Secrets of the Late Rebellion, Now Revealed for the First TimeFreese, Jacob R.
History
Secrets of the Late Rebellion, Now Revealed for the First Time
Freese, Jacob R.
United States -- Politics and government -- 1861-1865
When things had reached this crisis, the President sent word to Judge
Freese to call upon him at his earliest convenience. The Judge, after
being stationed at Alexandria, had, during the first few months, called
frequently upon President Lincoln, Secretary Seward, and Secretary
Cameron, as he had known them all personally, and somewhat intimately,
for many years; but for the month preceding this word from the
President, the Judge had been kept so exceedingly busy with the affairs
of his court that he had scarcely been to Washington. On the afternoon
of the next day after getting Mr. Lincoln's message, Judge Freese called
upon him, and was received with the utmost cordiality. So soon as they
were entirely alone, the President told the Judge of the position which
Attorney-General Bates had taken with reference to the Alexandria court,
and added: "I really think Bates will resign unless he can have his own
way in this thing. I wish, Doctor, you would call upon him at once, and
see if you can't change his mind. It would be a dreadful thing, just
now, when we are in the midst of a war, to have any Cabinet officer
resign, as our enemies would regard it as showing weakness on our part,
and as a triumph for themselves, and yet I don't want your court closed,
if it can possibly be helped. Call upon Bates, Doctor, call upon Bates,
and let me know the result."
From the President's room the Judge went direct to Mr. Bates's office
and had a long conference with him. The Attorney-General, while
admitting the correctness of Judge Freese's decisions, so far as he
had heard of them, still insisted that there was no law by which the
existence of such a court was authorized, and therefore it ought to
cease its operations at once. The Judge admitted that he knew of no law
by which such a court was authorized, but contended that "necessity
knew no law," and that the existence of just such a court was a real
necessity in Alexandria, not only as a means of preserving the peace of
the city, but for all other purposes for which courts were ever used,
since the State, county, and municipal courts had all run away when the
Union troops came in, and this was the only court through which
justice could be obtained in any case or for any purpose. All this, the
Attorney-General said, seemed to be true, but it was better to wait for
justice than to violate known rules of law in trying to obtain it. "The
court has no legal existence, sir, the court has no legal existence," he
kept saying over and over again, and this was his answer, and his only
answer, to every argument brought forth by the Judge. The Judge finally
made him this proposition: "If you, sir, will withdraw your opposition
to the continuance of this court, I will enter into a bond with the
United States government, in the sum of one hundred thousand dollars,
with good and sufficient sureties, the condition of which bond shall
be, that, when the war shall have ended, every case which has been
Public-domain text, read in full here on John Shaqi.
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