That very morning the little daughter of his host came running in and in

wide-eyed terror said that some one had told her that "Old Lincoln was

coming to kill everybody." Mr. Davis, taking her upon his knees, said

soothingly: "You are wrong, my dear, Mr. Lincoln is not a bad man. He

would not willingly harm any one, and he dearly loves little girls like

you." These incidents, trivial enough in themselves, are nevertheless

interesting as indices of Jefferson Davis' opinion of Mr. Lincoln.

XXIX. The Capture of Davis

Proceeding to Charlotte, Mr. Davis there learned of the surrender of

General Johnston. Determining to make his way to Texas he decided to take

a southerly route which he hoped to find free from Federal troops. A

cavalry force of about two thousand accompanied him as far as the Savannah

River, but there discovering General Wilson's brigade to be in the country

in front it was deemed advisable for the force to disband and Mr. Davis,

with Burton Harrison, his secretary, and a few others to go forward in the

hope of escaping discovery.

At Irwinsville, Ga., he learned that his family, which was also proceeding

westward, was but a few miles away and he was advised that the country was

filled with marauders who were rifling and robbing all strangers whose

appearance indicated the possession of valuables. This information,

coupled with the story that Mrs. Davis' party was believed to possess a

valuable treasure, so alarmed Mr. Davis for the safety of his family that

he resolved to join it at all hazards. This resolution cost him his

liberty.

Perhaps no event of history has ever been so grossly and malignantly

misrepresented as the capture of Jefferson Davis. At the time an absurd

story was published along with a cartoon in even so respectable a paper as

_Harper's Weekly_, which represented Mr. Davis at the time of his capture

arrayed in shawl, bonnet and hoop-skirts, and, strange as it may seem,

this ridiculous screed is still accepted by thousands of intelligent

people as correct history. The true facts of the case, as learned from Mr.

Davis and corroborated by both General Wilson and Mr. Burton Harrison, are

as follows:

[Illustration: Richmond as Gen. Weitzel Entered It]

The Confederate President reached the spot where his wife's party had

pitched its tent after nightfall. During the evening it was decided that,

to avoid discovery, he would leave the party on the following day and

thenceforward would proceed westward alone. About daylight the travelers

were awakened by firing across a nearby stream, and Mr. Davis thinking it

an attack from marauders remarked to his wife that he hoped he still had

enough influence with the Southern people to prevent her robbery and

stepped out of the tent. Almost immediately he returned saying it was not

marauders but Federal soldiers. Mrs. Davis, frantic with fright, begged

him to fly. In the darkness of the tent he picked up a light rain coat,

which he supposed to be his own but which belonged to his wife, and she

threw a shawl around his shoulders. His horse stood saddled by the

roadside and he ran toward it, but before he could reach it a trooper

interposed and with leveled carbine bade him surrender. Intending to place

his hand under the foot of the soldier and topple him out of the saddle he

gave a defiant answer and rushed forward. Mrs. Davis, however, now

interposed and Mr. Davis seeing the opportunity lost walked back to the

tent, where a few moments later he surrendered to Colonel Pritchard of the

Fifth Michigan Cavalry.

No soldier who took part in the capture of Mr. Davis ever supposed that he

attempted to disguise himself, and the story of the bonnet and the

hoop-skirts is, of course, pure fiction. The picture of the illustrious

captive, presented in this edition, represents him exactly as he appeared

at the time of his capture, when divested of the shawl and raglan, which

in no way served to conceal his identity, much less his sex.

Despite the efforts of Colonel Pritchard to spare Mr. Davis all

indignities, many insults were heaped upon him enroute to Macon. Once

arrived at that point he was furnished with a comfortable suite of rooms

and after a time General Wilson sought an interview, during the course of

which Mr. Davis first learned that he was accused of complicity in the

assassination of President Lincoln, and of Andrew Johnson's proclamation

offering $100,000 reward for his apprehension.

Those who knew Mr. Davis will remember him best by his habitual expression

of calm dignity and benign gentleness. One would imagine that scorn or

contempt could never disturb that face, but General Wilson says that when

he imparted the above information that his lips curved in contempt, that

his brows were knitted and that there was a deep gleam of anger in his

eyes which, however, soon softened away as he remarked, with a half rueful

smile, that there was at least one man in the United States who knew that

charge to be false. General Wilson, of course, asked who it was, and Mr.

Davis replied, "The author of the proclamation himself, for he, at least,

knows that of the two I would have preferred Lincoln as president."

From Macon Mr. Davis was sent under guard to Augusta, and from thence on a

river tug in company with Clement C. Clay and Alexander H. Stephens, to

Port Royal, where they were transferred to a steamer which conveyed them

to Fortress Monroe. During the time they were anchored off shore crafts of

all descriptions swarmed around, and the insults and gibes of the morbid

sight seekers keenly annoyed the illustrious prisoner, and it was a relief

when a file of soldiers came to escort him ashore. He requested permission

from General Miles for his family to proceed to Washington or Richmond,

but this was curtly refused and they were sent back to Savannah.

XXX. A Nation's Shame

In fortress Monroe, Mr. Davis was confined in a gun room of a casement

which was heavily barricaded with iron bars. Two sentries with loaded

muskets and fixed bayonets were posted in the room, while two others paced

up and down in front of his cell.

Escape would have been impossible for any one, however strong and

vigorous, and he, now an old man, was weak, feeble and emaciated.

Yet on the third day after his incarceration, while the victorious troops

of the republic were passing in solemn review before the President and

generals of a great nation, there was enacted in that little cell at

Fortress Monroe a scene which must forever cause the blush of shame to

mantle the brow of every American at its mere mention. A file of soldiers

entered the cell and Captain Jerome Titlow, with evident pain and

reluctance informed Mr. Davis that he had a most unpleasant duty to

perform, which was to place manacles upon him. Mr. Davis demanded who had

given such an order, and upon being informed that it was General Miles,

asked to see him. This was refused by Captain Titlow, who sought to induce

him to submit peaceably to the inevitable. "It is an order which no

soldier would give and which none should obey. Shoot me now and end at

once this miserable persecution!" At the same time the fallen chieftain

drew himself up to his full height and faced the soldiers, his hands

clenching in convulsive grasps and his eyes gleaming like those of a

hunted tiger driven to bay. A word from Captain Titlow and a soldier with

the shackles in hand advanced, but before he could touch the captive he

dealt him a blow which felled him upon the floor. Necessarily the struggle

was a short one and in a few moments heavy irons were riveted upon his

ankles and one of the foremost of living statesmen lay upon a miserable

straw mattress chained as though he had been the vilest of desperate

criminals.

Had Garibaldi or Napoleon after Sedan been subjected to the crowning

indignity inflicted upon Jefferson Davis all Europe would have rung with

the infamy of the brutal act, and yet the whirlwind of sectional strife

had so fanned the fires of prejudice and hatred that the act was generally

applauded at the North, and the officer responsible for this crime against

civilization for many years exhibited the shackles as though they had been

a trophy of honorable victory.

Let us as Americans be thankful that such perverted sentiment was short

lived, and that a day came when the infamous act was repudiated as

wantonly cruel and brutal, and its perpetrators were more anxious to avoid

the responsibility for it than formerly they had been to assume it. There

is now no longer any doubt as to the person who is responsible for placing

Jefferson Davis in irons, but it is only fair to General Miles to say that

he was very young at the time. The grave charges against Mr. Davis, no

doubt, served to mislead his immature judgment, and from the fact that

Louis Napoleon had recently escaped from a fortification in France he, no

doubt, believed that the extreme and cruel measure was necessary.

In justice it should be further stated that as soon as General Miles

believed the danger of escape no longer great he gave orders for the

removal of the shackles, and thereafter treated Mr. Davis with much

kindness. The story of Mr. Davis' two years' imprisonment at Fortress

Monroe is too well known from Dr. Craven's impartial, if somewhat

fragmentary, account to need further repetition here.

XXXI. Efforts to Execute Mr. Davis

It is a difficult matter at this distance of time to realize the attitude

of public sentiment against Jefferson Davis the state prisoner of Fortress

Monroe. As the chief executive of the late Confederacy, he was, in popular

estimation, the incarnation, if not the proximate cause, of all the sins

and suffering of Rebellion, but worse than all the administration which in

feverish, puerile haste had declared him an accessory to the assassination

of Mr. Lincoln and upon that score had paid out of the public treasury

$100,000 for his capture, could not, or rather dared not reverse its

attitude and speak the truth. The result was, of course, that the vast

majority of the people at the North believed Mr. Davis to be as guilty of

murder as he was of treason, and consequently there was a mighty clamor

for his summary execution.

Had there been a scintilla of evidence, nay, had there been any fact which

human ingenuity could have tortured into a plausible resemblance to guilty

knowledge of Mr. Lincoln's death, no one will now doubt that Jefferson

Davis would have been murdered as was Mrs. Serrat.

Andrew Johnston within ninety days after he had issued his ridiculously

false proclamation admitted it to be without foundation--a fact which all

along was fully realized by every member of the government who had

personally known the accused. And yet a coterie of radicals, headed by a

conspicuous member of the Cabinet, continued to search by such

questionable means for incriminating evidence that it disgusted the just,

conservative men of all parties, and they demanded that the senseless

accusation be dropped for all time.

However, a chance yet remained to dispose of the fallen chieftain without

incurring any of the trouble and risk that must arise from a trial

according to the laws of the land.

Thousands of Federal prisoners had starved and died at Andersonville and

throughout the North this tale of suffering had inspired such horror and

indignation that there was a general demand for the punishment of those

who were supposed to be responsible for it. Captain Wirz, the commandant

of Andersonville, was accordingly haled before a drum-head court martial

and, despite the fact that he conclusively demonstrated that conditions

responsible for the horrors of that pest hole were beyond his own control,

or that of any man or number of men in the Confederacy, he was promptly

convicted and was sentenced to death.

Then a serviceable, if not honorable, idea seized the hysterical radicals,

which was nothing less than the feasibility of holding Jefferson Davis

responsible for the horrors of Andersonville. But there again the

ingenuity of malice failed to discover any evidence except that which was

highly creditable to the intended victim.

All that followed in the nefarious plot is not and never will be fully

known, but from the declaration of the priest, who was Captain Wirz's

spiritual adviser, as well as from other authentic information, there is

no room whatever to doubt that the condemned man was offered his life and

liberty if he would swear that in the management of the prison he had

acted under the direction of Jefferson Davis. Captain Wirz, however, was a

brave and honorable man and scorning to purchase his life with such a lie,

he met his fate like a soldier. This left but one other course open. If

Mr. Davis were to be punished at all, it must be for treason. The idea

appealed to the radicals with something of the same zest that a child

experiences from its first gaudy toy, and for a time they fairly reveled

in visions of a court martial which, unincumbered of the troublesome rules

of evidence observed in courts of law, would speedily give the desired

result.

But fortunately for the American people, there were men in the Cabinet and

in Congress, who knowing the law, clearly saw that such a course of

procedure must shock the whole civilized world and reduce the guarantees

of the Constitution to a parity with the so-called organic law of the

revolutionary despotisms of Central American and South America. Against

this sentiment the ravings of the vindictive cabal availed nothing, and,

as the months went by, it became evident that if a trial ever came, it

must be according to the laws of the land.

XXXII. Indictment of Mr. Davis

In the meantime Mr. Davis was constantly demanding that he be given the

speedy and impartial trial provided in such cases by the Constitution.

Charles O'Connor, then the greatest of living lawyers, Henry Ould and many

other leading members of the bar from the Northern states volunteered to

defend Mr. Davis, while Thaddeus Stevens proffered his services to Clement

C. Clay. Horace Greeley, through the columns of the _Tribune_, constantly

demanded that Mr. Davis be either liberated or brought to trial, and by

the spring of the year 1866 he had created such a sentiment throughout the

country in favor of his contentions that the government could no longer

delay some action.

Accordingly in May an indictment was procured, charging Jefferson Davis

with high treason against the United States, and in June of the same year

Mr. Boutwell offered a resolution in Congress that the accused should be

tried according to the laws of the land, which passed that body by a vote

of 105 to 19.

But despite that resolution, there were those who clearly foresaw the

danger involved in it, and hoping that time might dispose of the necessity

for any trial at all, urged delay as the wisest measure. Consequently,

despite the efforts of Greeley and Gerritt Smith, and other great men of

the North, the trial was postponed until May, 1867.

Mr. Davis, weak pale and emaciated, appeared before Chief Justice Chase

sitting with Justice Underwood in the Circuit Court at Richmond. The

court-room was crowded to its utmost capacity and despite the stern

discipline sought to be enforced it was with the greatest difficulty that

the applause could be suppressed that from time to time greeted the

profound logic and masterly eloquence of Charles O'Connor's great speech

on a motion to quash the indictment. The arguments lasted two days and at

their conclusion Chief Justice Chase voted to quash the indictment, while

Justice Underwood voted to sustain it, thus necessitating a reference of

the matter to the Supreme Court of the United States for final decision.

In accordance with a previous arrangement Mr. Davis was soon afterward

admitted to bail, Horace Greeley, Gerritt Smith, Augustus Schell and a

number of other former political enemies becoming his bondsmen.

XXXIII. Why Davis Was Not Tried for Treason

From that moment the administration knew that Jefferson Davis would never

be tried for treason and drew a long breath of relief. Yes, the

administration knew, but the general public, beyond the gilded vagaries

about humanity and the magnanimity of a great nation to a vanquished foe,

sedulously promulgated to obscure the real reason, has never understood

why Jefferson Davis was never tried for the high crime which it was

alleged that he had committed against the United States.

Unfortunately the restricted space at this time at the disposal of the

author precludes anything more than setting forth the conclusions based

upon the evidence now in his possession, of why this charge was so

joyously abandoned by an administration which less than two years before

had moved heaven and earth to discover any pretext which might lend the

color of justice to the summary execution of the illustrious chieftain of

the Confederacy.

To one in any way acquainted with popular sentiment, with the temper of

the administration even in 1867, all declarations of magnanimity,

generosity and abhorrence of extreme measures must seem the merest cant.

It is, of course, not beyond the pale of possibility that those who in

1865 were willing to descend to any depths of infamy to secure a pretext

for the execution of Mr. Davis _might_ have experienced a change of heart

in two years sufficiently marked to create conscientious scruples against

putting him upon a fair trial in a court of justice on the charge of

treason. But that theory of the case would be altogether unlikely even if

we did not know that the desire of the administration to hang Jefferson

Davis was just as intense in 1867 as it was two years before. That it did

not attempt to accomplish that result through the regular channels of

justice, is due entirely to the fact that such a trial would have opened

up the whole question of secession for final adjudication by our highest

court of last resort. It would have been a trial not so much of Mr. Davis

as of the question of state rights, and the able lawyers of the

administration, partisans as they were, had no desire to see the highest

judicial body of the land reverse an issue which had been satisfactorily

decided by the sword.

Charles O'Connor's bold declaration that Jefferson Davis could never _be_

convicted of treason under the Constitution as it then stood first aroused

the administration to the dangers of the task that it had assumed. Mr.

Johnson sent for his attorney-general and had him prepare an opinion on

the case. In due time it was submitted. It was a veritable bombshell which

fairly demolished every theory upon which Jefferson Davis might have been

convicted of treason or any other crime.

Mr. Johnston then called to his aid two of the greatest constitutional

lawyers of the age, and they agreed with the conclusions of Mr. Stanberry.

Not satisfied with this, he invited the chief justice to a conference for

a full discussion of the matter.

If there was ever a partisan, it was Salmon P. Chase, but at the same time

he was a great lawyer and an honest and fearless man. "Lincoln," he said,

"wanted Jeff. Davis to escape. He was right. His capture was a mistake,

his trial will be a greater one. We cannot convict him of treason.

Secession is settled. Let it stay settled!" Significant words truly from

that source, and they explain the vote of the great judge who would have

quashed the indictment against Mr. Davis no less than the question so

often asked, "Why was Jefferson Davis never tried for treason?"

Immediately after Mr. Davis' release on bond, he went with his family to

New York, and a few weeks later to Montreal, where he continued to reside

until May of the following year when he again appeared before the Circuit

Court in Richmond for trial. But despite the efforts of his counsel to

force a trial of the case, it was dismissed by the government and thus

ended ingloriously the boast of the government that it intended "in the

arch traitor Davis to make treason odious."

XXXIV. Freedom, Reverses, Beauvoir

Impaired in health and longing for rest far away from the tragic scenes of

the past few years, Mr. Davis accepted the invitation of English friends

to visit them. But it was soon discovered that his visit was to be a

continuous ovation. Everywhere he was greeted as though he had been the

conqueror instead of the vanquished. The spirit that prompted those

manifestations he appreciated, but it revived sad memories of the cause

for which he had staked all and lost, and to avoid this lionizing he took

up his residence in Paris.

The cordiality of the Frenchmen, however, surpassed that of their English

brethren, and Mr. Davis soon found himself so much in the public eye that

he decided to return to England. Before quitting Paris, the emperor

conveyed his desire for an audience, which Mr. Davis courteously refused.

Napoleon, he conceived, had acted in bad faith with the South and such was

the moral rectitude of the man that he could never disguise his contempt

for any one, of however exalted station, whom he believed to be guilty of

double dealing of any kind.

As the guest of Lord Leigh and the Duke of Shrewsbury in Wales, Mr. Davis'

health gradually improved until he felt himself once more able to enter an

active business of life. The war had left him a poor man, and when a life

insurance company of Memphis offered him its presidency with a fair salary

he accepted, and with his family returned to America. The people of

Memphis soon after his arrival presented him a fine residence, but this he

refused.

Mr. Davis was probably a very poor business man and his associates of the

insurance company were in no way superior, for its affairs soon became

anything but prosperous. All of his available capital was invested in it,

but this he gladly sacrificed in order to sell his own company to a

stronger one which could protect the policies of the former.

[Illustration: The Davis Mansion]

The people of Texas, learning of Mr. Davis' losses offered to give him an

extensive stock farm in that state, but this he also refused.

Upon the Gulf of Mexico, near the little station of Beauvoir, Mr. Davis

owned a tract of land which he conceived would support his family, and

there, far from the strife of the busy world, he resolved to spend the

declining years of his life. However, retirement at best could only be

partial, for a man loved and venerated as Mr. Davis was throughout the

South, and Beauvoir accordingly became the shrine of the public men who

sought the counsel of its sage. But with the modesty characteristic of the

man he refused to advise any one upon measures of national import, since

by the action of Congress he was forever disfranchised.

He would not ask pardon, sincerely believing that he had done no wrong,

and when the people of Mississippi would have elected him to the United

States Senate he declined the honor in words which should be perused by

all who know the man as he was, during this period of his life: "The

franchise is yours here, and Congress can but refuse you admission and

your exclusion will be a test question," ran the invitation to which Mr.

Davis replied: "I remained in prison two years and hoped in vain for a

trial, and now scenes of insult and violence, producing alienation between

the sections, would be the only result of another test. I am too old to

serve you as I once did and too enfeebled by suffering to maintain your

cause."

Any word that might serve to still further increase that alienation never

passed the lips of the gentle, kindly old man, who still the idol of his

people, preferred to all honors the quiet life there among the pines,

where amidst his flowers he played with his children and their little

friends, and far into the night, surrounded by his books, he worked

assiduously upon his only defense, "The Rise and Fall of the Confederate

States of America." The concluding paragraph of that book, written in the

gray dawn of a summer morning after a night of continuous labor, should be

read by every one who would understand the motives that actuated Jefferson

Davis in the great part that he played in the world's history.

"In asserting the right of secession it has not been my wish to incite to

its exercise. I recognize the fact that the war showed it to be

impracticable, but this did not prove it to be wrong; and now that it may

not be again attempted, and the Union may promote the general welfare, it

is needful that the truth, the whole truth, should be known so that

crimination and recrimination may forever cease, and then on the basis of

fraternity and faithful regard for the rights of the states there may be

written on the arch of the Union 'Esto perpetua.'"

The Real Jefferson Davis · 第 5 / 6 段