF
March, 1867, was passed the supreme
court was sitting In Washington, and
the chief justice was bound to be there.
But he wrote the district Judge at Rich
mond that he would como down and join
him in holding the court as soon as the
supreme court adjourned in May.
Davis, however, was brought before
the district Judge, and bailed, in May,
before the supreme court adjourned.
This seems to have been done by sort
of consent, and it was done without any
conference with the chief justice, and
was matter OF which he had no control.
The counsel on both sides were inform
ed by the district Judge that the chief
justice would come in few days, and if
trial had been desired on either side it
could have been had then, in that very
month of May.
In October, 1867, an adjourned term
having been appointed to be held at
Richmond, on the 18th of November,
the chief justice caused the parties to
be notified that he would attend at that
time, in order that the trial might take
place, if parties were willing. He did
accordingly attend; but the parties were
not ready. This was in November, 1867,
since then the chief justice has been
obliged to attend the supreme court at
Washington. One thing is certain.
There has been no term at Richmond
since the capitulation of Lee, which the
chief justice could have attended, which
he has not attended. And another thing
is clear, that the trial of Davis might at
any time have taken place that is, since
his capture in May, 1865, either by
military commission, when military
commissions were being held for the
trial of offenders, under the authority of
the President, or by court held by the
district Judge. The chief justice, there
fore, is in no sense or in the least degree
responsible for the delay which has taken
place. Until last May, he could not try
him, and since then he has always been
ready. Respectfully yours,
s. P. CHASE.