The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-08-27
JUDGE BLACK TO MR.. DAVIS
An Unpublished Interview with the
Recently Deceased Jurist.
His Reply to Jefferson Davis-Enforcement
of the Laws Defeated by Abolitionists
War Precipitated by Hotheads.
New York Herald.

one of its correspondents which took place in
the Judges residence at York, Pa, on the
Sth inst While this interview was especi-
ally upon those political questions which at
present are more or less agitating the public
mind, reference was made to letter which
had appeared in the Philadelphia Times from
Jefferson Davis in reply to an article pub
lished by Judge Black, entitled Secession
Secrets" Following statement OF such ref
erence the account of the interview con-
tinues:
Shutting his left eye tight well-known
habit of the Judge, and looking al your cor
respondent for full thirty seconds, Judge
Black deliberately responded: From the
length of time occupied in preparing his de-
tense of secession, and coming from man
who has been pre-emnent in shaping Ameri-
can history, l expected something worthy of
the man who had filled the offices of Con-
gresham. Cabinet officer, United StaVes SEN
ator and President of the secessionist Con-
federaoy. but" (there the Judge took long
breath) 1.-The thunder is all in the index"
The Herald correspondent promptly took
out his book to note the Judges pithy SEN
fences as they were fired at him, but the
Judge said, put that away l must not re-
ply to person of Davis's prominence In
disjointed conversation. If every word ut
was spoken it would not be fair, as the inn
portance of the subject merits a much more
careful consideration"
The correspondents notebook was laid
aside, and for more than two hours he list
ened attentively to all interesting talk on the
events of the last three months of President
Buchanan'S term the action taken by "seces-
sion leaders" as Judge Black designated
them to influence Mr.. Buchanan and the
plans taken by his chief cabinet officer to
illustrate their Vaccinations all of which
Judge Black exaoted should not find a place
in the columns of the Herald until his reply
to Davis was sent to the Herald over his own
signature
Since that time as the world knows and
1aments, the distinguished statesman and
jurist has passed over to the silent majority,
leaving unwritten this contemplated reply.
The record of that two hours conversation
is, Therefore, all that remains to suggest to
the world what the reply might have been
had Judge Black lived to bring all his great
powers to its complete formulation. Feel
ing that death has Cancelled the promise
made, and that all that was said on such
subject by such a man will be read with
eagerness, your correspondent now furnishes
this record to the readers of the Herad-a
record carefully prepared Immediately after
the conversation took place.
Docs the Davis answer meet what you ex-
pected?' your correspondent asked.
THE vituperaton which permeates Mr..
Davis's defense of secession, all through it,
shows that he was not in proper frame of
mind to undertake so great task" was
Judge Blacks reply. Then he continued:
There is nothing strong in the paper pre-
pared by Jefferson Davis, and nobody will
feel the disappointment so keenly as the
people of the South who supported the seces-
sion movement. 1t is contradictory and very
unfair and, what seems strangest of all,
1ovyic fhari f1ae hot
against his side of the question, and others
are brought forward that have little rele-
vancv to the subject at issue. In view of
what appears upon the record-the pages of
history-it is worse than midsummer mad
ness in Davis to attempt to show that there
was no prospect of an invasion of South Car
olina except by such usurpation as l advo-
Gated. 1t is entirely true, as stated by Davis
that Congress had not called forth the mill
tia; that the Governor of South Carolina had
not invoked the aid of the federal govern
ment and that no civil process had been re-
sisted but he fails to state that there were
no federal officials in South Carolina to exc
cute civil process.
''As early as December l. 1860 or there
abouts. the Judge of the United States Dis
triot Court, the United States attorney and
the United States marshal had, by precon-
certed arrangement all resigned, superin-
duced, doubtless, by my letter to President
wherein l held that the President had the
power to call forth the militia whenever the
laws of the United States shall be opposed or
the execution thereof INSTRUCTED in any
State by combinations too powerful to be
suppressed by the ordinary course of judicial
proceedings or by the power vested in the
marshals. The laws referred to are those ex-
ecuted by the federal judiciary, but in this
case the district Judge, district attorney and
marshal had all resigned, and foreseeing that,
l alluded to it by saying that the opposition
In State might become so general that the
federal officers themselves might be reached
by the same influences and resign their
offices; and in such contingency it would
doubtless be impossible to fill their places
and with no courts to issue judicial process
and no ministerial officers to execute, the use
of militia under such circumstances would
not be warranted by the constitution. When
the President calls for the assistance of
troops it is for the purpose of aiding courts
In the execution of the laws and processes
that they unable TO execute and of course
there must be courts and marshas to aid;
but in the case of South Carolina it was a
State without federal judge, United States
attorney or United States marshal.
MY plan to overcome the difficulty Gre
ated by the conspirators of South Carolina
was to appoint collector of customs who
would collect the revenue; such was found
in the person of a Pennsylvania, and his
name was sent to the Senate, which was in
session when the Charleston collector re-
signed, but the Abolitonists, who were as
disloyal as the secessionists, united with jeff
Davis and other Southern senators who
agreed with him in his views, to prevent the
confirmation of the most determined and
resolute man that could be found for col
lector. Had that official been confirmed he
would have promptly proceeded to the
Charleston custom-house for the purpose of
collecting the duty on the goods imported
into that port. His admission to the Gus
tom-house would unquestionably have been
denied, as the Palmetto flag hoated over
both the custom house and postoffice
He would then have removed to another
building, if such could have been secured,
and failing in that he would have made his
office NIL { nI,tt mi; l..