Year: 1867

1OTdc6 6feeley has been roughly
criticised and in some quarters unjust
ly ndaligned because he signed the
bail bond for the arch-rebel. It is
therefore but just that the people
should see what he has to say in ex-
plantation Of his action, and we give
the following extract from an editorial
appearing over his signature in the
Tribune, while not wishing to be un-
derstOod as by any means endorsing
Greeley's view of the matter:


No amount Of personal defamation
could induce me to offer any defence
of my agency in procuring the release
Of Jefferson Davis from an imprison-
ment theoretically Iawless and practi-
eaIIy mischievOus. Nine teuti1s of
those now loddest in condemning that
release are heartily glad of it, and on
~ affect the contrary because they
thereby crafty a spite, or hope to adj
Vafite their own fortunes at the expense
Of some one else, If they could have
Davis back in Fortress Monroe this
hour By simply wishing it, they would
not.


Those who assail Chief Justice
Chase for not trying Davis ought to be
aware of Judge UnderwoOd's testimO-
ny before the Reconstruction Commit
tee of the last Congress that Davis could
not be convicted of treason anywhere
in Virginia, unless by packing a jury
for the purpose. If such be the fact,
can the Chief Justice or the Circuit
Judge be wisely blamed for not expos
ing the Government to a defeat on
such an issue? What good end would
have been subserved by such a result g?
Remember that Chief Justice Marshall
settled the law Tin Aaron Burr's case)
that the accused can only be tried in
the judicial district where his offence
was committed.


Some journals have asserted that I
went to Richmond to labor with Judge
Underwood in the premises ! That
upright jurist needs no defence from
such an Implication but I may say
that I never yet spoke to aJudge with
reference to a case on which he was to
act; and 1 surely should not venture
on such an impropriety with Judge
Underwood.


It's not true, though frequently as
serted, that the Chief Justice has
Ishrunk from trying persons charged
with treason. There were several
treason cases on the calendar when he
held circuit in Baltimore last year he
was ready to try them, but the Gov
ernment was not; and they were put
over by the District Attorney. I do
not know why this was; I do know
the fact.


Several Republican journals have as
serted that 1 ''thrust myself into" this
matter-that I sought the distinction,
&c. Nothing like this is true.
went to Richmond and signed the
bond, simply because the leading
counsel for the prisoner deemed it i'm
pOrtant. If any other name would
have answered as well, they would not
have prOffered mine for they could
easily Have given Ten Millions of
Dollars, all of it by men who were
worth double the amount for which
they became responsible, and each of
whom would have esteemed signing
tile bond a privilege. But the counsel
believed it eminently desirable that
they should present some Northern
natIies, Of men who had been cOnspi-
cuous opponents of the Rebellion {;
perhaps because the application to ad-
NIT to bail would otherwise be strenu-
Ously resisted. l know nothing of
their reasons 7 only know that they
Would not have required me to face
this deluge of mud if they had not be-
lieved it necessary.