At the meeting
to-day Speed said he had associated with him in the case of Jeff Davis, Evarts
of New York, Clifford of Massachusetts, and [no name given] of Kentucky. It was
suggested that General Butler would be of use, perhaps. But the question arose
whether he would be acceptable to the associate counsel. Speed said he would
write to him if it were wished, and he would consult with the others. All
admitted that such a man would be well in most respects, — had quickness,
aptness, will, vigor, force, etc., etc., but yet might be an unpleasant
associate, and there is danger that he would think more of Benjamin F. Butler than
the case in hand.
Speed says no court
can be held until November in Virginia, North Carolina, or Tennessee. At that
late day, the session of the Supreme Court will be so near that it will be
difficult to have such a protracted trial.
The President sent
for the Chief Justice a few days since with a view to confer with him as to the
place, time, etc., of holding the court, but Chase put himself on his judicial
reserve. Of course the President did not press the subject. Yesterday, Chase
called voluntarily on the President and had some general conversation and was
in the President's opinion not disinclined to talk on the very subject which he
the other day declined, but he little understands the character of President
Johnson if he supposes that gentleman will ever again introduce that subject to
him.
Judge Chase talked
more especially of the inconvenient court arrangements at Norfolk, to which
place the courts had been ordered by act of Congress instead of Richmond. I
inquired if the Chief Justice could not order a special session of the court at
an earlier day than the fourth Tuesday of November. Speed said he undoubtedly
could if so disposed. I suggested that the inquiry had best be made. The
President earnestly approved the suggestion. Thought it would be well to
ascertain the views of the several Departments of the government, and know
whether they were harmonious. If Judge Chase was disposed, the trial might come
off in October, — ample accommodation would be provided in Norfolk; but unless
the Chief Justice would order a special session, there must be delay. I have
seen no indications of a desire on the part of the Chief Justice to preside at
the trial of Davis.
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