The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1889-12-19
JEFFERSON DAVIS IN PRISON.
Barbarous Treatment to Which ho was
Subjected.

treasury under the administration OF
Presidents Lincoln, Johnson, and Arthur,
in his recently published book, "Men
and Measures of Half a Century," speaks
as follows of his official visit to Mr..
Davis, while prisoner of Fortress
Monroe
The question, "What shall be done
with confederate leaders?" was referred
to but not discussed at Mr. Lincoln's last
meeting with his cabinet. Mr.. Lincoln
merely remarked in his humorous man.
ner. 81 am good deal like the Irish.
man who had joined temperance
society, but thought that be might take
drink now and then if be drank unbe.
known to himself. A good many people
think all the big copfederates ought to
be arrested and tried as traitors. Per
haps they ought to be; but I should be
right gladif they would get out of the
country unbeknown to me-" This ques-
tion came up in the case of Jefferson
Davis soon after Mr.. johnson became
president. Mr.. Davis had been captured
while attempting to escape after the
fall of Richmond, and was prisoner in
close confinement in Fortress Monroe.
Some action must be taken in his case.
Whatahould it be?s He had been the
president of the confederacy, and there
fore was the most conspicuous of the
enemies of the government. By large
part Of the people Of the north he was
regarded as the arch-traitor, upon whose
head vengeance should be visited. Should
he be liberated in the face of the strong
feeling against him, or should he be
arraigncd for treason, and if arraigned,
should he be tried by military com.
mission or q United States court2 These
were interesting and important questions,
requiring the most careful consideration
both in their legal aDd political bearing
The legal question, Has Mr.. Davis
been guilty of such acts of treason that
he can be successfully prosecuted? was
submitted 10 ths attorney. general, who
after thorough examination Of it, and
consultation with some of the ablest
lawyers in the country, came to the
conclusion that Mr.. Davis could not be
convicted Of treason by any competent
and independent tribunal, and that there,
fore he ought not to be tried. The con.
clusion was undoubtedly correct 1t was
revolution which had been attempted
by the Southern states-a general upris>
ing Of the people ofthe South against the
government. 1t was war in which they
had been engaged-war of such proper
tions that belligerent rights had been
accorded them by foreign nations. The
same rights had been acknowledged by
the government in exchanges of the
prisoners and other acts. They could
not, therefore, be charged with treason,
nor could one of their number be singled
out and legally convicted of the crime.
Aside from these considerations it was
clear that whatever reasonable acts
Mr.. Davis might have been guilty of,
we're committed in the Southern States,
where, under the constitution, che trial
must take place, and where conviction
would be impossible. Tho president
was chagrined by the decision, which
was forced upon him by the opinions of
the attorney general and other eminent
lawyers. It was the direct opposition to
his committals in the vindictiye speeches
which he made at the commencement of
his administration; but be saw the cor
rectueas of it and from that time he
pushed his generosity to those whom he
had denounced as traitors to au extreme.
Mr.. Davis was-ouly one of many thou
sands who were engaged in war against
the government His position made
him the most conspicuous, but he was
no more guilty than many others against
whom no proceedings we're contemplated.
There WIS no evidence that he was
responsible for the horrors Of Anderson.
vile, or the general bad treatment to
which union soldiers were subjected in
Southern prisons. He vas, however,
kept in confinement until the spring OF
1867, when he was brought before the
United States court at Richmond, on
charge of frreason, and admitted to bail.
he vas not tried, although he expressed
q desire to be, nor was he among those
who asked to be pardoned. While the
question was pending, the president sent
TO. me one day and said that he would
like to have me go privately and unofi
ciaily to Fortress Monroe and ascertain
whether or not the reports thot had
reached him about the treatment Of Devils
were true "He was, said the president
"the head devil among the traitors, ard
he ought 10 be hung; but be should
have fair trial and not be brutally
treated while a prisoner. A few days
after the request was made was able to
comply with it. On my arrival at the
Fortress, Mr.. Davis was walking upon
The ramparts accompanied by couple Of
soldiers. I was glad to notice that bis
gait was erect, his step elastic, md when
he came up whereI was standing that
he had not the appearance of one whc
was suffering in health by imprisonment
I spent an hour or two with him in con
versation. ~ was," he said, "in the first
two or three months of my imprison'
ment, treated barbarously, but now an
permitted to have daily walk, and my
present quarters, as you perceive, arc
such as prisoner, charged with high
treason, ought not to complain cf "A
cot, a snail pine table aud two cane